Excerpt:

This matter comes before the Court on Defendant’s Motion to Dismiss based on Plaintiff’s failure to allege in it’s complaint that is is the owner and holder of the subject note…

Continue below…

[ipaper docId=50254939 access_key=key-281caxl7xem2dfmbdo2e height=600 width=600 /]

Deutsche Bank National Trust Company

v.

Steve M. Feck

Excerpt:

Because Plaintiff failed to establish by preponderance of the evidence that it possessed the Note at the time it filed it’s complaint, the Court concludes that it lacks subject matter jurisdiction to adjudicate the rights of the parties and orders the matter dismissed without prejudice as to it’s re-filing.

Continue below…

[ipaper docId=44549597 access_key=key-1ww169yebt2r1scyb5pf height=600 width=600 /]

This may be the first lawsuit from an individual homeowner seeking to undo a completed foreclosure.

I am sure these are lining up as I type…

Keep your eye on Harmon Law Offices, P.C. in Newton Highlands, MA 02461 aka Mark P. Harmon who serves as a director of Law offices of David J. Stern’s “DJSP Enterprises Inc.”

Enjoy!

[ipaper docId=40005374 access_key=key-ar2tlhnlp15p7ysmrmr height=600 width=600 /]