We have great news. Our Justice@Home Blog is back up and running wild.
We have lots to do this year, and J@H members have been busy fighting and winning against the bloated banks foreclosure machine.
This Saturday we learned from LaShunda Davis on how she won and is moving into her new home.
Here is an excerpt from Judge Carnes Order that led to Citi Bank settling the case out of Court:
"Accordingly, as it is possible on this record that the defendant did not hold the Note at the time of the foreclosure sale and as there is a difference of opinion as to whether Georgia law requires the foreclosing party to hold the note, the Court DENIES without prejudice defendants' Motion for Summary Judgment [31].
Effective October 9, 2012,8 discovery is reopened for a 60-day period to enable the parties to fully develop the factual record on this point. During discovery, defendant is directed to provide the plaintiff with any documents that would shed light on whether the Note, or a beneficial interest therein, was transferred to Ginnie Mae and when those transactions occurred, including when defendant received back transfer of the Note or of a full beneficial interest. Plaintiff may depose a Rule 30(b)(6) witness who should be in a position to explain all of the above, including explaining what a "beneficial interest" is. To the extent that the computer-generated MERS Milestones Report may not be a reliable indicator of any of these factual matters, this witness, or another appropriate witness, should be made available to explain why." (See entire order.)
On last Wednesday, LaShunda closed on her new home which she now owns "Free and Clear!"
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