ONEWEST-DEUTSCH BANK RELATIONSHIP SCUTTLED BY FACTS AND ORDER DENYING MLS

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary

LIVINGLIES-GARFIELD CONTINUUM BLOG

EDITOR’S NOTE: ALL LAWYERS and ALL LITIGANTS should study these documents — all of them. Reyes is the guy in charge of asset acquisition, a fancy name for being in charge of the “trustee” functions of Deutsch Bank for securitized pools. Interesting that Deutsch doesn’t use its trust department for this function. If there really was a trust and the trustee was a real trustee, why would they put it in “asset acquisition?” The answer, as I have reported earlier, is that Reyes admits that Deutsch has nothing to do with anything and that the fiduciary functions of the Trustee are IN FACT carried out by the servicer, ONE WEST, which has ultimate decision making authority — except that they don’t.

So here is what you are left with: a Trustee that claims no power or obligation, a servicer that has no power or obligation and investors and homeowners left out in the cold. Davies nailed them on this.

LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

ONEWEST BANK FSB AND ONEWEST BANK FSB AS SERVICING AGENT FOR DEUTSCHE BANK DENIED MOTION FOR RELIEF FROM STAY.

MOTION DENIED.;

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 in Riverside California Superior Court Randall White denied an Ex Parte TRO due to it not being an emergency.

Three rounds of discovery did not produce any loan level files from NDEX, ONEWEST, MERS, UNIVERSAL AMERICAN MORTGAGE, LENNAR, THE APPRAISER JAMES J SCARCELLA, AND DEUTSCHE BANK AS TRUSTEE.

Brian had to file a bankruptcy complaint to save his home and prevent the sale. Onewest as movant filed a motion for relief from stay. Brian Objected and filed copies of such to the Office of the Comptroller of the Currency. (the OCC let Onewest answer his complaint against Deutsche Bank {wolf watching the hen house]).

THE OBJECTION TO ONEWEST THE SERVICER FOR THEIR MOTION 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 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 November 18, 2010 at the hearing 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:

NDEX WEST AS COLLECTING AGENT AND ATTORNEY FAT BOY ED TREDER AND MASUMI PATEL REPRESENTING ALL PARTIES BLOCKED ALL DISCOVERY ATTEMPTS

NDEX LETTERS TO PLAINTIFF–ALL–Letters Patel All 06-24-10

UNIVERSAL AMERICAN MORTGAGE LENNAR’S SUBSIDIARY WAS ORIGINATOR, BUILDER PREFERRED LENDERS, TRUSTEE OF THE DEED OF TRUST, SERVICING AGENT AND THE MONOPOLY LIST GOES ON AND ON.

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 FOR RECORDS IN THE BANKRUPTCY HEARING

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

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

8 Responses

  1. I truly hope the judge gets so pissed he declares the enemy in contempt and dismisses the case with prejudice, sanctions the lawyers and sets ruling precedent.

    crooks a thousand cuts would be too nice for you BANKERS and your criminal lawyers!!!!

  2. Thanks davies!

  3. Go Rin No Sho
    宮本 武蔵
    Miyamoto Musashi

    Miyamoto Musashi
    (c. 1584–June 13 d. 1645–May 19)
    also known as Shinmen Takezō, Miyamoto Bennosuke,
    or by his Buddhist name Niten Dōraku
    was a famous Japanese samurai,
    and is considered by many
    to have been one of the most
    skilled swordsmen in history.

    Musashi, as he is often simply known,
    became legendary through his outstanding swordsmanship
    in numerous duels, even from a very young age.
    He is the founder of the Hyōhō Niten Ichi-ryū
    or Niten- ryū style of swordsmanship
    and the author of

    The Book of Five Rings,

    A book on Strategy, Tactics, and Philosophy
    that is still studied today.

    “Know your enemy, know his sword.”

    “Perceive that which cannot be seen with the eye.”

    “You win battles by knowing the enemy’s timing, and
    using a timing which the enemy does not expect.”

    Here is a brief summary of some of the tactics presented:

    ♦ Know the Times – Put yourself in a position to observe the spirit of the enemy’s men. Recognize their strategy, strengths and weaknesses, and act in an unexpected manner.

    ♦ Know Collapse – Recognize when the enemy is off-balance and weakening, and finish them decisively, lest they recover and learn from their mistakes.

    ♦ Become the Enemy – Imagine yourself in the enemy’s position.

    ♦ Release Four Hands – When facing off against an enemy with the same spirit at an impasse, you must win through an unexpected alternative.

    ♦ Move the Shade – When you are unable to discern the enemy’s position, feign a strong attack to make them reveal their resources.

    ♦ Pass On – Just as a yawn is passed on from person to person, so do we mirror each other. Assume the posture you want the enemy to adopt, and strike accordingly when it is passed on.
    ♦ Frighten – Intimidation can make a small force seem large.

    ♦ Soak in – When in a position where you cannot advance, entangle yourself with the enemy.

    ♦ Injure the Corners – Attack the corners of the enemy force to cause collapse.

    ♦ Throw into Confusion – Attack with varied techniques to upset the enemy’s rhythm.

    ♦ Penetrate the Depths – Superficial victory is not enough. You must crush the enemy to the depths of his spirit.

    ♦ Rat’s Head, Ox’s Neck – When stuck, interchange your focus on small and large. Get fresh perspective.

