CT US BKR TRUSTEE FILES SUBPOENA FOR 2004 EXAMINATION V DEUTSCH ET AL
Posted on February 1, 2011 by Neil Garfield
ONE ON ONE WITH NEIL GARFIELD
COMBO ANALYSIS TITLE AND SECURITIZATION
THAT DAMNED STANDING ISSUE AGAIN
SEE 01.26.2011 -US-Trustee-Motion-in-CT-for-2004-Examination[1]
NOTABLE QUOTES:
Deutsche has filed two proofs of claim in this case regarding an alleged secured claim arising from a mortgage given to secure a loan made to the debtor and her spouse. The first proof of claim filed on July 28, 2010 (claim no. 2-1 on the claims register) ("POC") failed to include any documentation connecting Deutsche to the underlying mortgage.
On July 28, 2010, Deutsche filed the POC. The POC asserts that notices and payment should be sent to American Home Mortgage Servicing, Inc., 1525 S. Beltline Road, Suite 100, N. Coppell, Texas 75019. The POC asserts a secured debt to Deutsche in the amount of $336,345.51. The POC was signed by Lawrence J. Buckley ("Buckley") as Creditor's Authorized Agent.
The United States Trustee has reviewed the documents filed by Deutsche in this case and has concerns about the integrity of those documents and the process utilized by Deutsche in filing the POC and the Amended POC. To begin with, the POC asserted that Deutsche was a creditor of the Debtor, yet the Note and Mortgage annexed to the POC appear to document a note and mortgage as between the Debtor and MAC, not Deutsche.
Based on these inconsistencies, the United States Trustee requests that she be given the opportunity to question Deutsche about the methods it used and what documents were reviewed and considered before filing the POC, the Amended POC, and its Plan Objection. Bankruptcy Courts have discussed the need for secured lenders to provide accurate information in filings before the Court or else "[t]he debtor and his/her family may lose their home, and the debtor and other creditors may lose significant equity in foreclosure." In re Gorshtein, 285 B.R. 118, 122 (Bankr. S.D.N.Y. 2002); In re Fagan, 376 B.R. 81, 87 (Bankr. S.D.N.Y. 2007). Consequently, "cause" exists authorizing the issuance of a subpoena to compel document production under Bankruptcy Rules 2004(c) and 9016, and moreover, for the issuance of an order directing Deutsche to appear for an examination under Bankruptcy Rule 2004.
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud |
« How Do You Modify A 2-Party Contract With Only 1 Party Present? HAMP! HIGH COURTS IN NJ AND MA JOIN OTHER STATES KNOCKING DOWN PRETENDER SHELL GAME »
John, on February 2, 2011 at 4:37 am said:
Hey Gary H & Brian, maybe we should get a Ca group together.
Gary H, on February 2, 2011 at 1:14 am said:
b davies,
If possible how does one contact you? I have my own pro-per civil case in progress in So. Cal.
I've been researching this mess for the better part of 3 years. During this time I've come across some valid information not known by many and haven't heard it being used in the courts yet, but I sure intend to bring it up.
Ray Lopez, on February 1, 2011 at 11:14 pm said:
angry & NOT TAKING IT, on February 1, 2011 at 10:14 pm said:
Al Qaeda Terrorists In Yemen Target Wall Street Banks…
considering that-Al Qaeda is a US covert military creation.
This threat is a false flag op. wait for the spin . Someone like [G-Sucks] always cashes-in on this.
Abby in CA, on February 1, 2011 at 5:16 pm said:
IS WALL STREET FORECLOSING ON AL QAEDA TOO?
Al Qaeda Terrorists In Yemen Target Wall Street Banks (VIDEO)
First Posted: 02/ 1/11 01:47 PM Updated: 02/ 1/11 03:21 PM
NBC New York is reporting that the latest threats from al Qaeda terrorists in Yemen target Wall Street financial institutions and executives, including Goldman Sachs, Barclays, Citibank and JP Morgan Chase.
Employees at the companies have been briefed by the FBI and security officials. There is no indication of assassination plots.
In recent weeks, the FBI' Joint Terrorism Task Force and NYPD officials have been briefing bank executives and their security departments on the nature of the threat information. Much of it gleaned from al Qaeda writings like 'Inspire' magazine that recently warned of attacks targeting financial institutions.
