2009 WA STATE BKR RELIEF FROM STAY DENIED: NO REAL PARTY IN INTEREST, NO STANDING

ONE ON ONE WITH NEIL GARFIELD ONE ON ONE WITH NEIL GARFIELD

COMBO ANALYSIS TITLE AND SECURITIZATION

SEE 01.24.2011 -Brandt-Decision-Relief-from-Stay-w

NOTABLE QUOTES:

Before the Court is a motion for relief from the automatic stay of Sec 362(a) to enforce a deed of trust on the debtor’s residence. As it was neither brought in the name of the real party in interest, nor by anyone with standing, the motion for relief from stay will be DENIED.

Debtors do not explicate how they reach the conclusion, from news stories about the handling of toxic assets in the banking systems of this country and Switzerland, that UBS (or UBS AG, which only claims to service the loan for another holder) was paid an amount approximating the default alleged in the motion. That said, they raise a standing question.

UBS AG has submitted no evidence that it is authroized to act for whomever hols the note. That deficiency puts its standing in question. See IN Re Parrish, 326 B.R. 708, 720 (Bankr. N.D. Ohio 2005), and I have an independent duty to determine whether I have jurisdiction over matters that come before me. FW/PBS, Inc. v City of Dallas, 493 U.S. 215, 231 (1990). I must therefore determine whether UBS AG (or Movant) has standing to seek relief from stay.

Foreclosure agents and servicers do not automatically have standing, In Re Scott 376 B.R. 285, 290 (Bankr. D Idaho 2007): Hwang, 396 at 767, and must show authority to act for the party which does.

[See long discussion of evidence and business records too which is exactly the law in virtually all jurisdictions]



13 Responses

  1. ANONYMOUS, by your comment; you proved my point.

    Everything was a huge plan to ‘fail’, by design.
    Like a programmer who leaves an opening in the code so he can breach the security, they left openings and loopholes in their documents so they could breach them, but in their greed broke protocol and their documents can’t fix that breach.

    I saw things were done by design when the market crashed in 2000. I saw how all the IPO’s occurred around the same time…how employees had stock options that all matured around the same time..how people spent based on the value of their stock options, how all watched the market waiting for the maturity date…how they contacted their brokers to set up their sell on the maturity date, and how the market dropped before they could see a dime.
    (Some options had could only be redeemed if the stock hit a certain price by the maturity date; they ended up being valuable until they were worthless…all the stock dropped below the option price point).

    All those IPOs were staggered entries but had been underwritten with very close or the same mature dates. A lot of them had the same underwriters. There was a lot of money in being first to get in and first to get out.

    I saw how the market did things around the “triple witch” and the “quadruple witch”.
    I saw how just before pay day the market would go up. I saw the media made all kinds of excuses for a bad market day and a good market day.

    Everything is worthless…stocks, 401Ks, retirement plans, IRAs..if you open the books and look, there is ‘no value’…there is nothing like having a fiat currency that ends up giving you a bunch of junk that is zero.

    We need to be like the people in Who-ville, from Dr. Seuss How the Grinch stole Christmas.
    It’s not about what we have individual of each other, it’s about having each other when we have nothing but each other.
    ————————–
    I went to the bank two days ago. Wanted to withdraw $200 cash. Cash is one dollar coin, not fiat paper currency. Both are lawful to spend, but I wanted interest free lawful money from the Mint, not interest-bearing paper from private central bankers. I’ve been doing this for a while, our prices rise but slowly, we have ‘We are Hiring’ signs here. (Somebody has to be part of the solution…might as well be me). Teller says, “we only have 100 dollars in dollar coins” (4 rolls of 25 coins). I say, “okay give me the rest in quarters”. He says, “we dont’ have it. I’ll give you dollar bills”. I said no. “I prefer to spend the coins, and that’s what I’d like to withdraw, so give me the rest in other coins, dimes nickels pennies.” He says, “we know about your habit of spending coins and this is the last time we will do this for you, we’ll give you $100 and that’s it”. So I’m standing there, knowing this is my spiritual brother. The Creator in him is the same Creator in me.

