Homeowner wins judgment against BANA based on fact America’s Wholesale Lender was never a legal entity at the time the mortgage and notes were executed. Court rules that Homeowner can recover all payments, with interest, and attorney’s fees.
See paragraph 9
(b) The Note and Mortgage are void because the alleged Lender, America’s Wholesale Lender, stated to be a New York Corporation, was not in fact incorporated in the year 2005 or subsequently, at any time, by either Countrywide Home Loans, or Bank of America, or any of their related corporate entities or agents.
(d) America’s Wholesale Lender, stated to be a New York Corporation, did not have authority to do business in Florida under Florida Statute 607.1506 and the alleged mortgage loan is therefore invalid and void.
(e) Plaintiff and its predecessors in interest had no right to receive payment on the mortgage loan because the loan was invalid and therefore void because the corporate mortgagee named therein, was non-existent, and no valid mortgage loan was ever held by Plaintiff or its predecessors in interest.
11. Defendant is therefore entitled to recover from Plaintiff, all funds reflected on Plaintiff’s Exhibit 4 which Plaintiff’s witnesses testified reflected the payment history of monies paid by Defendant to Plaintiff or its predecessors in interest, because the subject note and mortgage were invalid because the alleged lender did not exist and did not have the legal right to receive and retain or disburse said funds.
12. Defendant is also entitled to recover from Plaintiff, all costs and attorney’s fees … Thanks, Steve!
Originally posted on Findsen Law:
Bank of America’s Assignment and Blank Endorsement Were Insufficient to Transfer Ownership Interest
Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP v. Nash, Case No. 49-2011-CA-004389, In the Circuit Court of the 18th Judicial Circuit, Seminole County, Florida
The Court finds that:
The Court finds that:
a.) America’s Wholesale Lender, a New York Corporation, the “Lender”,
Specifically named in the mortgage, did not file this action, did not appear at
Trial, and did not Assign any of the interest in the mortgage. ·
b.) The Note and Mortgage are void because the alleged Lender, America’s
Wholesale Lender, stated to be a New York Corporation, was not in fact
incorporated in the year 2005 or subsequently, at any time, by either
View original 518 more words