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Creditor of Transferred Claim Refusal to Send Statements
You could also try a RESPA request. If all else fails file a motion for
sanctions.
On Apr 3, 2015 9:37 PM, "Michael Avanesian michael@avanesianlaw.com
[cdcbaa]" wrote:
>
>
> Two ways to handle it. I would do both.
>
> First send them a demand with your position, that they are bound by the
> order and are willfully violating an order of the Court. Second, that
> you're requesting this month's mortgage statement (or whatever it is the
> addendum calls for) and that this is your official request under Rule
> 2004-1 for either production of the documents or to meet and confer
> regarding why they won't produce.
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed herein.
>
>
> On Fri, Apr 3, 2015 at 7:01 PM, jesseelaw@aol.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> Chapter 13 case confirmed over 3 years ago with old Chapter 13 local
>> addendum requiring monthly home loan statements be issued to debtor. 1st
>> Td Chase transferred its claim to Bayview as servicer for Met Life. Debtor
>> wants monthly statements to make sure payments are being properly applied.
>> Bayview refuses to send statements maintaining (through its counsel) that
>> it is not bound by the confirmation order related to Chase. I do not
>> understand its position as it stands in Chases shoes and thus is bound by
>> the confirmation order. Now it withdrew the proof of claim after the last
>> of the arrears were paid in full through the plan last month. Not sure what
>> it is trying to accomplish in doing this, but that is the next headache.
>> Anyone else's Chapter 13 clients having similar issues with Bayview?
>>
>>
>> Mark Jessee
>>
>> (805) 497-5868
>>
>>
>
>
You could also try a RESPA request. If all else fails file a motion for sanctions.
On Apr 3, 2015 9:37 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
Two ways to handle it. I would do both.First send them a demand with your position, that they are bound by the order and are willfully violating an order of the Court. Secon
The post was migrated from Yahoo.
Two ways to handle it. I would do both.
First send them a demand with your position, that they are bound by the
order and are willfully violating an order of the Court. Second, that
you're requesting this month's mortgage statement (or whatever it is the
addendum calls for) and that this is your official request under Rule
2004-1 for either production of the documents or to meet and confer
regarding why they won't produce.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Fri, Apr 3, 2015 at 7:01 PM, jesseelaw@aol.com [cdcbaa] wrote:
>
>
> Chapter 13 case confirmed over 3 years ago with old Chapter 13 local
> addendum requiring monthly home loan statements be issued to debtor. 1st
> Td Chase transferred its claim to Bayview as servicer for Met Life. Debtor
> wants monthly statements to make sure payments are being properly applied.
> Bayview refuses to send statements maintaining (through its counsel) that
> it is not bound by the confirmation order related to Chase. I do not
> understand its position as it stands in Chases shoes and thus is bound by
> the confirmation order. Now it withdrew the proof of claim after the last
> of the arrears were paid in full through the plan last month. Not sure what
> it is trying to accomplish in doing this, but that is the next headache.
> Anyone else's Chapter 13 clients having similar issues with Bayview?
>
>
> Mark Jessee
>
> (805) 497-5868
>
>
>
Two ways to handle it. I would do both.First send them a demand with your position, that they are bound by the order and are willfully violating an order of the Court. Second, that y
The post was migrated from Yahoo.