In these appellate opinions, the appellate court repeatedly held that the banks failed to prove that they had standing to foreclose when they failed to prove that they had possession of the indorsed original note at the time the complaint was filed. These were all cases where the foreclosure was sought by a bank that was not the original lender. In most cases, the loans had been repeatedly sold. The threshold question that frequently arose in foreclosure cases was whether the entity seeking to foreclose owned the loan at the time the foreclosure was commenced. In legal terms, the entity seeking to foreclose had to establish that it had standing to foreclose. The easiest way for an entity seeking to foreclose to establish that it owned the note and had the right to foreclose was to attach the original, properly indorsed note to the complaint.
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Unfortunately, our Motion to enjoin the auction was not successful, and the auction took place. However, this may be a Pyrrhic victory for Wells Fargo, as we still have a complaint filed which will need be litigated. Meaning that despite the purported auction, no transfer of possession will take place. We intend on vigorously litigating this matter, and will keep you updated as this case progresses [to the extent allowed by ethical rules]. Hearing is set down for Tuesday July 03, at 9:
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Ordered that the order is affirmed, with costs. In this action to foreclose a mortgage, the defendant Edwin E. Calle hereinafter the defendant moved to vacate a judgment of foreclosure and sale dated June 1, , entered upon his failure to appear or answer the complaint. The Supreme Court denied the motion, and the defendant appeals.