Legal News

Judge Calls Bank “Dracula” and Bank’s Law Firm, “Renfield,” Dracula’s Servant
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Thursday, King’s County Supreme Court Justice Arthur Schack made scathing comments about how the IndyMac Federal Bank could have initiated a foreclosure on a homeowner, three weeks after the date the bank had legally ceased to exist. The judge said that for IndyMac to have locus standi to foreclose on homeowner Mendel Meisels’ property “would be the legal equivalent of a vampire – the “living dead.””

After comparing the bank to Dracula, the legendary vampire that rose from its coffin to feed on victims, Shack compared the law firm of Fein, Such & Crane to Dracula’s loyal servant Renfield.

The judge said that the law firm, “similar to Renfield, throughout its papers and at oral argument demonstrated its loyalty by not betraying its client and Master, the ‘living dead’ IndyMac Fed.” The law firm can face sanctions for “engaging in frivolous conduct” by bringing a case on behalf of a client that had legally ceased to exist.

  
What
Where


IndyMac was seized by federal authorities in July 2008, and in March 2009, the Federal Deposit Insurance Corp sold IndyMac to OneWest bank. However, in April 2009, lawyers at Fein Such, happily filed a foreclosure case against Meisels who had taken out a mortgage from IndyMac in 2005.

Shack said following a 2009 appellate decision, IndyMac would have legally ceased to exist by the time of the foreclosure and could not be named as a party in the lawsuit. Though Schack dismissed the lawsuit, he said the “correct owner” of Meisels’ mortgage may be allowed to bring a new claim allowing the lawsuit to be resurrected.

While the lawyer handling the case on behalf of Fein Such could not be reached, Derrick Hanna, the lawyer for the homeowner said “proper documentation in compliance with current laws should be the only documents filed in court … The banks have rights, but the consumer homeowner does as well, and the law protects them equally.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

RELEVANT JOBS

Principal, Board Governance Advisor

USA-CA-Newport Beach

 The Principal, Board Governance Advisor is responsible for supporting the Board of Directors o...

Apply now

Attorney

USA-CA-Los Angeles

LA based law firm with multinational practice seeks a Patent Prosecution / IP attorney. 2+ years of ...

Apply now

Paralegal / Legal Assistant I (USAO)

USA-VA-Alexandria

Duties and Responsibilities • provide a variety of direct legal support assistance to the C...

Apply now

Associate Attorney

USA-LA-New Orleans

Greenbaum Breuer and Associates is a high-volume New Orleans, LA based firm that practices exclusive...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Associate Attorney

USA-OR-Portland

Portland office of a BCG Attorney Search Top Ranked Law Firm seeks an associate attorney with 1 year...

Apply Now

Real Estate And Commercial Litigation Attorney

USA-FL-Vero Beach

Vero Beach office of a BCG Attorney Search Top Ranked Law Firm seeks a real estate and commercial li...

Apply Now

Litigation Associate Attorney

USA-CA-San Diego

San Diego office of a BCG Attorney Search Top Ranked Law Firm seeks a litigation associate attorney ...

Apply Now

SEARCH IN ARCHIVE

To Top