Another victory for Dallas Foreclosure Defense Attorney in federal court against Bank of America and U.S. Bank National Association

A judge in Eastern District of Texas federal court today issued a report and recommendations that Bank of America and U.S. Bank National Association’s Motion to Dismiss should be denied. Meenu Seth, Dallas/ Fort Worth foreclosure defense attorney filed a lawsuit against Bank of America and U.S. Bank after Bank of America and U.S. Bank foreclosed on homeowners’ property in April 2012. Bank of America and U.S. Bank has started the eviction process against the homeowners when Attorney Meenu Seth filed a lawsuit challenging their authority to foreclose. Attorney Seth successfully stopped the eviction proceedings in Denton County Court by convincing the court that Bank of America and U.S. Bank National did not have the authority to foreclose. The Court stopped the eviction during the pendency of the lawsuit filed by the homeowners.
Bank of America and U.S. Bank transferred the lawsuit to the Federal Court and filed a motion to dismiss. The U.S. Magistrate issued the report and recommendation that Bank of America and U.S. Bank’s Motion to Dismiss should be denied.
In this case, homeowners’ note was securitized and apparently converted into a mortgage-backed security (MBS). The court’s dismissal of the bank’s motion to dismiss- a procedural tactic commonly employed by the big banks- will allow the homeowners to continue their claims for wrongful foreclosure.

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