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Previous Wells Losses A

Previous Wells Losses A

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Published by John Reed

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Published by: John Reed on Feb 15, 2013
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12/28/2013

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SECTION AFORECLOSURES BY TRUSTSCASES DISMISSED WITH PREJUDICECases
Bank of New York v. LaFalce,
Case No. 10 06966 (Hillsborough County, Florida 2012)Trust: TBW Mortgage-Backed, PT Certs., Series 2006-2 “On October 11, 2011, this Court directed Plaintiff to provide some documentation or other evidenceshowing the authority of the original mortgage holder,Taylor Bean & Whitaker (“TBW”), to assign the subjectmortgage to it in light of a bankruptcy filed by TBW inAugust, 2009. Even after being given additional timeto comply, and even after its then-counsel wasdisqualified after failing to comply, Plaintiff willfullyfailed to comply with this Court’s Order. Tellingly,even after the Defendant sought entry of FinalJudgment based on Plaintiff’s failure to comply withthis Order, Plaintiff still failed to comply.” 
Citibank N.A. v. Murillo,
Index No. 16214/08, 2011 NY Slip Op 21004(N.Y. Sup. Ct. Kings Co. 2011)Trust: Bear Stearns AB Trust 2007-SD3 “Today is sixty-four (64) days since I issued myNovember 4, 2008 order and seventy-nine (79) dayssince Chief Administrative Judge Pfau issued herAdministrative Order with respect to plaintiff's counselconfirming, in foreclosure actions, the factual accuracyof plaintiff's court filings and notarizations. I have notreceived the twice ordered affirmation from plaintiff's
 
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counsel. Therefore, for violation of these orders, theinstant foreclosure action is dismissed with prejudiceand the notice of pendency is cancelled anddischarged.” 
Deutsche Bank National Trust Company v. Bodzianowski,
 Case No. 1:11-cv-01950 (N.D. ILL October 11, 2011)Trust: NovaStar Mortgage Funding Trust, Series 2006-5 “Defendant’s motion to dismiss for lack of standingis granted. Case is dismissed with prejudice as toPlaintiff Deutsche Bank and without prejudice as toany other Plaintiff who may have proper standing.” 
Deutsche Bank v. Francis,
2011 NY Slip Op 50423(U), Index: 10441/09Trust: GSAMP 2007-FM2Mortgage Amount: $445,500 “Plaintiff DEUTSCHE BANK lacked standing to forecloseon the instant mortgage and note when this actioncommenced on April 29, 2009, the day thatDEUTSCHE BANK filed the summons, verifiedcomplaint and notice of pendency with the KingsCounty Clerk, because it can not demonstrate that itowned the mortgage and note that day. Plaintiff alleges that the April 21, 2009 assignment from MERS,as nominee for FREMONT, to plaintiff DEUTSCHE BANKwas to be recorded. As of today it has not beenrecorded.” 
Deutsche Bank v. Lippi,
Case No. CA08-0127 (St. Johns County, Fla. 2010)Trust: GSAMP 2006-FM1
 
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 “Even though this Court repeatedly asked Plaintiff to provide pleadings or documents that GSAMP 2006-FM1 was an actual entity that was the real party ininterest, and despite numerous requests fromDefendant, no allegations were made. Furthermore,the Mortgage at issue on its face showed thatMortgage Electronic Registration Systems,Incorporated (“MERS”) was the nominee for FremontInvestment and Loan. An Assignment of Mortgage,dated after Plaintiff brought this action, showed thatMERS was the nominee for America’s ServicingCompany (“ASC”). Plaintiff never showed the GSAMP2006-FM1 had standing to bring the action…THEREFORE, the court hereby ORDERS andADJUDGES as follows:1.
 
Defendant’s Motion to Dismiss the SecondAmended Complaint is GRANTED with prejudicebecause over a two year period Plaintiff failedto allege or provide documents demonstratingits right to bring this action.” Reversed on appeal. 78 So.3d 81 Fla. 5
th
DCA 2012).
HSBC Bank USA, N.A. v. Taher,
32 Misc. 3d. 1208(A), 932 N.Y.S. 2d 760(N.Y. Sup. Ct. Kings Co. 2011)Trust: Renaissance Home Equity Loan Trust 2007-2 “Therefore, the continuation of this action byplaintiff HSBC, with its false statements of fact, theuse of robosigners, and the disingenuous affirmationof Mr. Cassara, appears to be frivolous…It is clear that the instant motion for an order of reference “is completely without merit in law” and “asserts material factual statements that are false.” Further, Mr. Cassara’s January 6, 2011 affirmation,

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