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In re Humberto Cedano, 2012 DAR 5531 (5/1/12) - BAP #=

Posted: Sat May 05, 2012 10:58 pm
by Yahoo Bot

Pat is correct. A lot of cases are free on Google. (It would be cool to have the Queen doodle to place instead of Google, oh well) But don't just google.
go to:
scholar.google.com
once there, click the circle beforeLegal opinions and journals.
then type the case name in the search box. You will almost always immediately, and without cost, get a copy of the case.
d
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, May 1, 2012 3:36 PM
Subject: RE: [cdcbaa] In re Humberto Cedano, 2012 DAR 5531 (5/1/12) - BAP # CC-11-1189 HKiMk
The last time I looked the BAP had all their decisions on their site except the one I was looking for. Google 9th circuit bap.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kirk Brennan
Sent: Tuesday, May 01, 2012 1:42 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] In re Humberto Cedano, 2012 DAR 5531 (5/1/12) - BAP # CC-11-1189 HKiMk
I'm having a hard time pulling this up on PACER. Finding the main case but not the BAP case. Is there a special procedure for pulling up BAP cases?
Thanks,
On Tue, May 1, 2012 at 9:42 AM, wrote:
9th Cir. BAP affirms Judge Mund's dismissal of wrongful foreclosure adversary proceeding brought by debtor in chapter 13 case. Good discussion of when tender required , MERS authority, standingof substitute trustee to foreclose and 2923.5 notice.
Eric
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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In re Humberto Cedano, 2012 DAR 5531 (5/1/12) - BAP #=

Posted: Wed May 02, 2012 7:36 pm
by Yahoo Bot

I am beginning to think that the FDCPA letter sent to the client before the NOD is filed needs to be objected to, so they have to go to judicial foreclosure.
Catherine Christiansen
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, May 2, 2012 6:26 PM
Subject: Re: [cdcbaa] In re Humberto Cedano, 2012 DAR 5531 (5/1/12) - BAP # CC-11-1189 HKiMk
It would be interesting to know the history (or lobbyists in support) of the nonjudicial foreclosures. When reading this case, it appears that we have waived any right to challenge who has the right to foreclose. And even admits that partial compliance is the low standard the Trustees and Lenders need to reach in order to go forward with the foreclosure. Hard to sue after you lost the house.
"nonjudicial foreclosure proceedings are intended to be
less expensive and more quickly concluded, therefore [t]he
recognition of the right to bring a lawsuit to determine a
nominees authorization to proceed with foreclosure on behalf of
the noteholder would fundamentally undermine the nonjudicial
nature of the process and introduce the possibility of lawsuits
filed solely for the purpose of delaying valid foreclosures.
Gomes, 192 Cal. App. 4th at 1155"
Hence - no real reason to have a Judge determine if there ever is compliance....so long as they are inexpensive and quickly concluded....
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The post was migrated from Yahoo.