Posts Tagged ‘taylor v. deutsche bank’
Florida Foreclosure Defense Alliance – The Cutting Edge of Consumer Protection
Author: Matthew D. Weidner, Esq.
The leaders of a growing movement that is dedicated to protecting homeowners who are in foreclosure concluded an important meeting in Boca Raton on Thursday June 24, 2010. Over the next several weeks, important developments from this meeting will be announced including:
Renewed Efforts to Share Legal Research, Pleadings and Case Strategies
Bi-Weekly Conference Calls
Legislative and Political Outreach Initiatives
Trial and Critical Motion Support and Attendance
Appellate Case Development, Drafting and Oral Argument Support
Effective Practice Building Procedures- There are too many consumers that still go unrepresented and this will change. This deprives them of their rights and places additional burdens on our judges. We’re all going to work together to make sure that every consumer has the resources and information they need to fight the critical battles they face.
The list serves and other groups we’re all part of have been absolutely invaluable to elevate the practice of this area of the law, but these new efforts will help us all to take this practice area to a whole new level.
If lenders and their attorneys do not start negotiating in good faith, the next phase of this wave of litigation will be trials. Given the significant evidentiary and other issues that exist, I am convinced that trials will be unwinnable for the majority of foreclosing plaintiffs. The members of the ethical and responsible foreclosure defense bar now recognize that every case must be prepared for trial and appeal beginning with the very first motion filed.
Mark Your Calendars Now, Upcoming Events Include:
Motion to Dismiss/Motion In Liminie/Motion to Substitute Party Plaintiff- The facts in this case and the tactics being developed have application to thousands of cases pending across the state. Members of the defense bar are encouraged to help prepare ahead of time, then come watch these proceedings to see how the tactics can be applied in your cases.
Indymac v. Davis ~ Chambers of Judge Kathleen Hessinger ~ Pinellas County – 7/8/2010 – 1:30
Mortgage Foreclosure Trial- There have been very few full mortgage foreclosure trials in recent history but that’s all going to change in the months and years to come because if lenders refuse to negotiate in good faith, we will be prepared to take these cases to trial. Come watch this trial for insight into the exciting new era of foreclosure defense.
Indymac v. Davis ~ Chambers of Judge Kathleen Hessinger ~ Pinellas County – 7/12/2010 – 1:30
Taylor v. Deutsche Bank Fifth Circuit Appeal Oral Arguments- It is increasingly obvious that many of the complex issues that confront our this area of the law will be resolved not in the trial courts, but in the appellate courts. These oral arguments will be streamed live so even if you cannot attend in person, you will have the opportunity to watch the proceedings live! I’m honored to make these arguments by my friend and fellow warrior Greg Clark. We will be holding several Mock Trials in the next several weeks, so stay tuned for more information about these exciting events as well.
Before the Fifth Circuit Court of Appeals ~ Volusia County- 7/15/2010
We’re all grateful to the Florida Bar for their support and for allowing us to participate in such a meaningful way at our profession’s marquee event. The message has been delivered and received loud and clear- the crucial problems faced by our judicial branch will be solved by ethical and responsible attorneys working together to serve our clients and the courts we serve. If you’re in town today, don’t forget to come by the Foreclosure Hamlet meeting room where hundreds of consumers and experts from a variety of fields will make presentations and present networking opportunities.
A Brilliant Appeal That Details The Differences Between Endorsement of Note and Assignment of Mortgage
Author: Matthew D. Weidner, Esq.
Too many practitioners lose site of the fact that a foreclosure case is based on two separate and distinct documents, the Promissory Note or the agreement to repay an amount borrowed and the Mortgage which secures that promise against the piece of property. Both documents are separate and each has its own distinct set of rules that govern how they are exchanged between parties from closing of the loan transaction until a foreclosure is filed. These same distinct set of rules govern how the documents are presented and entered into evidence in the actual foreclosure case.
Quite simply, one set of rules applies to the Note part of the foreclosure equation and an entirely different set applies to the mortgage component. Understanding these rules is a key component in drafting Motions to Dismiss and fighting Summary Judgment. Thanks to Foreclosure Fraud Fighter George Gingo for “sharing with the class”. For an excellent foreclosure defense attorney in the Brevard/321 area, contact George directly at ggingo@yahoo.com.
Read the following appeal for an excellent discussion of these issues along with all relevant case law. taylorappeal
Greg Taylor v. Deutsche Bank- Foreclosure Fighter George Gingo’s Masterpiece
Author: Matthew D. Weidner, Esq.
The documents attached below are the briefs that have just been filed with the 5th District Court of Appeal in Florida. In the briefs, Foreclosure Fighter George Gingo lays out a compelling argument that calls into question all foreclosures that are based on an assignment from MERS and many other foreclosures based on faulty, fraudulent or questionable possession of the documents that purport to give the right to foreclose.
If you want to know all of the case law and understand the cutting edge issues facing appellate courts…read these briefs carefully. There are enough appellate cases out there right now that appellate decisions unfavorable to lenders will be flowing for the next several years….hold on!
The Foreclosure Appeals Process- Great Work From Pro-Se Litigants
Author: Matthew D. Weidner, Esq.
This foreclosure crisis is inspiring for many reasons, but one of the most inspiring things I see are non-lawyers standing up to fight the fraud and injustices of the banks and their lawyers. I’ve started posting appeals and transcripts so people get a sense of the process….I can tell you that at least in the case of David Verizzo in Sarasota, Florida, this guy is going to inspire a whole lot of people….including experienced foreclosure/real estate attorneys.
Posted here is an example of an excellent, detailed appeal out of the Fifth District and here is one out of the Fourth District. Both present excellent treatment of complex issues faced in foreclosure and will be of big help to pro se or attorneys fighting both at the trial and appellate level. This stuff is spreading…with fantastic effect!
