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Subject
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NEW JERSEY COURT DISMISSES FORECLOSURE BY DEUTSCHE BANK
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Original Message
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NOT ONLY RIGHT ON THE MONEY BUT EXP[OSES THE DOUBLE DIPPING. FIRST THE FORECLOSURE SECOND THE CLAIMING OF INSURANCE IN FULL.
QUOTE
July 14, 2009
In a stunning victory for borrowers, a New Jersey court has dismissed a foreclosure action filed against the borrowers by Deutsche Bank Trust Company America as alleged trustee for a securitized mortgage loan trust after Deutsche Bank willfully, and despite the entry of three (3) separate court orders, refused to produce documents demanded by the borrowers which included documents setting forth the identity of the true owner and holder of the Note and mortgage, the complete chain of title to ownership of the note and mortgage, payment application histories, and documents as to the securitized mortgage loan trust. The Court had given Deutsche Bank multiple opportunities and extensions of time to produce the documents, but Deutsche Bank continually refused to produce any of the documents requested, resulting in the dismissal of Deutsche Bank’s foreclosure action. The Court also ruled that Deutsche Bank is not permitted to re-file any foreclosure action until it is prepared to produce ALL of the subject discovery.
FDN attorney Jeff Barnes, Esq. represented the borrowers, assisted by local New Jersey counsel.
W. J. Barnes, P.A. has numerous other cases pending where similar discovery requests have been sent to Deutsche Bank, none of which have been complied with to date. As such, additional requests for sanctions, including dismissal, are expected to be filed in these cases.
Read more
[link to foreclosuredefensenationwide.com]
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