Sunday, February 6, 2011

NJ Court slams Wells Fargo in Wells Fargo v. Sandra Ford; Ohio was first in Wells Fargo v. Jordan, will NH be next with Jeanne Ingress case?


Here is Wells Fargo v. Sandra Ford, enjoy today's feature presentation.
On appeal, defendant argues that (1) Wells Fargo failed to establish that it is the holder of the negotiable note she gave to Argent and therefore lacks standing to pursue this foreclosure action; (2) even if Wells Fargo is the holder of the note, it failed to establish that it is a holder in due course and therefore, the trial court erred in concluding that Wells Fargo is not subject to the defenses asserted by defendant based on Argent’s alleged predatory and fraudulent acts in connection with execution of the mortgage and note; and (3) even if Wells Fargo is a holder in due course, it still would be subject to certain defenses and statutory claimdefendant asserted in her answer and counterclaim.