Daily Archives: August 26, 2012

BRYLLAW LITIGATION: Virginia homeowner overcomes Wells Fargo’s motion to dismiss in a securitization case

To file a civil complaint, one need only allege a plain and simple statement of facts (without proving those facts), which, if true, would entitle the complainant to some relief (a monetary award, an order declaring the rights of the parties, etc.).

Here is an example of a short and simple statement of ultimate facts (as opposed to legal conclusions) that got a Virginia homeowner past a demurrer (motion to dismiss) by the bank-trustee in a securitized mortgage case.

Because this litigation is ongoing and the clients have chosen to maintain their privacy, only redacted versions of the documents are made available.

The redacted complaint can be accessed here.

The redacted order of the court is here.

Source: Bryllaw Litigation website

Credit card lawsuits replay foreclosure mess

Credit card firms and collection companies are churning out slapdash lawsuits to collect unpaid sums, say exasperated consumer advocates and some judges.

Judges complain that many lawsuits are so lacking in documentation, it’s impossible for them to know who’s right or wrong. Advocates say the companies sometimes victimize card holders by inflating the amounts owed, not giving their targets proper notice, and suing for debts already paid.
“They do get pretty loosey-goosey on documents,” said Frank Cox, the chief magistrate court judge in Cobb County. “When they are contested, most of the time they can’t present sufficient evidence to win the lawsuit.”
The companies defend their practices and accuse consumers and their lawyers of using diversionary tactics and legal loopholes to deprive them of money legitimately owed.

Read on.