Interest continues over Bank of America v Melissa Limato and the NJ Court Dismissal of Bank of America¶s Foreclosure Complaint

due to Violations SUMMARY Interest among homeowners and lawyers continue over the New Jersey court dismissal of a foreclosure complaint. Their hope is that the ruling that Bank of America did not have possession and control over the mortgage note and illegally had Wells Fargo send a notice of intent to foreclose can be applied to their situation. According to a ruling filed April 25th by Judge Peter E. Doyne of the Superior Court of New Jersey Chancery Division: Bergen County, Docket No F-61880-09, a foreclosure complaint by the Bank of America was dismissed because the bank failed to establish standing and was denied a motion for a summary judgment. ³As of today, the status of this case is that the bank has filed a frivolous appeal and we expect to win again, ³said counsel for the defense, lawyer Joshua Denbeaux, of the Westwood New Jersey law firm, Denbeaux & Denbeaux. ³We have developed a hard hitting game plan that adjusts based on the specific facts, the adversary, and the judge. The result has been an increased level of success in getting complaints dismissed and outright winning for our clients or at a minimum getting our clients years more to live in their homes. However, there are so many nuances and circumstances that lead to the outcomes in specific cases.´ added associate Adam Deutsch, Esq. of Denbeaux & Denbeaux. Also in the ruling Judge Doyne said the ³plaintiff violated the FFA´, [the Fair Foreclosure Act N.J.S.A. 2A:50-53 to 50-68] and that the ³plaintiff failed to comply with the requirements of the FFA a residential mortgage lender must send an NOI [Notice of Intent to Foreclose]. Homeowners with immediate questions about home loan modifications and foreclosure can call Joshua Denbeaux of Denbeaux and Denbeaux, 366 Kinderkamack Road, Westwood, NJ 07675 at (201) 664-8855 or email .

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