Typical Last Minute Withdrawal OF Deutsch Motion

DEBTOR’S RESPONSE IN OPPOSITION TO DEUTSCHE BANK’S
REQUEST FOR RELIEF OF STAY AND MOTION TO SHOW CAUSE

Glenn E. Holden and Ann M. Holden file their RESPONSE in opposition to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-4, Asset Backed Certificates, Series 2005-4, motion for relief from stay filed on September 29, 2010, and provide the following:
JUDICIAL NOTICE
The Holdens respectfully request this Court take judicial notice of an Assignment of Mortgage that was executed on September 17, 2010, incorporated by reference to Exhibit-A, as there appears to be defalcation in progress and other improprieties before this Honorable Court, which warrant a hearing on the Holden’s Motion to Show Cause why sanctions should not be imposed against the alleged creditor and its counsel.
MEMORANDUM IN SUPPORT TO OPPOSITION
Exhibit A, Mortgage NOTE
This Mortgage NOTE was filed in Deutsche Bank’s Motion For Relief From Stay and Abandonment. This NOTE is neither Signed, and/or endorsed to Deutsche Bank.
The documents filed in this Bankruptcy Court indicate a transfer of the NOTE and the Security Agreement from MERS, as nominee for NovaStar Mortgage INC., to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4. NovaStar Mortage Inc., ceased operations in 2007. The Mortgage Assignment that was filed in this Motion state that MERS, acting as Nominee for NovaStar Mortgage Inc., was executed on September 17, 2010. This date of execution is 3 years after NovaStar Mortgage Inc., ceased operations.
The wording within the document that was filed in the Bankruptcy Court, purport that MERS has
the legal authority to transfer a Note and the Security Agreement. MERS does not the legal authority to transfer something that they do not have, which is the Note.

MERS is not a Holder and/or Owner of the Note, and MERS is not listed on the Note, EXHIBIT A.
The Chain of transfer and/or Assignment of the Note is not properly reflected in Public Records, i., e., the executed Assignment of MORTAGE, DATED: September 17, 2010, EXHIBIT B.
It appears that there has been an assumption that the mortgage assignment also assigns the Note. The Note has not been transferred or assigned.
Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 lacks standing to pursue this Motion from Relief of Stay, as they are not a Real Party in Interest, due to an improper Chain of transfer and/or Assignment of the Note to establish this entity as Holder in Due Course.

6. Exhibit B, States that Wanda Chapman, VP of MERS, signed the ASSIGNMENT OF MORTGAGE. Wanda Chapman is a JP Morgan Chase employee, as Operations Unit Manager.
A division of JP Morgan Chase is the Servicer of record for the Holden’s Mortgage.
Wanda Chapman is an agent of the Assignee, not the Assignor. Therefore, this is at best, a conflict of interest, as she is an employee of JP Morgan Chase, which is the servicing entity for Deutsche Bank, the Movant in this case.
7. October 13, 2010, The Associated Press released this statement from JP Morgan Chase.
JP Morgan Exits Electronic Mortgage Tracking System
NEW YORK–JP Morgan Chase’s CEO says the bank has stopped using the electronic mortgage tracking system used by major financial institutions. Lawyers have argued in court proceedings that the system is unable to accurately prove ownership of mortgages. JP Morgan Chase & Co. and other banks have suspended some foreclosures following allegations of paperwork problems in thousands of cases. JP Morgan’s CEO, Jamie Dimon made the announcement in a conference call Wednesday to discuss the bank’s quarterly earnings.
The Mortgage Electronic Registration System, or MERS, acts as a trading house for millions of mortgages. Lawyers for homeowners say the system lacks the required paper trail to prove mortgage ownership in foreclosure proceedings.
8. There is no evidence that MERS, as Nominee for NovaStar Mortgage Inc., ever assigned the underlying promissory Note to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4. In fact, the evidence seems to show that Deutsche Bank has no interest in the subject property, and has no standing to bring this Motion.
9. The Debtor(s) Glenn and Ann Holden, would be injured if the Motion were granted because Deutsche Bank is seeking Relief From Stay, and Abandonment on the Holdens residence. As such, the Holdens have standing to oppose this Motion.
Wherefore, the debtor(s) Glenn and Ann Holden pray this Motion be Denied.
DATED October__2010

Glenn E. Holden Ann M. Holden
___________________ __________________
Certificate Of Service
This is to certify that a true and accurate copy of the foregoing RESPONSE was served via Overnight Mail, postage prepaid on October__2010;
Stacey A. O’Staffy
Holly N. Wolf
Manley Deas Kochalski, LLC
P.O. Box 165028
Columbus, Ohio 4316-5028

November 16, 2010-The eve of the Hearing on the Motion For Relief From Stay, Deutsche filed a Motion for Withdrawal of their Motion For Relief From Stay.