    [Refusing to enter into a controversy with spiritual equal]

    I tell him, “I forgive you. I forgive you for being a bank and unable to give me 200 dollars.” He says “you don’t have to forgive me. I haven’t done anything that requires forgiveness I didn’t do nothing to you.” I repeated. “I forgive you for being a bank and unable to give me 200 dollars.” He gets loud…other customers are listening. I told him, “all I’m asking for is 200 dollars of my money and as a bank you’re telling me you can’t give it to me, and the bank will ask ‘how would you like your money’, and I always say in $1 coins, so I forgive you for being a bank and unable to give me 200 dollars.”
    The customer next to me was getting $200+ dollars, got them in FRNs and was waiting on 16 cents to come out of a coin dispenser next to me. He’s overhearing the conversation, and the coin dispenser did not dispense the 16 cents. He sounds nervous, he say “You know, just keep it…credit my account and I’ll get it the next time I come in.” The teller is saying, “I don’t know what’s wrong with the machine. Just wait. It’ll come out.” It was about 30 more agonizing seconds and the coins dispensed. So the teller I’m dealing with said he’ll be back, and came back with 200 dollars in one dollar coins…I politely thanked him and left.

    We are coming to the end of class, and it’s graduation time. Some will repeat the class. I love you, unconditionally.

    This video discussing the Fed..some profanity, as their form of expression. Your discretion.
    http://www.youtube.com/watch?v=wpmlHTeVG9A&feature=player_embedded

    Light and Love

  2. CA BK – Walker v Citibank

    http://gingolaw.com/BANKRUPTCY.aspx

    OBJECTIONS TO PROOF OF CLAIM:

    U.S. TRUSTEE COMPLAINT AND MOTIONS TO CHALLENGE NOTE:

  3. trespass unwanted

    Those writings — especially PSAs — are deeply flawed — or foreclosure attorneys documents are deeply flawed. They do not work — do not legally mesh — and MA court was first to acknowledge this.

  4. zurenarrh,
    It’s really that bad. How much has been spent fighting? Who benefits in every angle of commerce.

    Attorneys, (when they graduate, judges)

    They wrote the PSA’s, wrote the wording on the Notes, wording in the Deeds, write the security agreements of corporations, the employee agreements of companies, the power of attorney documents the robo-signers used to be vice presidents of companies, they write the laws, the adjudicate the laws, as judges, they’ll administer your ‘estate’ and bankrupt you if you ask them to, they file the foreclosures, they fight the foreclosures, they investigate the fraud foreclosures, they represent ‘computers’ in court. They wrote the bills for the bail outs for the banks, they write the prospectus for the stock holders, they were the Trustees of the trusts that held no mortgages. They are the Trustees holding the titles to all the mortgages in America. They hold Presidential offices, and are in Congress and the Senate. They operate in all three branches of government, they are in your County (County Attorney) and that’s not a Republic form of government, they are in your State.

    They’ll keep coming until stopped or the trough is dry.

    Light and Love,
    Trespass Unwanted, alive, allodial, corporeal, life, free, freeman, live born, born alive, whole blood, adult

  5. Trespass,
    I have had the same thoughts about the damn “computer.” The “computer” decides everything and of course, you can’t reason with a computer. As Matt Taibbi said in his “Invasion of The Home Snatchers” article:

    “The moral angle to the foreclosure crisis…shows a culture that is slowly giving in to a futuristic nightmare ideology of computerized greed and unchecked financial violence. The monster in the foreclosure crisis has no face and no brain.”

    Like I’ve sued MERS–but now that I think about it, MERS is a friggin’ computer! I sent requests for admissions and interrogatories and requests for production TO A COMPUTER. And of course MERS has no employees–IT’S A COMPUTER. How can a computer have employees? As Taibbi said, it’s a monster with no face and no brain.

  6. ian,

    Yeah — but BK courts are tougher — they have to be.

  7. Ron,
    Yes, it has to be assigned.

    If you look in your county records, instead of look up Deed of Trust, look up Assignment and you will see examples of bank assignments. What that does is, in a public record search when a name is searched as Grantor, another name shows up as Grantee, either way. The Assignment allows the county to ‘swap’ names so to speak for the underlying document, so the ‘new name’ has the same authority as the old name, but instead of both having the authority, you can see a change of ownership has taken place.

    It’s not until that ‘change of ownership’ (ie standing) is established that anyone has a right to execute the provisions within the Deed of Trust..one of those provisions being a power of sale and/or foreclosure.

