A Florida couple won an appeal in a foreclosure ruling by the 4th District Court of Appeal of Florida. The appeals court determined the couple had a valid case and overturned the trial court’s decision, favoring the borrowers and that the bank, “failed to establish standing.”
In 2008, the couple defaulted on a loan three years after they signed a mortgage with the original lender, Bankers Mortgage Trust Inc. The couple was accused of two counts: 1. mortgage foreclosure and 2. “reestablishing” a note that was allegedly lost. A piece of paper attached to the copy of the note approved the new owner of the loan from the original lender to GreenPoint Mortgage Funding Inc. The claim about the lost note was dismissed after the bank failed to prove that it was the “legal and/or equitable owner and holder of the Note and Mortgage and (had) the right to enforce the loan documents.”
It didn’t help the bank when their sole witness, Pamela Bingham, who worked as a home lending research officer, couldn’t determine when the approval for GreenPoint Mortgage to take over the loan was included in the note or whether it was on the back or on another piece of paper, according to court documents.
The couple filed an appeal alleging the bank never provided valid evidence that it received the note from the original lender, and therefore it could not win the case as a non-holder in position with the rights of the holder.
“There was nothing, however, connecting the bank the endorsee of the note, GreenPoint Mortgage, to EMC Mortgage or the Bank,” according to the court. “In other words, the Bank failed to prove the series of transactions through which it purportedly acquired the note from the endorsee.”
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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.