Author Archives: jfenello

Today it’s official.  Shuping, Morse & Ross, the law firm who had attempted to foreclose on our home, was released from the suit as agreed to by mutual assent of the parties.  Now it’s just the Bank of America and … Continue reading →

Now that I’ve had a chance to review Bank of America and Mellon Bank’s joint Motion to Dismiss, I need to work on my reply.  Since most of my allegations have previously been made by other litigants, my research begins … Continue reading →

While I’ve found great research supporting most of my case in the PACER system, Cause of Action #10 is still lacking.  The law firm that I contracted with in India responded that they couldn’t find any case law to support … Continue reading →

Well, it took a little while and a little effort, but today I finished my response to the banks’ Motion to Dismiss.  You can see a copy here.  I’ve also moved all of the major filings to an easy-to-access directory … Continue reading →

Today I received another response from the banks, this one to counter my response to their Motion to Dismiss.  What I find unbelievable is, that they are arguing over points that directly contradict written documentation that they sent to us … Continue reading →

Can Bank of America foreclose on a homeowner, without showing any evidence that their client actually owns the promissory note? Yesterday was the deadline to file responses to the Defendants’ Motion to Dismiss, and that is the question that I … Continue reading →

Yesterday, I received a new motion from Bank of America whereby they have asked the court to strike our latest response.  According to their “Motion to Strike,” our most recent filing was “procedurally improper” and “without merit.” This is despite … Continue reading →

After doing a little research, it looks like a surreply is simply a reply to a reply.  And while it’s not specifically allowed, it’s not automatically disallowed either.  In other words, it’s up to the judge to decide whether to … Continue reading →

After waiting in limbo for over three months, the judge has finally issued his first ruling in the Fenello vs Bank of America lawsuit. The good news is, we’re still waiting for a decision on the only issue that matters:  … Continue reading →

Well, it took a little over 8 months, but we finally heard back on the defendants’ Motion to Dismiss.  Of the 13 Causes of Action in our original lawsuit, the Judge dismissed 12 of them.  While not the best results … Continue reading →