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Bill Paatalo discusses on the Show today a case out of the judicial foreclosure state of Kentucky, in which the Defendant has countersued the foreclosing ‘Trust’–Christiana Trust, A Division of Wilmington Savings Fund Society, FSB. See Bill Paatalo’s Blog post from March 5, 2020, and Neil’s Blog for further case details, etc.
The attorney retained by the Servicer, Select Portfolio Servicing, tried recently to withdraw from the case, conceding on the record as a basis for the withdraw, that while he had contact with SPS, who retained and communicated with him re the lawsuit filed at the direction, ostensibly on behalf of the Christiana Trust (CT), CT disavowed having any contact with SPS re the mortgage loan at issue, and further stating that there is no legal entity attached to the lawsuit from CT.
Mr. Hill filed the motion to withdraw as legal counsel, because the countersuit filed by Defendant, led him to confirm with CT that he would legally represent them as a named Plaintiff on same counterclaims. Yet he literally could contact no one at CT who represented being connected to the lawsuit, and thus could not confirm retainer arrangements–re either the representation–or any retainer payment to cover his potential legal fees.
The Court did the right thing here, refusing to let him out of the case. We will discuss on the Show today what this means for borrowers around the country.
One aspect to this: How to use discovery to ferret out this type of situation, or a similar one, in foreclosure cases, either judicial or non-judicial cases.
Filed under: foreclosure |
Anon: any help or insight would be greatly appreciated. My confirmation hearing date is March 23, 2020. I am thinking about filing a motion for the confirmation hearing to be converted to an evidentiary hearing….not sure if that would work. I listed everyone as unsecured debts and they are not liking that. But I have not had a chance with the court to submit evidence that the loan did not get into the trust by the closing date of 2005 and the assignments were done in 2014…”Both assignments were done 6 years after both assignment parties went out of business in 2008. An employee of Ocwen Loan Servicing acted as attorney in Fact for the assignments. He claims on the assignments that he had POA
My email address is feet4fins@yahoo.com
I am in BK 13
Thanks
Al – can you leave your email here?
In response to my Request for Admissions, the Bad Guys immediately ‘set Trial’ within 14 days…and the Judge let them. I requested a Hearing from the JA…and was informed that ‘No Hearings will be set for this matter…show up for the Trial and the Judge will decide.’ I filed a Chapter 13 the day before their Little Sham Railroad Job…No AOM filed, no Notice of Default with 30 day Right to Cure filed, no Sworn Debt Statement filed…and the Judge was ‘just fine’ with having a Trial ‘in Chambers’ with no Witnesses so the Bad Guys wouldn’t have to Answer any Questions or provide any Real Evidence…No WONDER the Bailiff positioned himself directly behind me…if I started complaining about the Railroad Job, he could ‘settle me down’…SURPRISE…Here’s your copy of my Notice of Bankruptcy…Not Today, Judge…Not Today… 😉
About a year ago I attempted to root out the opposing attorneys authorization to represent the Trust , Park Place Securities and the Trustee,Wells Fargo Bank, The court did not act upon it at all. I know the servicer, Ocwen Loan Servicing, hired the foreclosure mill, Janeway Law Firm. I am hoping for some excellent advice on tonight’s show on how to proceed with this.