Monday, August 8, 2011
Anderson v. Burson: Huge Maryland foreclosure case set for Supreme Court 1 Sept 2011 hearing, but is it being heard on the right issues?
The Decision is in, and it's Not Good. The Court used the Anderson's mere acknowledgment that the Morgan Stanley Trust held the note as sufficient under the Shelter Doctrine, and basically awarded standing out of thin air. Disgusting.
Anderson v. Burson, Special Court of Appeals No. 434 (Dec. 22, 2010) -- see issues below the fold). Deutsche can be had, they lost in NH as I've noted. Burson et al. are a known regional f/c mill of the sort that we are dealing with in this recent journal entry "JP Morgan and Shady East Coast law firm Goldbeck Mccafferty Mckeever check in on shady East Coast law firm Phelan, Hallinan & Schmieg."
If a 1099 OID had been produced during discovery with RFP and RFA to make them admit they are NOT the creditor and that homeowner was the issuer, drawer and maker they should have won in Howard Co. Circuit court before it ever went to trial. This case should have been won in discovery in the first month after the fraudulent f/c case was docketed. Subpoena Burson et al. into a depo with about 10 questions under oath and throw in a Motion to Show Cause for good measure, Game Over. Well not necessarily, however as we see in NH Diane Nicolosi and Attorney Shawn Masterson still haven't grasped basic concepts of Civil Procedure.... like standing for Pete's Sake. Given that the homeowner clearly spelled it out and given that there are even Linda Green docs involved you would think it should have been Game Over for Wells Fargo but noooooo...... prompting my Ethics Complaint (para 1) after Attorney Masterson testilied on the record about having the original wet ink note and mortgage. Don't take my word for it though get it straight from the source in this KingCast/Mortgage Movies feature.
One observer asked whey they are focused on Article 3 (negotiable instruments) instead of Article 9 (securities)..... because if they lose then all the disingenuous and palpably unethical foreclosure mills will cite this case every time and make it harder for everyone in MD to bury these crooked cases. Senator Robert Menendez (D-NJ) is looking into these matters while Kelly Ayotte (R/Tea Party Toady - NH does nothing), see para. 4.