Initially M&T Bank claimed that they owned the Note which had been lost. M&T's second claim was that they found the Note and owned it by assignment. The bank's third claim was that they did not own the Note, but instead Wells Fargo owned the Note pursuant to an Allonge stamped by First National Bank of Nevada in 2009.
The court concluded that M&T Bank was attempting to commit a fraud upon the court for the following reasons: 1) Their three claims were all inconsistent with one another; 2) the First National Bank of Nevada could not have stamped the Allonge in 2009 because the FDIC had had closed that bank in 2008; and 3) the chain of title on the Allonge and the chain title on the Assignment were inconsistent.
With the overwhelming amount of Florida foreclosure lawsuits currently being filed, it has not been uncommon for the lenders to try to sneak one past the court and the homeowner. If this type of fraud is not challenged by the homeowner it will oftentimes go unnoticed by the overburdened courts. Protect yourself by hiring a Florida Foreclosure Lawyer or Jacksonville Foreclosure Defense Lawyer . A Florida Foreclosure Lawyer will defend you against this and other types of fraud throughout the foreclosure process.
