At the hearing on its motion, the bank
argued that its initial complaint even
if deficient could be cured, pointing to the
allonge and its supplemental evidence
of ownership of the note. In response, the
Bohatkas maintained that amendment
would be futile. The trial court denied
the bank’s request to vacate and set aside
the dismissal, stating in its order
that it ” exercised its right to file a formal complaint
with the Office of Attorney General”
The bank appeals from the trial court’s subsequent issuance of a final
judgment.The trial court also told counsel for the bank ” If your law firm or Wells Fargo created this document in an attempt to defeat the defendant’s motion, I will hold the plaintiff and the law firm responsible. They left you out to hang by sending you in here as local counsel. I want them present at all future hearings to hold them accountable for this.
Mortgage foreclosure cases have many factual permutations””such as the many ways that ownership of notes can be established””that do not lead to simplistic judicial resolution at the front end of litigation.
And the quote that made me choke on a little of my own vomit:
The point of our discussion of the twists and turns of the amended complaints in Knight is that a first complaint in a foreclosure action is often a starting point””not an ending point. A number of amendments may be necessary, which often serves to fine tune the scope of the factual allegations.
