MFRS for nondebtor property
Posted: Fri May 31, 2013 7:42 pm
Are they going on the theory that the debtor has possessory interest as a tenant and they need relief from that? Under HBOR foreclosed property - real tenant has 90 days to move.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
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To: cdcbaa@yahoogroups.com
Sent: Friday, May 31, 2013 6:06 PM
Subject: [cdcbaa] MFRS for nondebtor property
Why does Bank insist on filing a MFRS to foreclose RP that is not debtor's but he is a tenant. This is not a hijacking. Bank erroneously alleges debtor acquired an interest in the RP by way of a trust deed and did not list in A - Bank's MFRS's exhibits show only mom's name.
Title Co agreed that debtor is not on title or loan so I refused to obtain the order but Bank insisted on a RFS order before it would approve short sale by mom. No fraud or abuse allegation but I am filing a nonopposition and declaring that debtor has never owned any interest.
Need to amend F to include this erroneous allegation if I file the nonopposition?
Bert Kawahara
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