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Ellen Carroll - Note Holders/Stipulation
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Nancy, Keith:
Keep up the good work.
The stipulation is not half bad. Paragraph 4 of is absurd and unnecessary.
The wording should be redone so that the property address (and possibly the
APN) and recorder's instrument number for the Deed of Trust are required
because the stip may have to be recorded.
Please keep us informed on the service issue.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
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The issue still stands with Judge Carroll as to whether the servicer is authorized to bind or represent
the holder of the note in these 502(a) actions.
Keith
To: cdcbaa@yahoogroups.com
Sent: Fri, 19 Dec 2008 12:45 pm
Subject: RE: [cdcbaa] Re: Ellen Carroll - Note Holders/Stipulation
So, now I am thoroughly confused by Judge Carroll. I guess Judge Carroll has been working on the issue regarding the stipulations to strip the mortgage and the Orders on the Motion for Default Judgment and has come up with her own version of both documents which Keith has so graciously faxed to me so that I can share with you. I dont know if she is still going to be pushing the issue of serving the note holder or the servicer.
I have a status conference today and will gently inquire.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
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So, now I am thoroughly confused by Judge Carroll. I guess Judge Carroll has been working on the issue regarding the stipulations to strip the mortgage and the Orders on the Motion for Default Judgment and has come up with her own version of both documents which Keith has so graciously faxed to me so that I can share with you. I dont know if she is still going to be pushing the issue of serving the note holder or the servicer.
I have a status conference today and will gently inquire.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of my firm shall be understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury Department Regulations, we advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions or (ii) promoting, marketing or recommending to another party any tax-related matter addressed herein.
________________________________
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