Trial Transcripts & Case Study

 

 

 Trial Transcript: Deutsche Bank v. Marcone

 Reading this trial transcript, one can only be outraged. The judge was bias and showed complete disregard for the rule of law. I am confident he will be overturned on appeal. One reproach I have for the defense attorney is his failure to take any deposition of plaintiff before the trial.


Response in Oppostion to Summary Judgment: Keakaku v. Bank of New York Mellon et al

This is a federal case out of Hawaii. The pro se plaintiff did a very good job in opposing defendant motion for summary judgment. Notice the plaintiff skill denial of the authenticity of the note and mortgage. He is shifting the burden of proof on the "bank".


BankUnited's Motion for Rehearing: BankUnited v. Innocent

The plaintiff lost at trial mainly because the allonge was not attached to the alleged note in compliance to UCC. 


Trial Transcript: JP Morgan  Chase v. Heuer

Defendant attorney did a good job at the trial; however, the judge seems bias against the homeowner. The court ruled for the plaintiff. I hope the defense appeal. 


US v. Wells Fargo Bank N.A.

 Complaint

The US government is suing Wells Fargo for fraud amongst other things in the securitization of mortgages.


Trial Transcript: Deutche Bank v. Mischenko
Case was unvoluntarily dismissed at the end of the case in chief because the language in the notice of default did comply with the requirement of paragraph 22 of the mortgage.


Trial Transcript: PHH Mortage v. Parish

Plaintiff lost at the trial because they could not prove there was a default. The letter of acceleration was rejected by the court as business record.


Deutsche Bank v. Woodraw: Sarasota County FL

Order Dismissing Case For Lack of Standing 

The note was endorsed in blank with no date as to when it was endorsed. With no date, it is impossible to know when the plaintiff acquired standing to foreclose.


MERS v. Nebraska Department of Banking and Finance

MERS Brief -Nebraska Court of Appeals

This brief contains potential damaging revelation for any plaintiff trying to foreclosing using MERS name or fabricating fraudulent assignment using MERS. In the brief, MERS admits to not having any interest in a mortgage or note. This brief should be introduced into evidence via judicial notice in any case involving MERS.


U.S. Bank N.A v. Ernest E. Harpster

Motion in Limine
Motion to Compel Response to Request for Production and Answers to Interrogatories
Motion to Dismiss for Failure to Post Cost Bond
Motion to Dismiss for Failure to Join Indispensable Party
Answer to Foreclosure Complaint
Request for Production
Notice of Service of Interrogatories

Order Dismissing Case


 M & T Bank v. Lisa D. Smith
Order Granting Defendant's Motion to Dismiss Second Amended Complaint With Prejudice


Aurora Loan Services LLC v. Judith Mendes Da Costa
Order Granting Defendant's Motion to Dismiss (Against MERS)


HSBC Bank USA v. Orlando Eslava
Transcript of Order  Sanctioning HSBC


Deutsche Bank N.A v. Donnie J. Decker, Pinellas County FL
Order Dismissing First Amended Complaint


U.S. Bank N.A v. Guiseeppe Servedio, Palm Beach County, FL
Objection to Foreclosure Sale and Motion to Stay Final Judgment Pending Appeal


EMC Mortgage Corporation v. Karen A. Kondes St. Lucie County FL
Motion For Entry of Order Prohibiting Plaintiff From Assigning/Transfering Note & Mortgage


Bank of America v. Celizena & Vilamar Julme, Broward County FL
Emergency Motion to Cancel Sale Vacate Final Judgment and Request an Evidentiary Hearing


Ignacio Damian Figueroa v. Law Office of David Stern & MERS, US Southern District of Florida
Complaint


HSBC Bank USA v. Theodore Foreman, Okaloosa County FL
Order Dismissing Case on Failure to Pay Doc Stamp Taxes


Deutsche Bank vs. Geoffrey Wilner, Tarrant County Texas
Defendant Answer Opposing Foreclosure


Deutsche Bank vs. Nicolas Soto, Hillsborough County FL
Defendant Amended Answer, Affirmative Defenses, Counterclaims


Jerry A. Riggs vs. Aurora Loan Services LLC, Florida 4th DCA 
Appellee Motion For Rehearing


HSBC BANK NA vs. Johnson Calvin, Pinellas County FL

Defendant Objection to Motion For Summary Judgment
Memorandum of Law in Opposition to Defendant Motion to Dismiss

Objection to Hearing

Motion to Compel Production


M & T Bank vs. Lisa D. Smith, St. Johns County FL
Order to Dismiss with  Prejudice


Capacity to Sue Cases by Matt Weidner Esq.
Capacity Cases Compendium


U.S. Bank N.A vs. Rebecca Troche, Duval County FL
Order Granting Motion To Set Aside Sale and Jugment of Foreclosure


LaSalle Bank N.A vs. Jeffrey S. Perry
Affidavit Opposing Summary Judgment & Answer and Affirmative Defenses


Gregory Taylor vs. Deutsche Bank, 5th District Court of Appeals
Appeal Brief


Indymac vs. John Rogers, Pinellas County FL
Order Granting Motion To Dismiss


 GMAC Mortgage LLC vs. Debbie Visicaro, Pinellas County FL
Motion For Rehearing Of Plaintiff's Motion For Summary Judgment

Transcript of Summary Judgment Rehearing


New-York Supreme Court Decisions
HSBC Bank USA, N.A. vs. Anderson, Lydia

Wells Fargo vs. Vincent Marchione


Deutsche Bank vs. Margaret Massey, Duval County FL

1-Complaint
2-Lis Pendens
3-Motion To Enlarge Time
4-Consent Order To Motion To Enlarge Time
5-Motion To Dismiss
6-Amended Complaint
7-Motion To Enlarge Time
8-Answer To Amended Complaint
9-Plaintiff Motion To Strike Affirmative Defenses, Dismiss Amended Counter-claims, Strike  Jury Trial
10-Defendants Memorandum, Opposition To Plaintiff Motion To Strike
11- Order Denying Plaintiff's Motion To Strike Defendant's Affirmative Defenses
12-Plaintiffs Answers and Affirmative Defenses To Defendant Counter-claims
13-Plaintiff's Request For Admissions
14-Defendant's Answer To Plaintiff's Request For Admissions


HSBC Bank N.A as Trustee  vs. Donna Pinkston , Manatee County FL

1-Complaint
2-Motion For Default
3-Defendant Answer & Counterclaims
4-Plaintiff's Answer
5-Ocwen Answer
6-Ocwen Response
7-Plaintiff's Response To Motion To Dismiss
8-Defendant Request For Production
9-Ocwen Notice of Removal
10-Removal To Federal Court
11-Motion To Remand
12-Order To Remand
13- Cases Referenced


Nevada Bankruptcy Court
Ruling Against MERS March 31 2009


 Wells Fargo vs. Sam Adams, Hernando County, FL

The files are in .xps format. You need Internet Explorer to view them.

Wells Fargo vs. Sam Adams Part I
Wells Fargo vs. Sam Adams Part II
Wells Fargo vs. Sam Adams Part III
Wells Fargo vs. Sam Adams Part IV
Wells Fargo vs. Sam Adams Part V
Wells Fargo vs. Sam Adams Part VI


 United States Bankruptcy Court, M.D. Florida, Orlando Division
In re: JORGE CANELLAS, Chapter 7, Debtor

ORDERED, ADJUDGED AND DECREED that the Movant's Motion for Relief from Stay (Doc. No. 22) is hereby DENIED due to Movant's failure to establish it has standing to bring the Motion; and it is further