Monday, June 20, 2011

BRYLLAW LITIGATION: Deutsche Bank disappears after a challenge

Virginia: Deutsche Bank disappears after homeowner challenged its authority to conduct a non-judicial foreclosure by attacking what appeared to be a fraudulent document styled as a deed of appointment.  AHMSI also claimed to be involved as a "servicer," but just like Deutsche, it could not show sufficient interest in the property to establish itself as a party entitled to appoint a substitute trustee under the Virginia Code.

Our two primary avenues of attack were to challenge (1) the authority of Deutsche to appoint a substitute trustee (the first step in a non-judicial foreclosure) and (2) the ability of Deutsche to show any interest in the property it sought to take.  On both counts, neither Deutsche nor AHMSI was able to produce even a scintilla of evidence that would be sufficient to withstand the challenge.  As a result, the homeowner was able to fight off a bank that ostensibly had nothing to do with the either the original loan or the property.

This is what should be happening in most of such cases, whether you are in a non-judicial state like Virginia or in a judicial state (like, e.g., Florida).

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