Veterinarian in First Year of Law School Files Federal Suit against Bank of America, pro se, Alleging Mortgage Fraud

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On October 25, 2013, veterinarian Jennifer Embury filed federal suit against Bank of America in an effort to prevent losing her home and two businesses. The foreclosure sale for her home is set for May 6, 2014.

"I'm so concerned about how the stress and uncertainty of facing homelessness is affecting my husband who is a disabled US Army veteran." Dr. Jennifer Embury

A federal law suit was filed against Bank of America in the United States District Court for the Northern District of Florida, Gainesville Division by veterinarian Jennifer Embury, on October 25, 2013. According to these court documents, Dr. Embury purchased her five acre farm just outside Gainesville in Newberry, Florida just before the economic collapse of 2009. She had recently received a USDA agricultural grant to start a hydroponic nursery operation and also started her mobile veterinary practice, Indigo Farms Veterinary Services. Soon after, the economy was in ruins. Veterinarians were hit especially hard. For the first time in veterinary history, veterinarians lost their jobs and closed their practices. Because so many people lost their jobs due to the failing economy, seeking veterinary attention for their animals became a low priority, which severely impacted the veterinary industry. (Economic Downturn Hits Veterinary Practices, March 11, 2009, VIN News Services

According to court records filed in federal case 1:13-CV-00211-MW, Dr. Embury had obtained her mortgage from Taylor, Bean and Whitaker in Ocala. FL when she purchased the property in March of 2009. Five months later, on August 14, 2009, following an FBI raid and suspension by the Federal Housing Administration from issuing FHA mortgage loans, Taylor, Bean and Whitaker ceased its business operations According to court documents, in 2010, she began receiving notices from Bank of America that they now held the mortgage and she was told to send the mortgage payments to them. Also during this time, she began to fall behind in her mortgage payments as a consequence of the dire economy.

Court documents from case 1:13-CV-00211-MW revealed that Bank of America sent Dr. Embury notices for loan modifications from 2010 to 2013. Dr. Embury complied by sending in the requested documentation and paperwork, only to be told they never received it, couldn’t access it in the computer system, couldn’t find it, or no one was able to speak with her, and they would start the process all over again. Court documents also reflect an assignment of her mortgage from Taylor, Bean and Whitaker Mortgage Corp. was never issued to Bank of America until nearly three years later on June 5, 2012 despite the fact Taylor Bean and Whitaker had ceased operations in August of 2009

According to court records, in October, 2013 Dr. Embury filed the pro se civil action, Embury v Bank of America; 1:13-CV-00211-MW in the United States District Court for the Northern District of Florida, Gainesville Division, for seven causes of action alleging fraud, wrongful foreclosure, and negligence among other claims.

Court documents for case 1:13-CV-00211-MW, reveal that Dr. Embury replied to notices for modification as early as June of 2011 through 2103. These court records document Bank of America sent notices for loan modification applications to Dr. Embury for two years, even though they did not hold title or mortgage to her property at that time. Florida Statutes 701.02, states in part: “An assignment of a mortgage upon real property is not good or effectual in law unless the assignment is contained in a document and is recorded according to law.”

Court records show that in August of 2013, Dr. Embury married her husband William McClure. Court documents also reveal the foreclosure sale for their farm is set for Tuesday, May 6, at 11 am at the Alachua County Courthouse in Gainesville, FL in Case 01:2012 CA 004400, Bank of America v Embury According to court documents in case 1:13-CV-00211-MW , Mr. McClure is a US Army Veteran and suffers from physical and psychological injuries.

Dr. Embury currently attends the Tampa Bay campus of Cooley Law school. Her plans after law school are to practice foreclosure defense in an effort to assist these homeowners in protecting their homes from current business practices that are taking place in this country today. She received her DVM degree in 1998 from the University of Florida’s College of Veterinary Medicine. After completing a residency in Anatomic Pathology, she served as Assistant Professor at UF’s College of Medicine with primary research interests in the pathology of genetically engineered disease. She is the author of numerous peer-reviewed articles and the book A Drink of Water: A Memoir About My Life With Men (published by WestBow Press; Dr. Embury is a scientist, veterinarian and owner of Indigo Farms Veterinary Services who lives on her five-acre farm in Newberry, FL with her husband, Boxers, parrot and turkeys.

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Jennifer E. Embury, DVM

Jennifer E. Embury, DVM
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