As with any of these cases where a defunct originator is noted, it brings to mind Kuehlman v. Bank of America, NA, 177 So. 3d 1282 – Fla: Dist. Court of Appeals, 5th Dist. 2015 where the court in its decision plainly stated: “Lender’s “investor” (Fannie Mae or Freddie Mac), which was not a party to the contracts, instructed Lender to “pull the plug on” (or “not accept”) the modification.”

More than likely, as Fannie is now (since the bailout) the “financial agent for the United States of America,” and it appears the GSEs are feeding the Treasury with the foreclosure (and insurance?) funds used to prop up Obamacare, Fannie may well be the concealed real party in interest in most cases – and pulling the strings in all aspects of modification and foreclosure.

Attorneys have been asserting and ascertaining Fannie’s real role through motions and discovery which has made for a sticky wicket in Plaintiff’s ballpark.