Appellate Courts Drilling Down Through the Paper to the REAL TRANSACTION

see DOC080715 Balch v LaSalle Bank Fla. 4th DCA 8-5-15

A court that gets it! Reversed and remand with orders to enter involuntary dismissal! Finally the smoke and mirrors are clearing out. This court has pierced through the paperwork and is asking “how do we know there is any reality to what is stated on the paperwork relied upon by the foreclosing party?” In other words, show me the real transaction, prove the payments. Let’s see if any real transaction ever took place. By raising the issue of INTENT the Court is saying to the banks “we don’t trust you.”

1. “No evidence indicating when the special indorsement in favor of Washington Mutual bank was placed on the note”
2. “Where the Plaintiff contends that its standing to foreclose derives [note the wording “derives” as in derivative] from an endorsement of the note, the plaintiff must show that the endorsement occurred prior to the inception of the lawsuit.”
3. “Assignment is insufficient to establish standing, as the assignment was executed after the complaint was filed”
4. “Evidence that the note was transferred into the Trust prior to the foreclosure action is insufficient by itself to confer standing because there was no evidence that the indorsee had the intent to transfer any interest to the Trustee.”

Posted in Uncategorized |