November 17, 2010-NO HEARING was heard on the scheduled Hearing on the Motion For Relief From Stay.

November 20, 2010-We received a letter from our attorney forwarded from Chase, dated, November 05, 2010. This letter asks that our attorney give his permission for Chase to talk to us directly about a Reaffirmation, or to state our intentions on our property.

HOW do we fight this? HOW?

25 Responses

  1. Update June 24, 2014
    Deutsche has appealed the appellate court’s ruling. We are now in The Ohio Supreme Court.

  2. Update
    Holden v Deutsche
    http://www.MSFRAUD.org
    Front Page

  3. I filed Pro Se on my Tennessee BK, CH 7. Definately filed “for the House” situation. Our Lender did exactly as the Holdens did. Last Minute Withdrawal 1 DAY before meeting to Show Proof.
    We were with Home Loan Services, First Franklin. Loan is now owned by Bank of America. I’m at a stand still as what my next move should be. Adversary in BK Court, or Civil in State? If I do State Court can I use the withdrawal of claim against them?

    I did list my home 3X as unsecured, balance -Unknown, in Joe Doe, First Franklin, & Home Loan Services. All 3 with same acct# (basically claiming I had no idea what name they were using at the time, or whom owned it?)

    Our Chapter 7 Trustee is the one who went after their Motion for Relief From Stay and Abandonment with his Objection.

    Thank You for any input,
    So in over my head,
    Kimber

  4. Glenn E. Holden and Ann M. Holden file their RESPONSE in opposition to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-4, Asset Backed Certificates, Series 2005-4, motion

    DO You have this case please? I would like to read it

  5. Hello:

    I would like to obatin information on Wanda Chapman mentioned in exhibit B of this case. I want to compare her signature with one I have in my files to see if we have some fraud here. I am a private Investigator ion the Los Angeles area. (888) 392-2238

  6. b davies

    You know the route.

  7. If chapter 7 unsecured–and there is no poc or motion for relief, you will need to do adversary. Either have the trustee abandon the claim, but if you do and adversary in chapter 7 they will do a motion to dismiss because as a 7 you have no standing.

    You may consider doing a 13, then the adversary, then the discharge. This way all must file poc and you can fight them all.

    I AM AT THAT POINT NOW.

    i GOT THEM TO NOT SHOW AND THEY MISSED THE HEARING WHEREBY ONEWEST BANK MOVANT AND ONEWEST BANK MOVANT AS SERVICING AGENT BOTH WERE DENIED THEIR MOTION.

    NOW WORKING ON THE SUPOENAS AND GETTING READY TO FILE 13 WITH THE ADVERSARY.

  8. Please take note of the date of the letter from Chase – Nov. 5th – even though you didn’t receive it until weeks later. The DB motion to withdraw was dated Nov. 16th. So the Chase request may or may not still be in play.

    What should you do?

    As a pro se defendent myself, I would fight them to the point where they are backed into a corner (which you are already doing)… then file for quiet title. But of course I am not an attorney so this is not legal advise!

  9. Bart, of Massachusetts:
    Good work on Harmon Law Offices, Do you know anything about the Robo signer Teacey O’Brien Moore, who signes for U.S. Bank/ Barclay capital Real Estate, HomEq servicing, and others, I live in Massachusetts and have been fighting HomEq / now Ocwen loan Servicing for three years. you can email me if you wisk. Tomuchbull61@yahoo.com
    Mark

  10. Reaffirmation? Not likely, tell them to go pound sand.

  11. Cheryl,

    If the only reason for the BK is the house, the house debt is disputed. It would definiitely be looked upon as unsecured. But I think that the documentation mess may now have clouded the issue of whether these parties can even lay claim to the now unsecured debt. The current parties can not provide documents to do ANYTHING.

    There would also be issues of offsets for fraud and other damages.

    Then the strategy, if I’m not mistaken, is to dismiss the BK and file the quiet title action in state court.

    I could be wrong, but that is what I understand someone else is doing.

  12. I believe if loan becomes unsecured it is not paid in full. It has to be declared void or nullity through court to be paid in full.

  13. Stanley Putra,

    Absolutely. Many of these mortgage loans – particularly refinances – were never refinances at all. They were simply a “Debt modification” of your prior loan – which was never paid off. Thus – unsecured – indeed.

    Investigators should be tracing all documents of prior loans to current loan. Guaranteed – documents are not in order – and missing.

    And, how did they do this??? Insurance fraud – and fraud in the refinance.

    And, title companies were complicit.