The latest "Inspire" issue also made reference to trying to use Anthrax in an attack, officials said.
NBC terror consultants also point to the web writings of al Qaeda blogger Abu Suleiman Al-Nasser who recently wrote,"Rush my Muslim brothers to targeting financial sites and the program sites of financial institutions, stock markets and money markets.
http://www.nbcnewyork.com/news/local-beat/Exclusive-Wall-Street-Execs-On-New-Terror-Threat-Info-114985979.html
b davies, on February 1, 2011 at 2:44 pm said:
http://www.scribd.com/doc/40280967/Motion-for-Relief-of-Stay-Reversed-Bank-of-America-Had-No-Standing-9TH-CIRCUIT-APPEALS-REVERSAL-JUDGE-DONOVAN-CENTRAL-DISTRICT-BANKRUPTCY
9th circuit appeals panel reverses Servicer Has No Standing".
b davies, on February 1, 2011 at 11:51 am said:
http://www.scribd.com/doc/47984199/Request-for-Judicial-Notice-California-Superior-Court-Notice-of-Federal-Order-With-Order-Inc-090697-Filed-1-12-11
REQUEST FOR JUDICIAL NOTICE IN STATE CASE. FEDERAL ORDER DENYING ONEWEST BANK FSB AND ONEWEST BANK AS AGENT FOR DEUTSCHE BANK FOR LACK OF STANDING. FINDINGS OF FACT THAT DECLARANT LACKS CREDIBILITY AND I AGREE WITH THE JUDGE.
http://www.scribd.com/doc/47984777/MERS-Reports-of-Transfers-on-MERS
MERS ENTRIES AND HOW THEY DO IT. HANDBOOK OF USING MERS AND ITS SYSTEM.
Mary, on February 1, 2011 at 10:31 am said:
go to Foreclosure Hamlet, they have sample pleadings
Pamela Edwards, on February 1, 2011 at 10:28 am said:
I second Debi J's thoughts.Just as importantly is the fact that these lawyers and judges have been lead around by the nose by the banks and Wall street and thier supposed to be the one's to keep everyone on an even playing field.Evidently not so much.
TMT, on February 1, 2011 at 10:14 am said:
Here is another new deal for Fannie and Freddie before solving current MERS issues…. This is crazy….
http://www.housingwire.com/2011/01/31/fannie-mae-revs-up-multifamily-mortgage-securitizations
CONFUSED, on February 1, 2011 at 10:02 am said:
does anyone have a florida foreclosure appeal example. i am prose and need to file an appeal?
boots, on February 1, 2011 at 9:29 am said:
bankruptcy court is a haven for fraud documentations. the debt collecting foreclosing attorneys filed fraud documents in the court and lied about their pleading. the court don't care esp. if you are pro-se.
i know because i have been there fighting for the last 2 year of my chapter 11. finally, i was able to convert it to chapter 7 and was discharged. now i'm going after these foreclosing attorney in state court. i've never quit, no matter what. btw the bk trustee abandon my properties so i could litigate it on my own. i
Marie, on February 1, 2011 at 9:24 am said:
Ahmsi notified me after Originator, opt1 went out of business. Then In 2009 Ahmsi apparently filed an assignment claiming to be Option Ones "successor in interest" assigning that interest to Deutsche Bank as Trustee, blah, blah, blah. I've had several skirmishes with this crew, and am waiting for the next shoe to drop. The SEC advised the Trust in question was "deregistered" in 2007. Fannie and Freddie refused to give me any information and said they were keeping a record of my calls. Naturally I wonder if this Trust even exists. No doubt that will be a major subject of discovery at some point…
debi J, on February 1, 2011 at 6:06 am said:
This ought to get very interesting. Thanks for this and looking forward to the result. Does Deutsche have standing anywhere? Someone has to address this head on and put a stop to it all. What is it going to take to get judges to really understand what has happened and still happening. Are all of them really that dense??? Sad to say they are. How can they not see what every lay person can see with out years of law and service as a lawyer?? Is it really that hard or do we have idiots on the bench? I think that question answers itself. Maybe we should test all their IQ's and require that it is over 6 to serve on the bench!! Debi