Livinglies's Weblog

Because most lawyers and homeowners think they “know” the self-evident answers, they don’t ask the questions that would completely destroy the case against them.

Just make a note that unless you ask, there is no obligation to give you answers. And unless you seek enforcement, the violation of the rules will go unnoticed and will not be a proper subject on appeal.

You must ask in a timely, appropriate and proper manner. Your question must be clear as a bell. If your question is vague, then that invites evasive answers.

So here is my response to the lawyers litigating a bankruptcy where a false proof of claim was filed:

*

Motion to strike. It does not prove a claim for a creditor. The putative creditor did not file this. An agent claiming undisclosed authority signed it.

*

Motion to Strike Paragraph 7: The “proof of claim” is based on an uncorroborated payment history generated by unknown sources rather than the alleged unpaid loan account.

*

Motion to Strike Attachment to Proof of Claim: The “proof of claim” is based on an uncorroborated payment history generated by unknown sources rather than the alleged unpaid loan account. The attachment is a Payment History from an undisclosed source not a copy of the unpaid loan account from the creditor.

*

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce a certified copy (under oath) of the trust account in which the alleged unpaid account is held as an asset for beneficiaries of a trust.

*

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce a certified copy (under oath) of the unpaid account held by USBT in the aforesaid trust account in which the alleged unpaid account is held as an asset for beneficiaries of a trust.

*

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce a certified copy (under oath) of the servicing agreement appointing SN Servicing to collect money from the debtor and describing the disbursement of such money.

*

Discovery: Subpoena Duces Tecum to SN Servicing to produce records custodian employed by SN and produce certified copy (under oath) of the records and data relating to the physical or electronic collection of money by SN with respect to the subject alleged unpaid loan account.

*

Discovery: Subpoena Duces Tecum to US Bank Trust National Association and SN Servicing to produce records custodian employed by USBT and SN and produce certified copy (under oath) of the creation of an unpaid loan account owned by Countrywide Savings Bank, and the alleged or implied sale of said account by Countrywide.

*

Discovery: Subpoena Duces Tecum to US Bank Trust National Association and SN Servicing to produce records custodian employed by USBT and SN and produce certified copy (under oath) of any merger or acquisition agreement that resulted in the payment of value in exchange for ownership of the alleged unpaid loan account.

*

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce certified copy (under oath) of the alleged loan account starting with the date of creation of the unpaid loan account on the books and records of Countrywide and continuing up to the date of response showing the current balance allegedly due to USBT.

*

Discovery Interrogatories: If you do not have direct access to the information demanded in the preceding Subpoena Duces Tecum, produce an officer of USBT who has personal knowledge of the identity of the person(s) who do have such knowledge and who is familiar with the trust accounts held under the referenced trust.

*

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce certified copy (under oath) of any loan account record file and records transferred to USBT relating to the subject debtor.

*

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce a certified copy (under oath) of the trust account in which the alleged unpaid account was purchased for value, including the date and parties to the transaction.

*

Discovery: Subpoena Duces Tecum to Bank of America to produce records custodian employed by BOA and produce certified copy (under oath) of the creation of an account in which the alleged unpaid account was purchased for value, including the date and parties to the transaction.

*

Discovery: Subpoena Duces Tecum to Bank of America/Countrywide to produce records custodian employed by BOA and produce certified copy (under oath) of the under which MERS was instructed to execute documents to be in the recorded chain of title for the subject property of the subject debtor.

*

Same series for additional trusts, trustees and servicers.

Filed under: foreclosure |