Brian Davies: in a California Superior Court for a wrongful foreclosure action and fraud

Brian Davies was in a California Superior Court for a wrongful foreclosure action and fraud. Between his Second and Third Amended Complaint NDEX WEST filed to sell his house.
The State Judge denied an Ex Parte TRO due to it not being an emergency. Three rounds of discovery did not produce any loan level files.

Brian had to file a bankruptcy complaint to save his home. Onewest as movant filed a motion for relief from stay. Brian Objected and filed copies to the Office of the comptroller of the currency.

HERE IS MY OBJECTION TO ONEWEST THE SERVICER FOR THEIR MOTION WITHOUT POC MOTIONOTION FOR RELIEF FROM STAY BY ONEWEST. A PARTY NOT EVEN MENTIONED IN THE CHAPTER 7 FILING. HOWEVER, MOVANT ONEWEST COMES INTO THE COURT WITH 1) NO STANDING, 2) FALSIFIED AFFIDAVITS 3) DISCOLORED NOTES NOT COPIES OF THE ORIGINALS 4) SIGNED AFFIDAVITS BY BRIAN BARNHILL THAT ARE INACCURATE 5) DEED OF TRUST THAT IS FAULTY AND NOT PERFECTED 6) A SECOND ASSIGNMENT OF THE DEED OF TRUST WHICH TRIES TO CORRECT SECURITY INTEREST AND TITLE ISSUES.. DEBTOR ASKS FOR SANCTIONS. READ THE ENTIRETY AS IT IS LISTED AS UNSECURED DEBT, ONLY ORIGINATOR IS LISTED.http://www.scribd.com/doc/39002836/ONEWEST-HAS-NO-STANDING-MOTION-FOR-RELIEF-FROM-STAY-WITH-OBJECTIONS

Onewest Bank again filed for another motion for relief using the same documents except listing movant as Onewest Bank servicing agent for Deutsche Bank. Brian filed another objection http://www.scribd.com/doc/41941285/DEBTOT-OBJECTIONS-TO-MOVANT-ONEWEST-MOTION-FOR-RELIEF-FROM-AUTOMATIC-STAY-Objection-Final-11-04-10-OBJECTION-TO-ONEWEST-MOTION-FOR-RELIEF-REDO-MOTION

Today at the hearing in front of Honorable Judge Thomas Donovan of Los Angeles denied the motion for relief. Onewest Bank FSB and Onewest Bank FSB as servicing agent for Deutsche Bank both motions for relief from stay DENIED. Order to follow:

Discovery request to Deutsche Bank—

NDEX LETTERS TO PLAINTIFF–ALL–Letters Patel All 06-24-10
Love letters from the collection agent

UNIVERSAL AMERICAN MORTGAGE DISCOVERY SETS 1 AND 2——-AND ORIGINATION DOCUMENTS FULL

DISCOVERY SET 1 UNIVERSAL AMERICAN MORTGAGE COMPANY OF CALIFORNIA—Uamcc Set Discovery

DISCOVERY SET 2 ORIGINATOR —-Universal American Discovery Part 2–LENNAR LENDER SUBSIDIARY

ORIGINATOR DOCUMENTS ALL—Universal American Docs Full Set

SUPONEAS DEUTSCHE BANK

http://www.scribd.com/doc/43063279/THIRD-PARTY-SUPONEA-IN-FEDERAL-BANKRUPTCY-COURT-Deutsche-Bank-Suponea

DEUTSCHE BANK RESPONSE TO SUPONEA

Deutsche Banks Objection to Third Party Suponea on Deutsche Bank National Trust Company as Trustee–letter From Megan 11-11-2010

MERS SUPONEAS

http://www.scribd.com/doc/43063054/THIRD-PARTY-SUPONEA-IN-THE-BANKRUCTCY-COURT-MERS-MORTGAGE-ELECTRONIC-REGISTRATION-SYSTEMS-INC-suponea-mers

