Tonight! Sanctions Against U.S. Bank, N.A. Expected

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It’s not so easy to ascertain the name of the Plaintiff in foreclosure cases, where the Plaintiff is named as “U.S. Bank as trustee for XYZ Trust.” But the sanctions that might be expected in a Florida case are most likely going to be against U.S. Bank N.A., mainly because the alleged trust is not described as a legal entity having been organized and existing under the laws of any jurisdiction.

Depending upon what happens in court, the sanctions could broaden to include the attorneys who claim they represent U.S. Bank, N.A. or the alleged trust (or maybe both). It is unlikely that they have a retainer agreement with either one or for that matter any contact at all.

Charles Marshall is back along with Bill Paatalo to discuss the appalling if not surprising developments in a Florida judicial foreclosure lawsuit, US Bank National Association as Trustee v. Zayas. By appalling we refer to the behavior of the US Bank Trust, not the Judge’s Order to Show Cause, which is a needed cudgel to push more forcefully for U.S. Bank N.A. who  “as trustee” is named Plaintiff in this case.

Bruce Jacobs, Esq. attorney for the homeowner is seeking essential long-sought documents and essential testimony by way of depositions of key executives pertinent to the Plaintiff “Trust’s” case, including Nationstar executives whose servicing of the subject loan has been a not-so-funhouse charade of smoke and mirrors.

Plaintiff’s attorneys in this case have avoided for many months on behalf of their Bank or Trust client providing already overdue documents violating previous discovery time frames and associated orders. The Judge in this case is demanding the production of certain documents, and the scheduling and directing of several depositions of Plaintiff-related executives, including executives from Nationstar. The Judge has scheduled a Show-Cause hearing for July 30, at which Plaintiff must appear to explain and ultimately justify the almost year-long disregarding of a previous discovery order of August 2018.

Charles and Bill will break down further the nuts and bolts of not only the discovery sanctions motion aspects in this case, but implications for homeowners around the country.

See u-s-bank-facing-sanctions-in-miami/

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