WOW! Lender Processing Services is up against some BIG TIME players!

According to Naked Capitalism:

The standing Chapter 13 Trustee for the Northern District of Mississippi, Locke Barkley, has joined the case on behalf of herself and of all Chapter 13 Trustees in the US.

and also

The filings were amended to add counsel with class action expertise. On the Federal case, in Mississippi, CaseyGerry has joined the case. The head of the firm, David Casey, is a former president of the Association of Trial Lawyers of America. Cases his firm has handled include Exxon Valdez and the California tobacco case. In other words, this is a heavyweight player. On the Kentucky case, McGowan & Hood, a firm which has won major class actions lawsuits, including medical device cases, has signed up.

Lender-Processing-Services-Federal-Bankruptcy-Suit-Second-Amended-Complaint
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We all have come to know Mr. Wooten for his brilliant, outstanding, incredible job deposing the MERSCORP Executives.

This complaint will chip the concrete, titanium walls these corporations have  shielded behind for quite some time.

From: Brian Davies

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INDEX NO. 16 150-2008
SUPREME COURT – STATE OF NEW YORK
I.A.S. PART 17 – SUFFOLK COUNTY
P R E S E N T :
Hon. PETER H. MAYER
Justice of the Supreme Court

BENEFICIAL HOMEOWNER SERVICE CORPORATION,

v.

TODD L. MASOTTI

In this foreclosure action, the plaintiff filed a summons and complaint on April 24, 2008, which essentially alleges that the defendant-homeowner(s), Todd L. Masotti and Michelle Casey, defaulted in payments with regard to a mortgage, dated September 20,2004, in the principal amount of $311,842.43, for the premises located at 38 Crestwood Lane, Farmingville, New York. Although the plaintiff annexes a power of attorney permitting “LPS Default Solutions, Inc.” to act on its behalf, the affidavit of merit is by an employee of “Lender Processing Services, Inc.” According to the court’s database, a foreclosure settlement conference was held on June 23,2010. The plaintiff now seeks a default order of reference and requests amendment of the caption to remove the “Doe” defendants. The plaintiffs application is denied for the following reasons:

(1) failure to submit evidentiary proof of compliance with the requirements of CPLR 3215(f), including but not limited to a proper affidavit of facts by the plaintiff [or by plaintiffs agent, provided there is proper proof in evidentiary form of such agency relationship], or a complaint verified by the plaintiff and not merely by an attorney or non-party, such as a servicer, who has no personal knowledge; and

(2) failure to submit an affidavit in support, which is in a properly sworn form, as required by CPLR 15 2 3 0 9( b) .

This constitutes the Decision and Order of the Court.
Dated: August 6, 2010

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