EXPERT SERVICES

Ms. McDonnell has been praised for her investigative skills and for her unique ability to reduce arcane concepts and unfathomable fact patterns to the simple truth. As one attorney recently put it: “The expert affidavit of Marie McDonnell is exhaustive in its detail and research. It makes the complex simple.” 

Ms. McDonnell’s skills, specialized knowledge, experience, education, and training with respect to the origination, servicing, secondary market sales, and securitization of both residential and commercial mortgage loans are unparalleled. Here are a few topical examples from our case studies:

Fraud on the Court

Wells Fargo Bank, as Trustee v. Thomas J. Juza, et al.

In the State of Wisconsin Circuit Court, Branch VIII, Brown County, Wisconsin, Case No. 09 CV 1909

• July 8, 2016: Submitted an expert affidavit in support of a motion to vacate the Court’s Order and Judgment of Foreclosure granted on February 5, 2010, due to my discovery that Plaintiff had perpetrated a fraud upon the court.
• February 6, 2017: Testified at an evidentiary hearing on behalf of Defendants.
• June 21, 2017: Court Order granting Defendants’ Motion to Vacate Judgment of Foreclosure and voiding a $900,000.00 Mortgage.
• June 25, 2019: Court of Appeals of Wisconsin, District Three, affirmed the Trial Judge’s rulings.

Fraudulent Transfer of Lien

Wolf v. Wells Fargo Bank, N.A., et al.

In the District Court of Harris County, Texas (Houston), 151st Judicial District – Cause No. 2011-36476

• January 18, 2013: Court approved Marie McDonnell as Plaintiffs’ testifying expert.
• May 1, 2013: Court approved Plaintiffs’ Motion for Class Certification.
• August 24, 2014: Order Granting Class Certification Reversed and Remanded on Appeal in the Fourteenth Court of Appeals, 14-13-00435-CV.
• November 4-6, 2015: Trial on the Merits; Marie McDonnell testified as Plaintiffs’ expert.
• November 10, 2015: Jury Verdict: $5.38 million for Plaintiffs David and Mary Ellen Wolf.

Bait and Switch Scheme

David Collins, et al. v. Paul Financial, LLC, et al.

In the Superior Court of California, County of Los Angeles, Burbank Courthouse, CA, Case No. EC062680.

• Testified at a Prove-Up Hearing on October 25, 2016.
• Submitted a Declaration in support of Plaintiff’s Damages on November 10, 2016.
• Submitted a Declaration in support of Plaintiff’s Amended Proposed Order on February 24, 2017.
• On April 25, 2017, the Court issued an order declaring the note and deed of trust unenforceable against defendants and awarding plaintiffs $10,702,421.71 in damages.

Foreclosure and Eviction Defense

CitiMortgage, Inc. v. Peter W. Kueth and Eva-Maria Kueth, et al.

In The Circuit Court Of The First Judicial Circuit, Okaloosa County, Florida, Civil Action No. 2009-CA-000505-S

• March 14, 2019: Deposition taken by Plaintiff.
• January 7, 2020: Attended a summary judgment Hearing one day before trial. The Honorable William F. Stone granted Defendants’ motion for summary judgment which settled the matter after eleven (11) years of litigation.

Forensic Title Examination

21st Mortgage Corporation v. Linda C. Nichols; Duncan K. Robertson, et al.

In the Superior Court of the State of Washington for King County, Case No. 14-2-20431-1 SEA

• March 3, 2016: Wrote a Preliminary Research Memorandum tracing the ownership history and recorded chain of title to the underlying first mortgage loan which was the subject of the underlying foreclosure litigation.
• September 30 & October 4, 2021: Testified at Trial on behalf of Defendant, Duncan K. Robertson.
• October 5, 2021: Jury verdict in favor of Defendant, Duncan K. Robertson. The jury found that the allonges (endorsements) were not affixed to the original Adjustable Rate Note at the time of the commencement of the judicial foreclosure on July 24, 2014.

Bankruptcy Adversary Proceedings

In RE: James V. Morphis and Amber E. Morphis

United States Bankruptcy Court Eastern District of Texas (Sherman) Bankruptcy Petition #: 17-42561.

United States Bankruptcy Court Eastern District of Texas (Sherman) Adversary Proceeding #: 18-04007.

• February 28, 2019: Submitted an expert Affidavit.
• June 7, 2019: Testified at a deposition taken by Defendant.
• April 29, 2020: Researched and wrote a confidential expert report that revealed Bank of America, N.A. had cancelled the mortgage debt in the amount of $1,826,111.90 and had issued a 1099-C Cancellation of Debt to the IRS.
• August 21, 2020: The Adversary Proceeding was settled favorably to Mr. and Mrs. Morphis.