    The Florida Attorney General, for all the work he did in his presentation showing all the document fraud, he only stated one issue as a Key problem. He said, the key problem is the Assignments. He goes on to show all the ways, those without the assignment had tried to and succeeded in tricking the courts into thinking they had a right to foreclose. Since the PSA says where the assignment of the mortgage has to be at any given time, if that has not occurred, no one has standing to foreclose and only the note holder has a ‘right to sue’ for the debt.

    I had said from the beginning it was all about the title, and someone wrote a book about Clouded Titles, and the Florida AG for the 50 state AG pretty much said the Assignment is the problem and that’s the only one who has a right to have the title and who has a right to foreclose on that title to the property.

    NO Assignment, then they sure don’t have the title, and no title, then they haven’t proved they have a right to the title with no assignment.

    If they end up with a title from a fraud foreclosure, it is still encumbered. That’s why the Massachusetts case was so important. Stealing a home via a fraud foreclosure doesn’t clean the title and the title insurance company won’t insure a home as if it has a clean title when it doesn’t. The law firm wanted the court to say the title was clean, but the court said, you shouldn’t even have it, you didn’t have a right to foreclose. To which the attorneys were like, you can’t rule on whether we had a right to foreclose you can only rule on whether we can have a clean title. So the attorney’s took it to the state supreme court, who said the same thing…hey, you entered as evidence the things that were to support why you got the title in the first place and you want us to rule that it’s a clean title, well we have to look at how you acquired it, and from your own evidence you had not right to acquire it so you have to right to a clean title, as a matter of fact since you had no right to acquire it, (after all that time no true creditor showed up to claim the right), so he said the homeowners had the right to the home.

    We get caught up in so much of the process, when we should just stick to what’s simple. If you got into a bad contract, you can’t make it a good one…on either side.

    Even now, knowing my mortgage was done in fraud, I would have paid it, because that’s who I am..but to have my home stolen from me after someone took my money for 10 years and disappeared is how I’m sitting here reading these posts. I needed the police, not a lawyer. Now these people that stole it wanted me to pay them. NO Assignment, No money. So I would not pay them…why should it…It’s a gift if you pay someone without proof of an obligation. I begged for an assignment, I told them I needed to see and assignment, I told them I didn’t want to pay the wrong party and through double jeopardy I’d have to pay someone else later on. I told them I didn’t want to rent the home, i wanted to own it..would they give me the title if I paid them..then never said they’d do anything except demand payment and say they would take my home.

    I know FDCPA is supposed to kick in, in a situation such as that. You can’t threaten to take someone’s property if you don’t have a secured interest in it.

    I felt like RICO was supposed to kick in. You can’t use the USPS as your delivery agent to send notices as if they are lawful to demand money from me when there is no obligation and threaten to harm me by displacing me from my roof over my head if I don’t buckle to your demands.

    I felt like the Department of Justice should have come in, for the attempted extortion of funds when there was no financial instrument to back the claim of being owed a debt.

    So my eyes got really wide open as people talked about a business like BOA or Chase or Wachovia, or Countrywide, like they were real and alive and if I call them they will answer the phone “BOA”, but would it really be “BOA” or an employee of “BOA”.

    I realized there is no real ‘party’ stealing the home, yet mine got stolen. Who stole it? No one can say…if you were to call and say who initiated the claim to take my home, customer service will send you to some other department who will send you to some other department and maybe they will tell you their ‘computer’ told them to foreclose.

    Excuse me? A computer? Yes folks. We deal with the beast all the time and the illusion has gotten us all. SkyNet from the Terminator movies is real and stealing our homes. There isn’t a bank CEO who will say he issued the order, there isn’t a CFO to say he issued the order, no investor, no vice president, no secretary, no supervisor, no real, breathing, alive, flesh and blood, organic, walking, talking, corporeal life form or soul will say they issued the order.

    And we have judges and lawyers standing in court arguing over whether it was the right thing to do.

    There is NO REAL PARTY OF INTEREST.

    And until people really open their eyes, you will not see and as long as you don’t see, you will stumble around in the dark…not seeing in the dark makes it hard to get where you’re going. You may get there, but it will be with a lot of effort.

