Comments

What’s on Their Minds: Pleading Requirements in Foreclosure Cases. To Attach or to Allege, that is the Question. Wells Fargo Bank, N.A. v. Brian T. Horn, et al. — 3 Comments

  1. “Given the current jurisprudence under the Federal Rules of Civil Procedure requiring heightened pleading standards for plaintiffs these days (See, e.g. Bell Atlantic Corp v. Twombly; Ashcroft v. Iqbal), there is a certain irony here in a plaintiff/lender being the party arguing for relaxed pleading standards.”

    Professor………………………………. a very astute observation. As Emeril would say “talk about opening the floodgates”. To relax pleading standards to plaintiffs in foreclosure cases is to step into the shoes of an advocate of what every major scholar on the subject calls a “fatally flawed Business Model’.

    It seems to me that standing once challenged by a party or a court it must be addressed in a forthwith fashion so as not to prolong the needless waste of judicial resources by phantom plaintiffs knowingly participating in a fatally flawed Business Model.

  2. What about the fact most banks have not been able to provide sufficient evidence when a court required it, or the evidence was found to be fraudulent under scrutiny and examination?