Trial Transcripts & Case Study
Castillo v. Deutsche Bank (Fla. 3rd DCA 2012)
The appellant in this case challenges the appellee's standing to bring a foreclosure action against the appellant, arguing the appellee, a common-law trust, failed to comply with its pooling and servicing agreement when it took possession of the original note and mortgage and thus the trust cannot legally be in possession of the note and mortgage when it was obtained in violation of its trust documents. Because the appellant is neither a party to nor a third-party beneficiary of the trust, we find the appellant lacks standing to raise this issue and affirm the final judgment of foreclosure in favor of the appellee, as the holder of the original note and mortgage.See In re Walker, 466 B.R. 271, 280-81 1070*1070 (Bankr.E.D.Pa.2012); In re Almeida,417 B.R. 140, 149 (Bankr.D.Mass.2009); see also Riggs v. Aurora Loan Servs., LLC, 36 So.3d 932, 933 (Fla. 4th DCA 2010).
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".
The plaintiff lost at trial mainly because the allonge was not attached to the alleged note in compliance to UCC.
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.
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.
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
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
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
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
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
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
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
Deutsche Bank vs. Margaret Massey, Duval County FL
3-Motion To Enlarge Time
4-Consent Order To Motion To Enlarge Time
5-Motion To Dismiss
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
2-Motion For Default
3-Defendant Answer & Counterclaims
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.
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