To Whom this May Concern,
MSFraud Administrators posted a letter I had written about the Bail Out and LaSalle National Bank as Trustee and OCWEN Federal Bank, which I appreciated.
I was reluctant to give my name since the case was coming up for trial in a few days. Before trial, I obtained a new attorney that understood what was going on. LaSalle as Trustee came to court with NO NOTE,. The only witness was with Ocwen who was not a party to the suit, and they had records which did not give us credit for payments.
Our attorney asked for a Demurer because LaSalle had not proven their case and the Court Sustained it. LaSalle asked for a new trial and it was denied.
In February 2009 the court granted attorney fees to us. This case was filed in March 2004 and has gone on for 5 years. LaSalle has filed a petition in error, and are appealing, so it has not ended yet!
I have heard Oklahoma Judges are starting to look at the whole picture of what is happening in these foreclosures.
Our attorney told the court we do not know who the holder of the alleged note is and LaSalle’s attorney replied "he guessed LaSalle was", then he told the court he worked for "OCWEN". LaSalle Bank's parent company was sold in the fall of 2007 and on January 9, 2009 it was published LaSalle's name was changed to Bank of America.
The holder of the MBS has still never been identified
Main Entry: de·mur·rer
Etymology: Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay
: a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action —compare CONFESSION AND AVOIDANCE
NOTE: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction.