A recent decision by Bankruptcy Judge Michael B. Kaplan has revealed an ongoing and fraudulent abuse of the legal process by banks and their legal representatives.
Below is a summary and application of the well-reasoned, clear, and methodical analysis contained in In re Gordon A. Washington (Gordon A. Washington v. Specialized Loan Servicing, LLC, and The Bank of New York Mellon, Case No. 14-14573-TBA, Adv. Pro. No. 14-01319-TBA; US Bankruptcy Court New Jersey District; Decision -November 5, 2014) –
N.J.S.A. § 12A:3-118(a) and N.J.S.A. § 2A:50-56.1(a) and (c), require that a foreclosure Complaint in New Jersey is filed within the six (6) year statute of limitations that commences with the acceleration of the Note, based on the default date.
Banks certainly can count to 6, but nationwide they and their legal representatives have intentionally and systematically used and misused RMBS (Residential Mortgage Backed Securities) as a way to confuse homeowners and the Courts while ignoring the statute of limitations in states that have shorter filing periods.