Friday, June 21, 2013

WELLS FARGO V. HORWITZ.PROPERTY RIGHTS LAW GROUP

See Wells Fargo v. Horwitz, 12 CH 00069 (Circuit Court of Cook County, Rooney, J.), order of 2/5/13. In this case, the lender was The Home Loan Center. In 2012, Wells Fargo foreclosed, basing its claim on an “assignment” in 2007 from itself to itself. (You read that correctly.) On February 5, 2013, Property Rights Law Group defeated Wells Fargo’s motion for summary
judgment by arguing that Wells Fargo has no standing to foreclose, because the “assignment” is obviously absurd and worthless . Now Wells Fargo does not want to admit defeat, but its only remaining option short of a trial (that it would lose) is to file a motion to dismiss. But that is even less likely to succeed, because a motion to dismiss will be granted only if Property Rights Law Group has failed to state any legal claim, and Property Rights Law Group obviously has stated a good one. Wells Fargo’s attorneys can drag this case out for years, but Mr. Horwitz is secure in his home.

www.propertyrightslawgrp.com

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