    Wild instruments – Neil?? Absolutely.

  14. I like the idea of a Quiet title action but if the debt is turned to unsecured, the house would be listed as an asset? If the Bankruptcy was strictly for your home, you have got them. Of course if you are reasonable, put your needs first. Don’t be crucified for our sake. A win is a win 1% interest for 50 years. This makes them look good if you don’t go for too much principal. and just this an end to this BS. No more waking up every day, now you can smell the roses.
    Stan
    Racine WI

  15. Dear Mr. and Mrs. Holden,

    I am wondering which BK you filed, it sounds you did a chapter 7. If that is the case you may ask for a deferral of discharge, that way the stay remains in place until you make up your mind as to what to do.

    If JP Morgan Chase has no standing and all their documents were fabricated you have two choices either go for the kill and you will most likely prevail or Negotiate. However by negotiating you are also giving the enemy a leg to stand on.

    If you are on chapter seven, once it discharged the note becomes void and the lien becomes an orphan lien technically speaking. I hope you listed john doe’s creditors.

    As you all can see, if you do not challenge them they will continue coming to court with fake documents. Their lawyers know this. This is how corrupt and criminal these practitioners are.

    An action to quiet title is in order. I also hope you may still be able to amend your filing to reflect the loan as unsecured. You are almost about to cross over. Just be very careful. A reaffirmation agreement at this point to me as a borrower ( this is not legal advice but a personal opinion), not the best thing. This bankers are terrified of sanctions and legal precedent. You may have the chance to change the legal playing field in your state and set a precedent for thousands of your neighbors, and citizens of your state. May god bless every step you guys take and I pray today for your success and victory that is soon to come.

    Remember these individuals and companies could care less about you and your loved ones, they are having a nice thanks giving dinners while planning to make you another homeless statistic

  16. Chase has nothing to do with your mortgage. You have proven that Deutche Bank has no standing. Chase is the servicer for Deutche Bank on a note that was proven that Deutche Bank has no standing. By default Chase cannot renegotiate the terms of your note but they will tell you they can. Do not fall into this trap. Your recourse is to file a Quite Title Action immediately. Dave Krieger is a good source for information regarding Quite Title Actions. If you need further assistance in this please let me know.

  17. Massachusetts and “anywhere else” if you have “assignments” from MERS to “any predender lender” please take note that anything signed by a Francis J. Nolan VP or an Andrew S Harmon VP are both fraud. These are direct employee’s of Harmon Law offices and “family member’s” of Harmon Law .The Harmon’s have been up to fraud for a very long time.

  18. To the Holdens,
    I have the exact pool as you Deutsch Bank, Soundview Trust, Nova Star, everything is the same.My assignment was done in May 2010 and was done by a Chase employee also. Chase is my servicer. I would love to hear more from you and your case, I’m in Wisconsin and have been fighting with all these charcters for 2 years and believe in keeping up the fight.What these companys have done to the people of this country is be on wrong.
    Let me know,

  19. Happy Thanksgiving everyone !!!

    The Market Ticker – We Were All Raped: Close The Big Banks
    Today, November 25, 2010, 3 hours ago | genesisGo to full article

    I’d say “I told you so”, but this isn’t exactly news…. what is news is that despite these rulings and admissions – including intentionally covering up bid-rigging – these institutions are not under indictment for Racketeering and closed down.

    In an 11th-floor federal courtroom in Manhattan on a gray September afternoon, a banker stood with a somber face and admitted to rigging bids for contracts to invest bond proceeds and then lying about it — as part of the biggest criminal conspiracy in the history of the 198-year-old municipal finance market.

    When a group of people get together and conspire to rob banks (the old-fashioned way) or sell drugs, we break up the ring, confiscate everything they have, and if there are “legitimate” businesses used as cover for the scam, we confiscate that too.

    But not here. And this is not “small potatoes” either:

    By mid-1999, Murphy and Campbell were joined by two former First Union colleagues, Jay Saunders and Dean Pinard. Within three years, the small group made more in revenue for Bank of America than its corporate derivatives unit. Pinard knew Image well. After graduating from Villanova University, he went to work at Wheat First Securities Inc. in Philadelphia with two bankers who later joined Image, broker registration records show.

    So once again I ask: Since this was such a material part of the firm’s revenue, why is it that the government has not seized this institution and shut it down?
    Can someone explain how this doesn’t fit within the definition of “Operating a continuing criminal enterprise”, otherwise known as Racketeering?

