Despite this being a case we would have won on the merits, it ended up being another, come-from-behind win, based on evidentiary issues. Despite the Judge initially overruling my numerous objections to evidence coming in through testimony of a non-qualified bank robo-witness, eventually, during my Motion for Involuntary Dismissal, the Judge announced she was reversing all her prior rulings during the trial on certain key pieces of evidence. She ruled that she was instead sustaining my objections, excluding the pay history, acceleration letter and account information statement as the witness, Kevin Gavigan, was not qualified and as a result, my motion was GRANTED – CASE DISMISSED!
This was after the Plaintiff put on their case in chief. I never got a chance to put on our case, which would have proved that this particular client NEVER MISSED A PAYMENT. Yes, that’s right, this client NEVER MISSED A PAYMENT and was sued by Bank of America for a completely manufactured foreclosure.
Going back to 2009, Bank of America started claiming our client did not have the requisite insurance in place. But, he did. In fact, he had more insurance than was required, at all times. BOA wrote our client, numerous times over the years, with these false claims. Each time, our client, an attorney and former state legislator, who was chairman of the banking and finance committee, would respond, sending in proof of coverage. Most times, within a few weeks, BOA would write back saying something to the effect of, ‘whoops, you’re right and you don’t owe us anything.’ However, like Doree in “Finding Nemo,” BOA would exhibit an almost eerily powerful case of amnesia. Within a few months of writing they were wrong, they’d again ask for more money based on the same shenanigans. This went on and on for years. The last time they did this, instead of it ending with BOA sending a “whoops, I’m sorry letter,” they stopped accepting our client’s timely, full payments and filed suit. Because our client continued paying as agreed and because of Bank of America’s complete and utter disregard for the rule of law and justice, the amount ‘in default,” as per their acceleration/pre-suit demand letter, was less than $150! Which, because of subsequent timely, full payments made by our client, was cured numerous times over.