RECENT FORECLOSURE VICTORIES
See below for appeal victories, foreclosures dismissed, judgments vacated, and loans modified.
These individuals have used the services of our Franchiser (eDiscovery Solutions, Inc.)
While there is no guarantee that similar results can be achieved in your case you won't know unless you try.
Willie J. Smith, Jr. v. Bank of America, N.A
Civil Action No.: 1:13-cv-0317-SCJ, U.S. District Court for the Northern District of Georgia, Atlanta Division; Enter eDiscovery Solutions, LLC to file an Injunction to Stop Foreclosure Sale GRANTED; Case referred for MEDIATION; Bank of America, N.A., agreed to principal reduction of $138,000.00 with loan modification.
Rosemary R. Furrer-Bryant v. The Bank of New York Mellon
fka The Bank of New York, As Trustee for the Certificate holders of the CWABS, Inc. Asset-Backed Certificates, Series 2004-7; Case No.: 2012-CV-4539, Div: 14, District Court, Jefferson County, Colorado; Enter eDiscovery Solutions, LLC to file a Motion to Stay Foreclosure Proceedings GRANTED; case referred for MEDIATION; Bank of America, as servicer for The Bank of New York, agreed to principal reduction of $56,195.27, with loan modification.
Valerie Jamison v. PNC Bank, N.A
Civil Action No.: 3:13-cv-AWT, U.S. District Court for the District of Connecticut (New Haven); Enter eDiscovery Solutions, LLC to file a Motion for Temporary Injunction to stop foreclosure sale GRANTED; Proceedings STAYED until further ORDER of the Court.
Wells Fargo, N.A. v. Jessica Lewis
Case No.: 0818-00525, December 2008; Court of Common Pleas of Philadelphia County, First Judicial District of Pennsylvania, Civil Trial Division, M. Covin; Enter eDiscovery Solutions, LLC to file a Motion to Reopen Judgment GRANTED; CASE REMANDED FOR MEDIATION; Hearing to be held on October 29, 2013 @ 10:00AM, in Courtroom 675, City Hall, Philadelphia, PA, by Judge Leon W. Tucker.
CitiMortgage, Inc. v. Alicia Esquivel Calderon
Case No.: 25-2012-CA-000024, In the Circuit Court of the Tenth Judicial Circuit in and For Hardee County, Florida; NOTICE OF VOLUNTARY DISMISSAL AND RELASE OF LIS PENDENS; Enter eDiscovery Solutions, LLC; Case referred for MEDIATION; Loan Modification GRANTED with reduction of principal and interest.
Reginald and Jamela Mitchell v. Deutsche Bank National Trust
as Indenture Trustee for Accredited Mortgage Loan Trust 2004-1; Case No.13-CV-0304-WSD-GGB; United States District Court for the Northern District of Georgia-Atlanta Division; Complaint for Wrongful Foreclosure Dismissed with Prejudice on Magistrate Judge Gerrilyn G. Brill's Report and Recommendation; Enter eDiscovery Solutions, LLC on October 23, 2013; December 11, 2013: LOAN MODIFICATION GRANTED! Select Portfolio Servicing, Inc. agreed to loan modification without need for protracted litigation
Wells Fargo Bank v. Bertha Butler, et. al
Wells Fargo Bank, National Association, As Trustee for the Holders of the First Franklin Mortgage Loan Trust 2006-FF17 Mortgage Pass-Through Certificates, Series 2006-FF17 v. Bertha Butler, et. al., Case No. 16-2011-CA-5395 FC-D, In the Circuit Court of the Fourth Judicial Circuit In And For Duval County, Florida; Foreclosure Sale occurred on March 11, 2014; Subsequently, eDiscovery Solutions, LLC assisted Defendant in filing a "Motion to Rescind Foreclosure Sale" citing Florida law that "foreclosures are equitable proceedings under Florida law and settlements between litigants are favored." See, Wells Fargo Bank, N.A. as Trustee v. Lupica, 35 FLWD 1256 (Fla. 5th DCA 2010). On March 20, 2014, a foreclosure judge GRANTED the motion and the foreclosure sale was RESCINDED!
Raymond James v. U.S. Bank National Association
as Trustee for the Certificateholders of the CSFB Mortgage Securities Adjustable Rate Mortgage Trust 2005-5, Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 2005-5; Enter eDiscovery Solutions, LLC on September 19, 2013; January 2, 2014, LOAN MODIFICATION GRANTED! Bank of America, N.A. agreed to loan modification without engaging in protracted litigation.
In Re Mae Carrol Phelps
Imminent foreclosure pending; Enter A. Johnson & Associates, LLC on November 1, 2013; Enter eDiscovery Solutions, LLC; On January 16, 2014, LOAN MODIFICATION GRANTED under the FHA Home Affordable Modification Program (FHA HAMP).
CACH, LLC v. Debra Joseph
Civil Action No. 2013-SV-1657, In The State Court of Rockdale County, State of Georgia; CACH, LLC had originally sued Defendant on thousands of dollars of medical debt. Defendant disputed the debt under the auspices of the FDCPA and requested the name and address of the origional creditor, as well as a copy of the original contract executed, whether in paper format or electronically metastasized. CACH, LLC failed to produce any original contract to prove Defendant had incurred the debt. Enter eDiscovery Solutions, LLC to assist Defendant and filed an FTC Affidavit and requested CACH, LLC to cease and desist collection of the debt and dismiss the lawsuit. On February 25, 2014, CACH, LLC filed a 'DISMISSAL" of the case.
