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Another Local Victory for Homeowners

Posted on : January 15, 2016, By:  Michael Aitken

In U.S. Bank National Association, as Trustee for CitiGroup Mortgage Loan Trust 2006-WFHE3, Asset-Backed Pass-Through Certificates, Series 2006- WFHE3 v. Davis and Hunter Davis, Judge Green of the Delaware County Court of Common Pleas,granted the motion of the defendant homeowners, who posited that the plaintiff, mortgage company had not met its burden of proof following the close of its case at trial.  In particular, the defendants challenged the admissibility of the plaintiff’s Act 91 Notice, which must be sent prior to initiating its law suit.  Plaintiff was unable to identify the original source of the Act 91 Notice, and for this reason, the Court concluded it was hearsay.  Also, of particular importance, Judge Green found the plaintiff’s witness not credible, because the witness could not identify which entity purportedly forwarded the Notice.

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