Federal Courts Provide Foreclosure Victim A Stay from Eviction! L.A. Homeowner refuses to yield claiming Unlawful Foreclosure!

Federal Courts Provide Foreclosure Victim A Stay from Eviction! L.A. Homeowner refuses to yield claiming Unlawful Foreclosure!

By M Soliman
Submitted by Keith Bloom

A Los Angeles Federal Court heard early arguments by plaintiff’s counsel for a temporary restraining order (TRO) in a suit filed against the lender and defendant Deutsche Bank in an unlawful detainer.

February 10, 2009 / http://www.borrowerhotline.com; Los Angeles, California – A Los Angeles Federal Court has agreed to hear the matter of a wrongful foreclosure in the case of Russell v. Deutsche Bank et al. The news is according to Maher Soliman a Juris Pro™ expert witness and case development analyst to counsel. In reviewing the matter the presiding judge agreed to the request by counsel to issue a TRO after taking the complaint and request for an injunction under consideration.

It’s noteworthy to cite how the defendant in the state UD case attacked the banks standing at the superior court level, and having lost, has now found new life in the federal courts. The federal court heard arguments for overturning the lenders recovery efforts in a foreclosure under the state’s power of sale provision. According to Soliman, “the borrowers file made no sense where audits showed errors, omissions and instances of negligent acceptance. The analysis considered the transfer of interest in the collateral questionable throughout the foreclosure. It is still unclear as to the parties standing and who the holder in due course in the foreclosure is”.

The next step is a hearing and early arguments for issuing an indefinite injunction pending the trial. Counsel for the plaintiff is J Barfield-McCarren. According to information received at press time the temporary restraining order will remain unopposed by the defendant’s in this matter.

MSoliman

Tags: Eviction, federal courts, foreclosure defense, foreclosure offense, injunction, Unlawful Detainer
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