LaSalle Bank National Association v. Angela Brenetta Jones Thompson
LaSalle Bank National Association, As Trustee, Under the Trust Agreement for the Structured Asset Investment Loan Trust, Series 200408 v. Angela Brenetta Jones Thompson, et. al., Case No.: 05-64-CA, Div. A., In the Circuit Court, Fourth Judicial Circuit, In and For Nassau County, Florida; Enter eDiscovery Solutions, LLC to file a Motion for Injunctive Relief to Cancel Foreclosure Sale GRANTED; Foreclosure sale scheduled for August 30, 2012 CANCELLED; Hearing on Injunctive Relief GRANTED; Lis Pendens.
Deutsche Bank National Trust Company v. Candia V. Williams
Deutsche Bank National Trust Company, As Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-W3 v. Candia V. Williams; Case No.: 2011-CA-001937, In the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida; Enter eDiscovery Solutions, LLC to ascertain an ORDER GRANTING MOTION TO CANCEL FORECLOSURE SALE SET FOR OCTOBER 30, 2012; VACATE FINAL JUDGMENT OF MORTGAGE FORECLOSURE ENTERED ON JULY 26, 2012; DISMISS ACTION WITHOUT PREJUDICE; DISSOLVE LIS PENDENS AND RELEASE ORIGINAL DOCUMENTS
The Bank of New York Mellon v. Kesiena Tony
The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2006-6, Plaintiff, v. Kesiena Tony, Defendant (Aylin Taylor Tenant); Case No. 2012-CA-001634; In the 4th Judicial Circuit in and for Duval County, Florida.
This was a case that illuminated the importance of the Protecting Tenants at Foreclosure Act of 2009, Pub. L. No. 111-22, Section 701-703, 123 Stat. 1632 (2009) ("the Act"). A Writ of Possession and Sheriff's Notice of Eviction was posted on Tenant's door! Tenant contacted eDiscvoery Solutions, Inc. for a solution. We found, using database ediscovery, that while the Fourth Judicial Circuit had no guidance on the protocol to extend the overreaching and paternalistic application of the Act, the Eleventh Judicial Circuit, with Administrative Order No. 09-09 A1, Paragraph 5, read that "...[t]he courts SHALL NOT issue writs of possession in foreclosure actions involving homestead or non-homestead residential properties without evidence that all parties involved in such action have been properly served, notice of a hearing has been provided, and a hearing held is held before the court." Using this directive, Tenant filed an "EMERGENCY MOTION TO RESCIND THE WRIT OF POSSESSION". The Court GRANTED the motion! A hearing was held where the Court denied that Tenant was a "bona fide" tenant under the Act. However, Tenant appealed that decision. Since an appeal was filed, the Court and counsel agreed that the Writ of Possession and Eviction should be STAYED pending resolution of the issue on appeal! Tenant has effectively stopped an eviction, which would have metastasized in 24 hours of the sheriff's posting on her door, and now has an opportunity to remain in her home during the duration of the appeal and until the lease expires under the Act!
The Bank of New York Mellon v. Beatrice McGlone
The Bank of New York Mellon fka The Bank of New York, As Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-23 v. Beatrice McGlone, Case No. 2013-002380, In The Court of Common Pleas of Delaware County; Complaint in Foreclosure filed on March 18, 2013; Enter eDiscovery Solutions, LLC to assist Defendant and filed an ANSWER on April 15, 2013 along with Request for Admissions-Interrogatories/Request for Production of Documents to Include Load Files with Metadata/ESI Interrogatories/Expert Witness Interrogatories; Simultaneously, Defendant had engaged in private negotiations with the Pennsylvania Housing Finance Agency in efforts to facilitate a resolution; Subsequently, Plaintiff filed a Motion for Summary Judgment in Foreclosure against Defendant; Defendant filed a Motion in Opposition to Summary Judgment citing negotiations on a resolution with the PA Housing Finance Agency; On March 12, 2014, Commons Pleas Court Judge James F. Proud, GRANTED Defendant's Motion in Opposition to Summary Judgment; Subsequently, Defendant received a loan modification through NOVATION with the PA Housing Finance Agency.
The Bank of New York Mellon v. Lorraine G. Worrell
The Bank of New York Mellon f/k/a the Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-56, Mortgage Pass-Through Certificates, Series 2005-56, v. Lorraine G. Worrell, Defendant (Sophal Kol, Tenant); Case No. 2009-CA-017600; In The 4th Judicial Circuit in and for Duval County, Florida.
Again, this is a case that will punctuate the importance of the Protecting Tenants at Foreclosure Act. Defendant retained eDiscovery Solutions, Inc. to conduct database discovery on how to stop an imminent eviction from metastasizing in 24 hours. We utilized the same strategy for Defendant and Tenant in this case as we did for the Taylor Tenant case above. Using database eDiscovery, an emergency motion was filed because the Court did not hold a hearing before the issuance of a Writ of Possession. Again, the Court held a hearing on whether the Tenant was a "bona fide" Tenant under the Act. The Court declared that Tenant was not a "bona fide" Tenant under the Act. That is not important. What is important is that Tenant is now on appeal and while pending disposition of the appeal, she is allow to remain in her home until the appeal is exhausted, effectively extinguishing the execution of the Writ of Possession and Eviction!