MFI-Miami Client Spanks Linda Orlans, Scores Free House From Fannie Maein HPN Blog
Last week, Judge Paul Stutesman of the 45th Circuit Court in Michigan ruled that Fannie Mae lacked the legal standing to evict MFI-Miami client Robin Roberts from her home in Three Rivers, Michigan. It appears Fannie Mae’s attorneys, Orlans Associates failed to disclose to the court that their client had sold the mortgage note to Bank of America before commencing with an eviction in Fannie Mae’s name.
During the case questions arose about how Orlans handled the foreclosure for Bank of America and Fannie Mae because it appears the signature of Orlans attorney, Marshall Isaacs had been forged on the affidavits connected with the Sheriff’s Sale. During the proceedings, Roberts and her attorney, William Maxwell produced a copy of Marshall Isaacs’ mortgage and warranty deed to his primary residence that MFI-Miami obtained from the Oakland County Register of Deeds last year.
These are the affidavits allegedly signed by Marshall Isaacs in the Roberts foreclosure:
Here’s a copy of the warranty deed and mortgage on his home in Farmington Hills, Michigan:
Although Judge Stutesman considered all this in his decision, the actual coup de grâce came when Roberts was informed by the St. Joseph County Treasurer that Bank of America owned her house not Fannie Mae and had been paying the taxes. Therefore, Fannie Mae could not evict her because they were not the proper owner of the property on record at the end of Roberts’ redemption period.
It appears that after being informed that MFI-Miami was doing an investigation into Ms. Roberts’ file by Bank of America, Fannie Mae launched their own internal investigation and presumably found serious flaws in the way Countrywide Home Loans originated and underwrote the file. Fannie Mae then forced Bank of America as successor to Countrywide to buy back the loan. Orlans as the law firm representing both Bank of America and Fannie Mae, failed to record an assignment or a deed from Fannie Mae to Bank of America and proceeded into the eviction stage of the foreclosure representing Fannie Mae as if nothing had happened.
When confronted about the ownership change, Orlans attorney, Elizabeth Messing was forced to admit that Fannie Mae no longer owned the property. After realizing this could be embarrassing for Orlans, Linda Orlans sent one of her top gun attorneys, Timothy Myers to the final hearing who attempted to make the asinine argument that ownership didn’t matter.
Making Myers drive the 3 hours from suburban Detroit to southwest Michigan to make an asinine argument like that was futile because Judge Stutesman dismissed the eviction lawsuit with prejudice meaning Fannie Mae cannot return to court to evict Robin Roberts. The court also ruled that Fannie Mae is liable for Roberts’ legal bill to her attorney, William Maxwell.
Original linkOriginal author: Steve Dibert