Bank's Move to Federal Court For Quick Exit Fails
This Opinion is worth studying carefully. (We made the text searchable and you can also cut & paste text.)
Many fail because they did not know what to argue or how. The attorney here appears to have framed his argument with precision in front of an astute judge.
From the Opinion:
"The gravamen of the Drouins' complaint is not that the assignment from Sand Canyon to Wells was invalid (though there are overtones of that as well). Rather, the Drouins' principal grievance is that, even if the assignment was technically "valid," it cannot have served to assign their mortgage to Wells Fargo because Sand Canyon did not hold the mortgage, and could not assign what it did not have."
We also received another file and will add it here later.