    Read the full article:

    http://www.bloomberg.com/news/2010-11-24/bankers-rigging-municipal-contract-bids-admit-to-lying-to-cover-up-tracks.html

  20. http://foreclosureblues.wordpress.com/2010/11/25/fannie-mae-restarts-foreclosure-sales/

    Fannie Mae restarts foreclosure sales

    by Kim Miller

    foreclosure_saleMortgage giant Fannie Mae sent a memo to brokers late last night letting them know it’s OK to restart some sales of foreclosed properties.

    While lockouts and evictions are still on hold for foreclosures serviced by GMAC, Bank of America, JP Morgan Chase, One West Bank and Sovereign Bank, brokers were told to proceed with scheduling and holding closings of Fannie Mae owned properties.

    The closings have been on hold since September when it was revealed that foreclosure documents may have been handled improperly by major lenders and servicers.

    “Please reach out to all buyers that have been awaiting closing to ensure that they can now move forward” the memo reads. “They may reschedule to an earlier date if needed. It is possible that their loan and/or closing files will need to be updated before their closing can be scheduled.”

    It was unclear Thursday whether Fannie Mae has reviewed all of its REOs and decided there were no fraudulent documents filed in the foreclosure cases. Surely that would have been tens of thousands of cases, at least, that would have had to be reviewed. Also, Fannie was one of David J. Stern’s largest clients. It removed its foreclosures from the firm’s care earlier this month and put them on hold. Also unknown Thursday was whether cases handled by Stern are back on the market.

    Fannie’s memo goes onto say that brokers should contact buyers who chose to walk away from their contracts to determine if they are still interested in buying the property.

    “Over the next week, impacted properties will be removed from their current ‘Unable to Market’ status in AMN and will again be available to market. Please proceed with all normal marketing activities per our Sales Guidelines,” the memo said.

    Meanwhile, Bloomberg is reporting that Bank of America and GMAC have agreed to halt foreclosures in Maine pending internal reviews.

  21. Watch the video from Dylan Ratigan show featuring Macy Kaptur- SHE IS SO RIGHT ON !! SHE DEFINATELY “GETS IT”.

    Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge
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    Fraudclosure – Marcy Kaptur on Dylan Ratigan, Inside the Country’s Mortgage Mess

    Posted by Foreclosure Fraud on November 25, 2010 · 4 Comments
    Click Through to View

    These video clips keep getting better and better…
    Be sure to watch it in its entirety…

    http://4closurefraud.org/2010/11/25/fraudclosure-marcy-kaptur-on-dylan-ratigan-inside-the-countrys-mortgage-mess/

  22. SAME OLD FRAUD. DEUTCHE BANK FILED A ASSIGNMENT OF DEED OF TRUST STATING MERS IS NOMINEE FOR NEW CENTURY MORTGAGE IN 2008.HOWEVER NEW CENTURY
    MORTGAGE CEASED DOING BUSINESS IN 2007.

    IT TIME FOR A MILLION HOMEOWNER MARCH
    FOR OUR RIGHTS… COME ON PEOPLE LETS DO THIS NOW***** WITH THE FRAUD LAWS THEY TYRING TO PASS WE MY NOT HAVE ANOTHER CHANCE******* LETS DO THIS**********

  23. To The Holdens
    Chase want to talk abouit a settlement and for you to reaffirm your mortgage (Renegotiate you mortgage). Now it is your chance to ask for the moon.
    You may want to hire a negotiator to sit in. You can ask that your mortgage be marked paid in full with no tax consequences. What happened with Mers is your loan becomes unsecured like a credit card debt and you own it free and clear. You have caught their attention because they DO NOT want to be sanctioned. Watch out for any 2nd mortgages or liens that may remain. You want free and clear. Naybe ask for a Quiet title.
    Any questions contact me.
    Stan
    Wis

  24. Check this site for correct way to file BK petition.

    I would file a quiet title action in state court with no federal claims and let someone come forth proven clean title. Obviously they can’t. When title is awarded to you then other parties are unsecured on the note which would be dischargable in bk court if they can prove the claim. Not sure anyone would want to once title is free and clear. It would only attached liabilities for potential damages to you.

    Mike

    Ps not an attorney- yada, yada, yada

    Check with your attorney and state laws.

  25. I am not an attorney but I really think your attorney should be planning on filing an action on your part instead of just defensive responses. Has your attorney said anything about filing an adversarial action?

    I believe that much of what was claimed as the defense to the lift of stay would be grounds to cite in an adversarial action.

    I hope that your attorney had you list the mortgage as UNSECURED debt. I don’t know if it is too late to ammend your filing if not already claimed as unsecured debt, but that is what you need to be claiming.

    You do not want to reaffirm a loan that appears to be an unsecured debt, instead of a properly secured debt.

    Since you are being asked to possibly reaffirm, I suspect the fiing did not list the mortgage as unsecured debt.

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