Need advise re: Forclosure and Chapter 7

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Permalink Reply by brian william davies on October 23, 2011 at 1:14pm

http://www.foreclosurehamlet.org/forum/topics/davies-v-deutsche-ban...

 

This is my whole case with pleadings to fight motions for relief by servicer or beneficiary.  IT COVERS EVERYTHING.

Brian

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Permalink Reply by John LS on November 25, 2011 at 6:35am

Well - The bank wins.  When I say wins I mean that they get the lift from the Bankruptcy imposed automatic stay.  Just as they were smiling wide I did my best to explain to the judge why they were so happy.  "They think they can sell it in 30 days" I said to the judge.  He looked at them and calmly explained that since it was no longer in their name and no meeting of current trustee or decision to sell had been recorded that they would have to start over from point one.  Now this is good but it is also bad.  I now have a little more time to wrangle and have found out that the loan was a MERS or "MOM" from day one.  That said it raises questions.  The trust deed that was presented did not match the trust deed copy that I have from when we signed.  They changed the address on the bank and mortgage company after I signed it.  Is this legal?  The judge did not want to hear it and said it did not matter but I think it is key.  I mean you cannot change a document after someone signs it can you???  The other thing that comes to question is when was it put in MERS and if it was put into MERS before the previous trustee (Oregon department of housing) signed off on the previous trust deed did they violate any laws.  Does anybody have a clue on either of these questions???

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Permalink Reply by B.L.I.T.Z.K.R.I.E.G on December 5, 2011 at 4:14am

Try to change your bankrupsy petition and list your Mortage as an unsecured debt that way you will have the bankrupsy foum to make them prove they are the true note holder amf real party of intrest . File a motion contesting that they are not the true party of intrest and lack standing to lift the automatic stay .

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Permalink Reply by brian william davies on December 5, 2011 at 8:07am

I did that already and am in the BAP 9th circuit.

I defeated Onewest and Onewest as Agent for Deutsche Bank's Motions for relief.

I will have my oral argument tape from the appellate court this week and will post.

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Permalink Reply by John LS on December 6, 2011 at 12:33am

The judge in my case was in no way open to the thought that they did not have a right to foreclose.  He in his own words said "did you take out a loan" and upon me questioning that said "Mr. Ellis, Did you sign documents for a loan amount with them yes or no?".  I even pointed out the Trust deed had been changed and he still tried to get me to say it was the one I signed and I refused to say that due to "it not being the one I signed because the address' are different".  Inspite of all that he made his ruling to lift the stay.  I have no lawyer so do not know what to do next.

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Permalink Reply by Phred Maldonaldo on December 7, 2011 at 2:03pm

You need to read Boomie Cotton's most recent court decision. Being in BK means you have federal court rules as well as state court rules to deal with. The house and any legal relief available becomes the property of the Court, depending on how you listed the debt (secured / unsecured). YOU NEED AN ATTORNEY.

Then you need to file an action against the lender immediately after you receive a Notice of Default. You need to get certified copies of all documents recorded at county and request them to be noticed in your pleading by attaching copies as exhibits to your pleadings. Then you need to make a statement regarding the difference in the Deed of Trust and add a copy of it as an exhibit as well. Then you sign your statement under penalty of perjury.

We can offer more if you write up your story of what, when, who, in chronological order, after you have all the documents from county recorder.

I am neither an attorney nor familiar with OR law, so you would be a total fool to accept the above as sound advice, let alone legal advice.

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Permalink Reply by I Enjoy No Debt on February 9, 2012 at 11:40am

Loan Mods are a scam and the bank probably does not own the note anymore, you NEED to find out like I did:

I would definitely get someone to determine whether the bank has a right to your house and payment. I got a free mortgage audit from www.inspectoraudit.com These guys are awesome! I have not found anyone that will get this information for FREE to you, it helped me stop a foreclosure a few days before the sale. I am not usually a person to recommend someone, but I think in this case these people helped me and may help someone else who is in trouble when the bank is trying to steal their house. They will give you a FREE AUDIT!!!

When I got my mortgage audit back, I was STUNNED to find out that my Note had been sold into some kind of investment pool, and the bank did not have the right to continue to collect on me, much less foreclose on me. From what I understand that selling the notes into these pools is very complicated and I don't really understand it completely, except that the Note is no longer a Note, the bank cant claim it anymore as a Note, and  the bank has already been paid for your mortage!. They try and steal your house after they have been paid for it!! I was upset when the bank started the foreclosure on me, now I am really upset for a different reason, because they are committing fraud on me.

MY FORECLOSURE HAS BEEN STOPPED DEAD IN ITS TRACKS!! The bank was committing fraud on me and trying to take my house and they cant now, I have a lawyer that is using the the audit I got from inspectoraudit.com and he is turning the tables on the bank. I love it and I feel so empowered now! Being on the offensive is much better than being on the defensive. Good Luck with everything

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