DO IT DONE IT BY JAMES MCGUIRE—FANNIE MAE

Do-Did Fannie Mae–FANNIE MAE TRANSFER OF NOTES SCHEME

DEUTSCHE BANKS ANSWERS TO FORM INTERROGATORIES WITH ADMISSIONS (SECTION 17)

Deutsche Banks Response to Request for Admissions Set 3 Rfa(3)-07!21!10-(Form Int)

RENALDO REYES ANSWER TO INTERROGATORIES

FORM INTERROGATORIES ANSWER DEUTSCHE BANK NATIONAL TRUST COMPANY- Dbntc 07-21-10 Redondo Reyes

ONEWEST ANSWERS TO FORM INTERROGATORIES AND ADMISSIONS

INDYMAC OR ONEWEST RESPONSE TO FORM INTERROGATORIES AND ADMISSIONS SET 3Indymac Form Int Ad(3)

Below is the stone walling in the State Court discovery.

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PRODUCTION REQUEST SET 3

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE REQUEST FOR PRODUCTION OF DOCUMENTS SET 2

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PRODUCTION OF THE DOCUMENTS set 1

I HOPE THAT THIS INFORMATION HELPFUL FOR THOSE WHO WANT TO FIGHT.

BRIAN DAVIES

13 Responses

  1. To Diane,
    Did you have any luck looking in Sacramento?

  2. Fighting Mers in CA – thank you for your support. In fact I made another appointment with Abdallah for today at 1:30 p.m. He is only a BK attny so I am not sure he can help. Ricky Walker filed BK and that is how Abdallah was able to help. Just a fluke.
    Let me know if anyone out there has info on a good attny that can help with this foreclosure mess.
    Thanks every one!!

  3. Diana,

    Sorry to hear that, I didn’t know he was only a BK attorney.

    As far as finding an attorney who can recover a house after foreclosure, as far as I know it hasn’t been done yet. I’m in the same boat as you.

    I’ve had to go ahead and try it Pro Per, because attorneys won’t try it on contingency. And none of them know if it will work, plus there is the risk of Gov. Jerry Brown passing a Ca MERS White Wash Bill.

    Equal Protection (Now I,m venting!!)
    If a consumer tries to deposit a check with someone else’s name on it, without an indorsement, without an assignment, the bank and the courts would reject it. BUT, not if it’s the bank that is trying to pass off the Note. According to the courts, the bank doesn’t even need to present the Note(check). The court trusts the too big to fail and jail banks, but the consumers are guilty until proven innocent in California.

  4. I met with Abdallah. He is a BK attorney and wanted me to filed BK – said he couldn’t help me.

  5. At last we are outsmarting them. Power to ya Brian

  6. Diana,

    Your best shot is to call:
    Mitchell L. Abdallah
    1006 4th Street, 4th floor
    Sacramento, CA 95814
    916 446-1974

    He is the Attorney who won the Rickie Walker case last July. In other words, he stopped the foreclosure and kept the bank from collecting on the debt.

  7. thank you brian davies. Yes it is ugly. I am ashamed to be a California and American Citizen. Our Judicial System is just like a Clint Eastwood Spaghetti Western.

    Hang ‘Em High (1967) trailer

    http://www.youtube.com/watch?v=lKITYu7z-AY&feature=related

    Nothing Changes under the Sun

    NEVER AGAIN.
    OR BLAZING SADDLES

    http://www.youtube.com/watch?v=iLNQv19YpG4

    Watch the part of the land snatching by hedley lamar.

    AMERICA IT IS TIME TO GROW UP.

    ACHTUNG DEAD BEATS

  8. This sounds so UGLY !! I am so SORRY you have to go through this, Brian, but I APPLAUD you for doing it.

    You are leading the way for others and for justice for all.

    Apparently, we the people are still entitled to JUSTICE FOR ALL…though they’ve taken GOD out, the PEOPLE are still in the Pledge of Allegiance and so is LIBERTY and JUSTICE !

    “I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

    We had to put our hands over our hearts and render this oath every day. Some of us grew up to be judges.