    Yet I’m displaced from a home and I would have paid that ‘nothing’ if there was an Assignment on file to say who to pay. Go figure! My bank dissolved, I was not paying anyone until an assignment was in place to show who took it’s place. I got robbed by a thug who was first in line to say, pay me or I’ll take your house. And I exercised my unalienable right to say ‘No’. ‘If you are real, then show me the UCC things you should like proof of the obligation (show me the instrument) or your right to collect it on behalf of one who has it. Nothing, except a stolen home.

    The ‘court of divine justice’ is at work now. You can’t hide your deeds from the Creator. This country will go through dire trials and tribulations because of the disrespect shown to the children of the Creator, the energy and life force behind the currency and the natural inheritors of this land. Mother Earth knows how to cleanse this and she will. We have an energy field around us that reveals who we are as a life source. Bankers can’t sit back and act like it was a ‘corporate charter’ that did this and judges can’t sit back and act like it was a ‘previous ruling that set a precedent’ that did this, and people in the ten square mile Washington, D.C. can’t act like, ‘we didn’t know and we couldn’t do anything about it because it’s not our job, or we agreed to not get involved, or we already sold our soul for fiat currency to the lobbyists so we can’t change our mind’.

    The meek, we will sit back and let the court of divine justice take care of what has happened, and we don’t mind starting over. A clean slate, and a couple of fig leaves for clothes will serve us fine so we can have a society that is for the good of everyone.

    Before the great flood, the families that needed to be saved, were. Before the destruction of Sodom and Gonorrhea the family that needed to be saved, was.

    This is no different. A corrupt system needs a ‘reboot’, and all the corrupt processes need to ‘die’ with the program so we can ‘initate’ the program from a Power On Self Test to make sure all the basics are in order and start fresh.

    There will be shaking, quaking, floods, and more, and as they crawl within the earth to hide, she will seal them all up to their doom.
    Unless they got food and water and energy that runs on God power, the Earth can restrict any energy source she wants from any place. Take note of the dead zones of the ocean. Earth Mother, Gaia, is a living organic life form. We can’t see her just like an ant can’t see you when it’s walking on your hand.

    I care not about the loss of my home, I do care about the loss of life that will come and although I know it is for the better, they are still my brothers and sisters who either lost their way or chose their way and have to live with the path they chose to follow.

    Light and Love,
    Trespass Unwanted, alive, allodial, corporeal, life, free, freeman, live born, born alive, whole blood, adult

  8. @ hkcon – are you going to file an adversary proceeding? Are you pro se or do you have an attorney who understands fraudclosure and is knowledgeable in APs? My atty is filing my 1st amended complaint in CA BK court today.

  9. Does anybody know if a mortgage has to be assigned and recorded prior to filing a foreclosure action under the new company’s name in the event of a bank merger in Ohio (judicial state).

    Thanks.

  10. I lost my objection to the relief as my Judge didn’t want to even hear about standing, or rather had decided that they had it and he had jurisdiction. Pre judged and wouldn’t recuse himself. Ca bk court. dec 14th 2010

  11. This judge must be acquainted with the likes of Judge Schack in NY. I loved his comment:

    “But even if all of the deficiencies were overlooked or resolved in Movant’s favor, one emerges from the syntactical fog into an impassable swamp.”

    Is there a better description of where we are with this mortgage fraud?

  12. ANONYMOUS- it only stands to reason that if the creditors are not being identified in foreclosure proceedings, then they are not being identified in
    BK proceedings either. It is one and the same. Additionally, it seems as though the entire credit bid post-foreclosure is obfuscated as well, no one in a position to do anything is doing anything. If the fraudulent credit bid situation is brought to a trustee’s attention, then hopefully they would scratch their head, and start working backward, as all the (illegal) pieces of the pie would of course be in place by then, to get to this point. Everyone is, understandably, starting with the notice of default and trying to save their homes going forward, whereas once the home is lost and sold, the other side has put in place all their bogus signatures, backdated assignments, PSA breaches, IRC malfeasance, robosigning, false notarizations, improper accounting etc. We need some pro bono monday morning quarterbacks. Much easier in hindsight.

  13. This is good news. Bankruptcy court has obligation to make sure the right creditor is represented. With a false creditor, the debt is not properly represented in BK court – a huge problem. And, even bigger problem in deficiency judgments states. Believe Washington is a deficiency judgment state.

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