.jpg)
Motions for Relief from Stay with inaccurate foreclosure
I shall try it. Hope I have the Courtroom skills for it. Thanks for the
tip.
On Tue, May 11, 2010 at 8:57 PM, warren brown wrote:
>
>
> I didn't say I "think" it will work. I do it on a regular basis. I only say
> it is "almost guaranteed" to work because not everyone has good courtroom
> skills. You need to know your judge, know your opponent, and be able to sell
> it. If you don't think it will work, it won't. And no lender is going to
> proceed with a sale before the date indicated in the order. That's why they
> call it an order.
>
> ------------------------------
> To: cdcbaa@yahoogroups.com
> Date: Tue, 11 May 2010 19:11:18 -0700
> Subject: Re: [cdcbaa] Motions for Relief from Stay with inaccurate
> foreclosure information
>
>
> I don't think that will work. The banks will just go forward with the
> foreclosure sale. To make something of this issue, you'd have to file a
> complaint for wrongful foreclosure arguing the fact that the bank itself
> said that no NOD had been served and recorded lulled the debtorinto not
> doing anything to protect its rights in the property - however; I don't
> think this is a winning argument either. Bank will say the debtor received
> the NOD and had the burden to appraise himself of the sale date, etc.
>
> On Tue, May 11, 2010 at 5:08 PM, warren brown wrote:
>
>
>
> Almost guaranteed to work: Appear at the hearing and indicate that you have
> no basis for opposition, but because the Debtor is working on .... loan mod,
> refi, writ of habeus corpus, devine intervention, whatever...some time is
> needed. Because the lender has indicated that in fact no foreclosure has
> commenced, you will stip to relief but no actual sale for the number of days
> needed to complete a foreclosure from N.O.D. through sale. I would be
> careful about putting the flaw into a written opposition, because you will
> tip your hand. Our judges are proud and very protective of their forms, and
> a declaration under penalty of perjury should mean something. Try it. You
> should like it. WB
>
>
> ------------------------------
> To: cdcbaa@yahoogroups.com
> Date: Tue, 11 May 2010 13:51:17 -0400
> Subject: RE: [cdcbaa] Motions for Relief from Stay with inaccurate
> foreclosure information
>
>
> It is not uncommon to receive Motions for Relief from Stay on real
> property where the form Declaration contains inaccurate or incomplete
> information regarding the status of the foreclosure. Often when a Notice of
> Default and/or Notice of Trustee's Sale *has* been recorded pre-petition,
> Sections 8(h) and 8(i) of the form Declaration will be blank or state
> "N/A". Today I was served with a Motion for Relief from Stay (from a very
> good creditor firm) where a Notice of Default and Notice of Trustee's Sale
> had been recorded pre-petition, and the form Declaration states "None
> Recorded" for both.
>
>
> Is there anything which can/should be done about these inaccurate Motions,
> assuming no other basis to oppose relief? I remember I once filed a brief
> Opposition in front of Judge Russell bringing it to his attention, and he
> took a "no harm, no foul" approach and granted the Motion. Any thoughts?
> Keith H., what is your experience in such situations in front of the Los
> Angeles judges?
>
> Jim
>
> James R. Selth
> Weintraub & Selth, APC
> 12121 Wilshire Boulevard, Suite 1300
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
>
>
> ------------------------------
> The New Busy is not the too busy. Combine all your e-mail accounts with
> Hotmail. Get busy.
The post was migrated from Yahoo.
I don't think that will work. The banks will just go forward with the
foreclosure sale. To make something of this issue, you'd have to file a
complaint for wrongful foreclosure arguing the fact that the bank itself
said that no NOD had been served and recorded lulled the debtorinto not
doing anything to protect its rights in the property - however; I don't
think this is a winning argument either. Bank will say the debtor received
the NOD and had the burden to appraise himself of the sale date, etc.
On Tue, May 11, 2010 at 5:08 PM, warren brown wrote:
>
>
> Almost guaranteed to work: Appear at the hearing and indicate that you have
> no basis for opposition, but because the Debtor is working on .... loan mod,
> refi, writ of habeus corpus, devine intervention, whatever...some time is
> needed. Because the lender has indicated that in fact no foreclosure has
> commenced, you will stip to relief but no actual sale for the number of days
> needed to complete a foreclosure from N.O.D. through sale. I would be
> careful about putting the flaw into a written opposition, because you will
> tip your hand. Our judges are proud and very protective of their forms, and
> a declaration under penalty of perjury should mean something. Try it. You
> should like it. WB
>
> ------------------------------
> To: cdcbaa@yahoogroups.com
> Date: Tue, 11 May 2010 13:51:17 -0400
> Subject: RE: [cdcbaa] Motions for Relief from Stay with inaccurate
> foreclosure information
>
>
>
> It is not uncommon to receive Motions for Relief from Stay on real property
> where the form Declaration contains inaccurate or incomplete information
> regarding the status of the foreclosure. Often when a Notice of Default
> and/or Notice of Trustee's Sale *has* been recorded pre-petition, Sections
> 8(h) and 8(i) of the form Declaration will be blank or state "N/A". Today I
> was served with a Motion for Relief from Stay (from a very good creditor
> firm) where a Notice of Default and Notice of Trustee's Sale had been
> recorded pre-petition, and the form Declaration states "None Recorded" for
> both.
>
>
>
> Is there anything which can/should be done about these inaccurate Motions,
> assuming no other basis to oppose relief? I remember I once filed a brief
> Opposition in front of Judge Russell bringing it to his attention, and he
> took a "no harm, no foul" approach and granted the Motion. Any thoughts?
> Keith H., what is your experience in such situations in front of the Los
> Angeles judges?
>
>
>
> Jim
>
>
>
> James R. Selth
>
> Weintraub & Selth, APC
>
> 12121 Wilshire Boulevard, Suite 1300
>
> Los Angeles, California 90025
>
> Telephone: (310) 207-1494
>
> Facsimile: (310) 442-0660
>
> E-Mail: jim@wsrlaw.net
>
>
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
>
>
> ------------------------------
> The New Busy is not the too busy. Combine all your e-mail accounts with
> Hotmail. Get busy.
The post was migrated from Yahoo.