Tag Archives: right to foreclosure

Bank of America Slammed For Pursuing Nonexistent Debt and Filing False Foreclosure: Judgment for Borrower $204,000

Goodin v Bank of America N.A.

(with many thanks to J. Larry Nemec who forwarded this to me).

A Jacksonville federal judge has issued a sharp critique of Bank of America in a case involving a Jacksonville couple where the bank mishandled court filings and began a years-long process of trying to collect a non-existent debt and falsely filing for foreclosure.

Bank of America ruined their retirement, Deborah and Ronald Goodin testified, and it may have ruined their marriage, too.

The Goodins, like many American families, made a bad business decision just as the Great Recession began. By 2009, they filed for bankruptcy. They never missed a payment into a bankruptcy trust that was supposed to take care of their mortgage.

But then a year after taxpayers gave Bank of America a $45 billion bailout, that bank took over the mortgage from another lender in August 2009, and Bank of America, which handles trillions of dollars of deposits, failed to file a routine legal motion that would give it access to the bankruptcy trust.

BOA like the other banks is in pursuit of foreclosures for many reasons. They have no right to foreclosure and the real creditor is being blocked out of the equation. The so-called investor doesn’t even know the foreclosure was filed. And they are contractually stopped from even inquiring, just as the Trustees of the REMIC Trusts don’t know anything, don’t have anything and are not allowed to do anything or ask anything.

The plain truth is that BOA and other banks are pursuing foreclosures not because they are the lender or a successor to a lender or even an authorized representative of the real creditor. They are actually using the illusion of a default and foreclosure to cover up the fact that they are really suing for themselves — even if they are not the lender, the successor or authorized representatives. They are getting title to homes in which they have no investment.

SO THE FREE HOUSE IS GOING TO BOA AND OTHER BANKS, NOT THE BORROWER.

ORDERED:

1. Bank of America’s Motion to Amend Pleadings is DENIED.

2. The Court intends to enter judgment in favor of Plaintiffs Ronald and Deborah Goodin and against Bank of America in the amount of $204,000 once attorneys’ fees have been decided. The Goodins have until July 15, 2015 to file a motion for attorneys’ fees and costs, and Bank of America has until August 10, 2015 to respond.

DONE AND ORDERED

23 June 2015 Timothy J Corrigan Goodin v Bank of America Jacksonville Florida

Reference Info:Federal, 11th Circuit, Florida | United States