.jpg)
Stipulating to Judgment on AP
Yes. Back when Ellen Carroll was on the bench and she required an adversary to lien strip.
As far as making sure they have authority to stip - as messed up as the mortgage/notes are your guess is as good as anyones. But if your served everyone that could possibly involved in the note then you have a good chance of guessing that they have authority.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, June 5, 2013 3:43 PM
Subject: [cdcbaa] Stipulating to Judgment on AP
I received this on a recently filed AP for lien strip before VZ.
I have reviewed your Complaint in Adversary 2:13-ap-xxxx and wish to advise you Real Time Resolutions (Bank of America, N.A. (FKA Countrywide) with Real Time Resolutions, Inc. as Agent ) will not be filing a response in these proceedings. We are satisfied with the language requiring ) to be entered. If you prefer an Agreed Order or Stipulation to this fact, please let me know. Otherwise, a Motion for Default Judgment would not be contested.
So my questions are:
1. How can I be sure the agent has the scope of authority to stipulate; and
2. Has anyone stipulated similarly, and did that allow them to bypass default?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
The post was migrated from Yahoo.
A stipulated judgment would be appropriate. I have executed same and see
junior lienholders actually offer stips.
If you challenge the authority of the loan servicer to enter into the
agreement, then be sure that the judgment is executed by the Master
Servicer or Trustee of the Trust.
Hope this helps.
Christine
On Wed, Jun 5, 2013 at 3:43 PM, Steven B. Lever wrote:
> **
>
>
> I received this on a recently filed AP for lien strip before VZ. ****
>
> ** **
>
> I have reviewed your Complaint in Adversary 2:13-ap-xxxx and wish to
> advise you Real Time Resolutions (*Bank of America, N.A. (FKA
> Countrywide) with Real Time Resolutions, Inc. as Agent* ) will not be
> filing a response in these proceedings. We are satisfied with the language
> requiring completion of the Chapter 13 Plan and an Order discharging your
> client(s) to be entered. If you prefer an Agreed Order or Stipulation to
> this fact, please let me know. Otherwise, a Motion for Default Judgment
> would not be contested.
>
> ** **
>
> So my questions are:****
>
> ** **
>
> **1. **How can I be sure the agent has the scope of authority to
> stipulate; and****
>
> **2. **Has anyone stipulated similarly, and did that allow them to
> bypass default?****
>
> ** **
>
> Steve ****
>
> ** **
>
> ** **
>
> Law Offices of Steven B. Lever****
>
> >** **
>
> > Steven B. Lever****
>
> >( Tel. (562) 436-5456 ext. 1****
>
> >( Fax (562) 485-6886****
>
> >* sblever@leverlaw.com****
>
> ** **
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
*Our New Office Location:
12650 Hoover Street
Garden Grove, CA 92841*
*Mailing:*
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
A stipulated judgment would be appropriate. I have executed same and see junior lienholders actually offer stips. If you challenge the authority of the loan servicer to enter into the agreement, then be sure that the judgment is executed by the Master Servicer or Trustee of the Trust.
Hope this helps.ChristineOn Wed, Jun 5, 2013 at 3:43 PM, Steven B. Lever <
The post was migrated from Yahoo.
I received this on a recently filed AP for lien strip before VZ.
I have reviewed your Complaint in Adversary 2:13-ap-xxxx and wish to
advise you Real Time Resolutions (Bank of America, N.A. (FKA
Countrywide) with Real Time Resolutions, Inc. as Agent ) will not be
filing a response in these proceedings. We are satisfied with the
language requiring completion of the Chapter 13 Plan and an Order
discharging your client(s) to be entered. If you prefer an Agreed Order
or Stipulation to this fact, please let me know. Otherwise, a Motion
for Default Judgment would not be contested.
So my questions are:
1. How can I be sure the agent has the scope of authority to
stipulate; and
2. Has anyone stipulated similarly, and did that allow them to
bypass default?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
The post was migrated from Yahoo.