  4. EVERYONE SHOULD LOOK AT THE DEED OF TRUST INSTRUMENT FOR CONFLICTS OF INTEREST. IN MY CASE LENDER WAS BUILDER SUBSIDIARY UNIVERSAL AMERICAN MORTGAGE OF CALIFORIA, THE TRUSTEE WAS UNIVERSAL AMERICAN MORTGAGE COMPANY LLC THE PARENT OF THE FORMER AND SUBSIDIARY OF THE BUILDER. NOW THE NOMINEE MERS WAS AN AGENT OF THE ORIGINATOR. DOES ANYONE THINK THIS IS NOT CONFLICT? THIS MONOPOLY ALLOWED FRAUD TO OCCUR. THROW IN MERS AND A HOMEOWNER HAS NO CHANCE. NOW PUT THE JUDGES WHO GET ELECTED BY MONEY FROM THESE SAME PLAYERS AND THEIR ATTORNIES.

    THE TITLE AND ESCROW IN MY CASE—OWNED
    THE INSURANCE OWNED.
    KICK BACK FROM A MELLO ROOS TAX $12,000 PER LOT.
    UNDERWRITING DESIGNATED TO UNIVERSAL AMERICAN MORTGAGE.
    TABLE FUNING DONE BY WAREHOUSE COLONIAL BANK WHO WAS JUST PUT OUT OF BUSINESS AND THE WAREHOUSE LINE MANAGERS CHARGED WITH FRUD.
    THE ALLEDGED SECOND BUYER OF SERVICING AND THE NOTE WAS OPTEUM FINANCIAL. THIS GROUP IS THE ONE ON SEC FILES THAT HAD THE COLONIAL BANK WAREHOUSE LINE. THERE IS AN EXTRA YIELD SPREAD PREMIUM TO UNIVERSAL.
    UNIVERSAL SUPPLIED THE INSURANCE WHICH NAMED THEM THE BENEFICIARY.
    UNIVERSAL USED REAL ESTATE AGENT AND CALLED THEM LOAN ADVISORS. THAT CAUSE THE CALIFORNIA CORPORATION TO LAUGH WHEN I ASKED WHO REGULATED LOAN ADVISORS.
    LENNAR, THEIR LENDERS UNIVERSAL HAD MEETINGS TO PUSH THE LOANS TO CLOSE.
    THESE MEETINGS I HAVE DOCUMENTED AND THEY STARTED WITH FANCY FOOD AND ENDED A FEW MONTHS LATER WITH STALE DOUGHTNUTS AND THEN NOTHING.
    TITLE AND ESCROW WAS LENNAR.

    THE APPRAISER WAS THE ONLY OUTSIDER. AS A LOAN ADVISOR STATED TO ME ” OUT OF THE 70% STEERED LOANS I USED JUST A FEW APPRAISERS. WHEN ASKED WHY?????
    “THEY ALWAYS CAME IN AT THE PRICE I NEEDED!!!”

    http://www.scribd.com/doc/43649480/Conflict-of-Interest-in-the-Deed-of-Trust-The-Trustee

    CRUEL HOPE

    http://www.scribd.com/doc/26461646/Cruel-Hope-the-stories-of-predatory-lending-lennar-universal-american-mortgage-company

  5. Awesome work b davies!

    Putting all your work up on scribd has been very helpful to me in that you show what an aggressive approach looks like. Self-represented litigants can only have a chance at winning if the actual work that they do is substantially the same or better than that of a “competent attorney”*.

    Davies work shows the sheer volume of filings that are necessary to keep multiple layers of attack and defense going. A couple of QWRs and an edited complaint copied from LL isnt going to cut it past the initial stages.

    The only advantage ProSe have is that they can afford their billable hour rate. Mr. Davies has obviously put in the one (or two or three) thousand hours to get to where he is.

    I hope I can get there too.

    * competency in this fast changing and complex area of litigation is a whole discussion in itself

  6. b davies…NIIIICE JOB!!!!!
    fwiw-the link to-MASUMI PATEL LETTERS BLOCKING ALL FORMS OF DISCOVERY-iscribe comes back with “500 internal sever error”
    ..no all question & request for doc “overly broad ” &”burdensome”.HA ..WTF
    prison would be much more succinct & quite easy… please pick up that soap!

  7. MASUMI PATEL LETTERS BLOCKING ALL FORMS OF DISCOVERY

    http://www.scribd.com/doc/42848458/NDEX-LETTERS-TO-PLAINTIFF-ALL-Letters-Patel-All-06-24-10

  8. The state court case has 6 demurrers. The lies were obvious. Here is the reply to the MERS demurrer and Attorney Masumi Patels Reply to the Oppostion. The state court Judge Randall White simply does not have a clue to these arguments. Therefore these attorney documents are full of misrepresentation.

    THANKS TO JAN VAN ECK FOR HIS HELP TO MYSELF AND TO MANY OTHERS. HE IS A GREAT MAN IN THIS FIGHT.

    Second Amended Complaint–

    MERS OPPOSTIONS TO SECOND AMENDED COMPLAINT

    http://www.scribd.com/doc/40916341/Demurrer-Opposition-MERS-Plt-Opp-Mers-07-13-10

    PLAINTIFF’S OPPOSITION TO THE MERS DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT.

    http://www.scribd.com/doc/40916341/Demurrer-Opposition-MERS-Plt-Opp-Mers-07-13-10

    MERS REPLY TO PLAINTIFF’S OPPOSITION TO MERS DEMURRER TO PLAINTIFF;S SECOND AMENDED COMPLAINT.

    http://www.scribd.com/doc/40794280/Mers-Reply-to-Oppositon-to-Demurrer-to-Sac

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