    I had to file BK myself. The “system” will eat you alive if you don’t have certain knowledge, and even when you do, they go in for dessert.

    California is HORRID, in my opinion. It is as if we are punished for standing up for JUSTICE, our basic human right…or so it seems.

  9. Hi Brian

    Thank you for posting all of your docs. It’s probably not the 15 mins of fame you wanted in life, but it is important to many of us. I am in a different place than you, but would like to talk if you’re willing. john94404@hotmail.com.

    John

  10. Did Brian file in pro per or does he have an attorney. I lost my home for the same reasons. FRAUD by Aurora Loan Services LLC. The pro-temp judge did not even review my documents and granted in favor of Aurora.The California A.G. Jerry Brown is aware of this and DOES NOTHING. I need a competent attorney in Sacramento, CA. If there is anyone out there who is willing to take my case I will be grateful. Thank you. Every document of mine is robo-signed. I even have a letter from Aurora’s attorney saying I don’t need the note or copies of any electgronically filed docs by them or MERS.

  11. Are more of these items supposed to be links?

    NDEX LETTERS TO PLAINTIFF–ALL–Letters Patel All 06-24-10
    Love letters from the collection agent
    UNIVERSAL AMERICAN MORTGAGE DISCOVERY SETS 1 AND 2——-AND ORIGINATION DOCUMENTS FULL
    DISCOVERY SET 1 UNIVERSAL AMERICAN MORTGAGE COMPANY OF CALIFORNIA—Uamcc Set Discovery
    DISCOVERY SET 2 ORIGINATOR —-Universal American Discovery Part 2–LENNAR LENDER SUBSIDIARY
    ORIGINATOR DOCUMENTS ALL—Universal American Docs Full Set
    SUPONEAS DEUTSCHE BANK
    http://www.scribd.com/doc/43063279/THIRD-PARTY-SUPONEA-IN-FEDERAL-BANKRUPTCY-COURT-Deutsche-Bank-Suponea
    DEUTSCHE BANK RESPONSE TO SUPONEA
    Deutsche Banks Objection to Third Party Suponea on Deutsche Bank National Trust Company as Trustee–letter From Megan 11-11-2010
    MERS SUPONEAS
    http://www.scribd.com/doc/43063054/THIRD-PARTY-SUPONEA-IN-THE-BANKRUCTCY-COURT-MERS-MORTGAGE-ELECTRONIC-REGISTRATION-SYSTEMS-INC-suponea-mers
    DO IT DONE IT BY JAMES MCGUIRE—FANNIE MAE
    Do-Did Fannie Mae–FANNIE MAE TRANSFER OF NOTES SCHEME
    DEUTSCHE BANKS ANSWERS TO FORM INTERROGATORIES WITH ADMISSIONS (SECTION 17)
    Deutsche Banks Response to Request for Admissions Set 3 Rfa(3)-07!21!10-(Form Int)
    RENALDO REYES ANSWER TO INTERROGATORIES
    FORM INTERROGATORIES ANSWER DEUTSCHE BANK NATIONAL TRUST COMPANY- Dbntc 07-21-10 Redondo Reyes
    ONEWEST ANSWERS TO FORM INTERROGATORIES AND ADMISSIONS
    INDYMAC OR ONEWEST RESPONSE TO FORM INTERROGATORIES AND ADMISSIONS SET 3Indymac Form Int Ad(3)
    Below is the stone walling in the State Court discovery.
    DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PRODUCTION REQUEST SET 3
    DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE REQUEST FOR PRODUCTION OF DOCUMENTS SET 2
    DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PRODUCTION OF THE DOCUMENTS set 1

  12. Also, it would be good to order the transcript of the lift-stay hearing and publish it too.

  13. Excellent job, Brian. Now, because the automatic stay generally expires in 60 days (or less) even if not lifted, you should prepare to file a motion to defer discharge, so that the stay remains in place beyond 60 days and does not automatically terminate per the bankruptcy court provisions. Good luck!

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