1 How do I handle the non existence of the original lender (New Century was among the first to dissolve) and is sufficiently dissolved now that they cannot be found to be served? Ie – discovery, information as to securitization, excuse as to loss of original note… do I dismiss them as a party? Absolutely not. Pull up your title record and if they were the only “lender” on record, you send in copies of your notice of rescission, QWR etc. with your complaint to quiet title and simply say they are the only people on record, the title is only subject to their claim and they are not around to make it. Make sure they are properly served by publication and then take a default.
2 How do I respond to the foreclosing servicers response of “non monetary interest and appearance” instead of answering the complaint? Not sure what that means.
3 How do I capitalize on the “King County effect” where the attorney (Pite, Duncan, LLP in San Diego) is representing Saxon, MERS and Deutsche in this matter and the verification that has come back is from the same VP who has the same exact address for all three parties? Very simple: First a motion to strike because the documents are invalid on their face. Second, file a motion for the attorney to produce authority or file an affidavit proving authority to represent. That could be enough for him to exit the case. It has before.
Filed under: CDO, CORRUPTION, Eviction, foreclosure, GTC | Honor, MODIFICATION, Mortgage, Obama, securities fraud | Tagged: borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, rescission, securitization, trustee |
To the attorney who has New Century involvement with origination and did the Motion to Consolidate post…
The New Century BKR up in Delaware is still ongoing.
I sent the QWR to the trustee and to the attorneys representing New Century.
Next I’ve done an AP or adversary proceeding…fairly recently.
My late filed POC was approved.
Go after them in their own back yard.
There is still lots going on in their BKR case.
I am not an attorney and not offering legal services.
http://www.scribd.com/doc/28122285/Motion-for-Evidentuary-Hearing-Notice-of-Date-and-Time
MOTION FOR EVIDENTUARY HEARING IN CALIFORNIA
Discovery progress in California.
Motion to compel
http://www.scribd.com/doc/28060260/Motion-to-Compel-Ndex-West-Llc-3-4-10-UAMC-DBNTC-ONEWEST-BANK-FSB-2923-5-2924-2932-5
In a motion to compel one must file a statement if the other side responded. There is a 45 day limit or one looses its rights. If there are all objections the filing of the extra documents are necessary as part of the motion to compel.
Statements for admissions, production of documents, and interrogatories.
http://www.scribd.com/doc/28118212/Onewest-Bank-UAMC-DEUTSCHE-BANK-NDEX-WEST-LLC-Separtate-Statements-for-Motion-to-Compel-Interrogatories-Production-of-Documents-And-Admissions
We need to be agressive in our fight or they will run us over.
brian davies
IN RESPONSE TO NON MONETARY STATUS.
It is a way that the new trustee that will be substituted into the record is not a necessary party to the legal proceedings.
http://www.scribd.com/doc/28121689/Davies-vs-Ndex-Objection-to-Filing-of-Non-Monetary-Status-CC-2924-c-1-4-2010-ndex-west-llc-dbntc-onewest-bank
In regards to the same party representing all the clients on may object.
http://www.scribd.com/doc/27901742/CONFLICT-OF-INTERESTS-MERS-DBNTC-ONEWEST-BANK-UAMC-UAMC-LLC-NDEX-WEST-LLCObjections-to-Attorney-Representing-4-Defendants-With-Different-Interes
Hello, great post. Can I file a suit in state court on TILA and RESPA violations? Do I file a wrongful foreclosure action against the lender in State court?
thank you
ps. when will you have a workshop in LA, RIV, SB, SD cournties?
FYI New Century Mortgage is in Chpt 11 BKR in Delaware. Judge Kevin Carey. I was able to get a hearing with him on an emergency motion to stay eviction. He felt Calif. courts was where I should direct ‘stay of eviction’. I had based it on the fact that
HOME123–a VP there by the name of Nagy–had signed a Corporate Assignment of Deed, after New Century BKR filing on April 2, 2007. AND there was backdating on the document to make it conform to the NOD.
Anyways, what Judge Carey did order, per my requests, that the opposing attorney (for New Century) produce the original note for me and answers to my QWRs. I consider that a win!!
We will see what I get back.
Anyways, whoever is going after New Century–check with attorneys as you might be able to file an ‘adversarial action’ in their Chpt 11 case.
I believe their Chpt 11 plan has been approved fairly recently.
NOTE: I am not an attorney. I am just conveying my experiences.
If jury trial denied one case, any idea how best to request district court move jurisdiction of it to another district court who is pending decision on demand for jury trial upon being able to ‘show cause’ or triable issues? This goes to two homes that were tied together by cross collateralization, but one of the homes had two first mortgages, one of which was tied to both homes.
Unlawful Detainer:
– An eviction lawsuit
– The illegal possession of land by one whose original possession was legal
– The unjustified possession of real estate without the consent of the owner or other proper person
Dan Edstrom
dmedstrom@hotmail.com
great great post. A) I have a loan that has been sold for times. B)Orginal lender on loan docs and recorded with county is out of business. C) Have not been served yet in over 6 months in FLorida D) Lost note on docs I have seen online QUESTIONS-how do i file recession against a company that no longer exists, do I do this certifed mail? do i do this to the current servicer? or do i sue the first lender, that is out of business?
what does UD stand for or mean?