Balderrama- A HUGE Bankruptcy Case From Middle District of Florida!

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Permalink Reply by Arpad on July 2, 2011 at 11:31am

http://www.constructionlawtoday.com/2009/11/fdic-loan-sales-its-goo...

 

Lets start with this good read....

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Permalink Reply by Randye on July 2, 2011 at 2:55pm

Nice read, but doesn't apply to much except FDIC, (D'Oench, Duhme Doctrine)

Securitized home loans are a little different matter, and the borower is not *nearly* as defenseless against HIDC claims as the author of that article would have you believe.

 

The Balderama case offers hope in that the court clearly is suspicious of these *blank allonges* and has agreed to demand that the plaintiff proffer clear evidence of their provenance.

THAT is the important point to take away from Balderama. A point that I'm afraid some are missing.

If the plaintiff, Deutsche Bank, cannot, or will not, provide indisputable evidence of the authenticity of those *blank allonges* then they are obviously in trouble in this case.

 

If they, (Deutsche), attempt to proffer fraudlent evidence to authenticate the allonges, they

are digging their own grave in this matter as the U.S. Trustee is obviously quite ready to microscope examine each and every document provided by the plaintiff.

Either way this goes, I think it portends well for defendants with blank allonges offered by the plaintiff as evidence in their cases. 

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