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http://stopforeclosurefraud.com/2012/02/22/beaumont-v-bank-of-ne...
CLASS ACTIONS DEPOSITIONS Education Foreclosure Laws by State LPS 101 MERS 101 Securitization 101
Beaumont v. BANK OF NEW YORK MELLON | FL 5DCA BONY failed to prove who lost the note and when it was lost, and produced no evidence of ownership
Posted on22 February 2012. Tags: 5dca, appeals court, Bank of New York Mellon, florida, lost note, Marc D. Beaumont, NovaStar
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http://stopforeclosurefraud.com/2012/02/22/beaumont-v-bank-of-ne...
summary judgment in action alleging wrongful dishonor of letter of credit, where banks did not discover information suggesting fraud until almost one year of discovery). Furthermore, Mellon must prove its right to enforce the note as of the time the summary judgment is entered, even if Beaumont had waived the right to challenge the banks standing as of the date suit was filed. Venture Holdings & Acquis. Group, LLC v. A.I.M. Funding Group, LLC, 75 So. 3d 773 (Fla. 4th DCA 2011). Its failure to do so would require this Court to reverse the summary judgment entered on the note and mortgage, even if judgment had been entered in favor of Mellon. REVERSED. TORPY, PALMER and COHEN, JJ., concur. [1] A negotiable instrument is enforceable by: (1) the holder of the instrument, (2) a nonholder in possession who has the rights of a holder, or (3) a person not in possession of the instrument who is entitled to reestablish a lost, destroyed or stolen instrument pursuant to section 673.3091, or who has paid or accepted a draft by mistake as described in section 673.4181. 673.3011, Fla. Stat. [2] The record contains a copy of an assignment of the note from Novastar to Mellon, but the document was never offered into evidence, by being attached to an affidavit for purposes of authentification. As such, it is not competent evidence of the assignment and cannot be considered in ruling on Mellons motion. See, e.g., Morrison v. U.S. Bank, N.A., 66 So. 3d 387, 387 (Fla. 5th DCA 2011) (reversing summary judgment of foreclosure where defendant asserted she had not received a notice of default as required by mortgage, and bank had simply filed an unauthenticated notice letter).
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2010 SUPREME COURT STATE OF NEW YORK Present: HON. F.... 3. BANK OF NEW YORK MELLON v. FAULK | Capacity, Possession of the fourth page of the note, which includes a blank endorsement Via: Prof. Adam Levitin You have to read Do We... 4. Mortgage Fraud: Bank of America, Bank of New York Mellon, Countrywide Home Loans Servicing, Law Offices of David Stern, Cheryl Samons Mortgage Fraud Bank of America Bank of New York Mellon... 5. NY Appellate Div. 2nd Judicial Dept. U.S. Bank did not submit a written assignment of the noteSubmitted no evidence to establish physical delivery of the note. Decided on November 1, 2011
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2 Responses to Beaumont v. BANK OF NEW YORK MELLON | FL 5DCA BONY failed to prove who lost the note and when it was lost, and produced no evidence of ownership
1.
DANI says: 02/23/2012 at 1:53 pm falks both bank of ny mellon and bank of america are bad news trying to steal people homes truout america all courts must make them prove they own both the mtg and the promissary notes they will use fraud to steal homes.thank god that some judges in america still inforce the laws and make justice base on the evidence thank you brave judges for your good work
2.
PaulR says: 02/23/2012 at 2:39 pm Yayyy! The good guys win for once, and pro se, too! )
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