In December 2013, our firm was retained to investigate the possibility of an appealing a foreclosure final judgment. In reviewing the trial transcript, we were of the opinion that the trial court had made numerous evidentiary errors, which included the admission of an acceleration letter dated January 2009, as opposed to the acceleration letter dated June 2008 (which would have been untimely and resulted in an involuntary dismissal) for which the Bank had been traveling under for the preceding 5 years of litigation.
In addition to the evidentiary issues, our firm also raised the issue of whether the plaintiff ever had standing to proceed with the lawsuit in the first place. Specifically, we argued that there was no evidence introduced showing the note was transferred to the Bank prior to the inception of the lawsuit, that a copy of the note was not attached to the complaint, that the endorsement in blank was undated, and that the pooling and servicing agreement by itself was insufficient to establish standing.
On August 19, 2015, the Fourth District Court of Appeal entered an opinion reversing the final judgment. The Bank did not seek rehearing and the mandate was issued on September 11, 2015. The family continues to reside on the property.
CASE NO. 4D13-4812
BANK ATTORNEY: BAKER DONELSON, P.C.