Foreclosure Defense Florida

ZERVAS V. WELLS- WOW! JUST LISTEN TO THIS…THERE'S NO EVIDENCE THAT THE TRUST AUTHORIZED THIS FORECLOSURE!~

IMPORTANT, LINK TO ORAL ARGUMENT HERE

If the trust does not give Wells Fargo the right to litigate….THEN THEY ARE OUT OF COURT

Wow….this really is extraordinary.   This is a great panel of appellate court judges….just listen to them tear into this case…piece by piece.   Importantly, they tear into a key issue that is bubbling up all across this country….

IF THERE IS NO PROOF THAT THE PRINCIPAL AUTHORIZED THE ACTION, THE AGENT HAS NOT AUTHORITY….AS THE GOOD JUDGE SAYS….

“THEY ARE OUT OF COURT!”

A judgement was entered when there was no answer filed!

And this is what really blows my mind…beginning at 2:26, just listen to what the good Judge says:

I hate to spin into the abyss…but Freemont Investment and Loan is not a legal entity is it?

And quite honestly, I’m not sure an entity with no legal existence can make any kind of assignment.

I cannot understand why the endorsement was on the back of the note when there was plenty of room on the front of the note.

The plaintiff in this case alleged, as officers of the court, “The conditions precedent have all been met”

Even in their complaint, they allege that MERS was a “nominee”, I think that’s a fiction….MERS had to make the assignment…if MERS is the Mortgagee….don’t they have to assign the note?

Few cases are simplier than foreclosure unless you layer in all these assignments and unrecorded assignments and no trust agreements….it creates a problem

And from the attorney:     These plaintiff’s are engaging in systematic fraud all across this country…

This is just an extraordinary argument here…the appellate court accepting real argument and stating what is the clear and existing law in force all across this country…they nailed the law in this case….laws and principles that are being ignored all across this country.   Why can’t the judges in trial courts and appellate courts all across the country apply the law just as these good judges do so clearly and directly here?   Just think of how much more stable and legitimate our entire legal system would be if all courts…or even if more courts…would apply the law and the rules just like these judges are doing in this case?

That’s really what the fraudclosure wars are all about.   With disturbing frequency, courts all across this country have given the banks wide berth and looked the other way while banks get away with whatever in the hell they want to….but not here….not in this courtroom….the court simply holds the plaintiff bank to a proper legal standard…….

Justice….might it still exist?

Anastasios and Dina Zervas appeal a final judgment of foreclosure
entered in favor of Wells Fargo Bank, N.A., as trustee for the MLMI Trust Series 2005-
FM1. We reverse because Wells Fargo did not establish that no answer which the
Zervases might file could present a genuine issue of fact.

Zervas v. Wells

4 Comments

  • Attorney Wendy Alison Nora says:

    I would love to hear the audio. Was a link to the audio posted and I just cannot find it?

  • neidermeyer says:

    Between this and the DocX fraud in my case I need to file a countersuit immediately …

  • Cyndi says:

    I never recieved any loand from this now shut down bank and the courts allowed them to forclose on us….now the FDIC owns our property…and is asking us why they should not….can you help?

  • darla hanger says:

    Matt doesn’t it blow your mind how much money the fraudclosure banks are profiting — at least with the numbers this lawyer threw out?
    I love how the one judge said I haven’t seen any endorsements on, the back EVER. The bank lawyer responds, it is common. And this fiasco has gone on for 3 years??? Why didn’t’ they bring in the ORIGINAL NOTE instead of photo copy— to show the endorsement was really on the back of the note?
    At the point of the hearing that is being challenged there was NO ASSIGNMENT of the note, and no default —– if I heard the lawyer correctly. The Assignment was filed AFTER the complaint?
    I never heard once in the tape that the foreclosure was based on XXX number of days in default. And it sounds as if a notice of default or acceleration was not sent, even though 7 lawyers signed that all conditions of foreclosure had been met.
    There was no record of the trust. The assignments are all screwy and maybe that is why the NOTE AND MORTGAGE aren’t supposed to be separated?
    Do you have the outcome in this case? What did the judges rule??? I am not a lawyer but WOW

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