Central District Consumer Bankruptcy Attorney's Association

MERS is often inaccurate.
For accuracy, you need a response to a QWR.
On Wed, May 8, 2013 at 1:07 PM, ericbershatski wrote:
> **
>
>
> Nick,
>
> If the DOT shows a mortgage identification number (MIN) on page 1, try
> doing a search of that number on the MERS website:
>
> https://www.mers-servicerid.org/sis/index.jsp
>
> From there, I believe there might be way to find out who the investor is.
>
> Eric
>
>
> --- In cdcbaa@yahoogroups.com, Nicholas Gebelt wrote:
> >
> > Dear Cameron,
> >
> > Please do.
> >
> > Thanks,
> >
> > Nick
> >
> > Nicholas Gebelt, Ph.D., J.D.
> > Board Certified Bankruptcy Specialist
> >
> > [Description: cid:image003.jpg@...]
>
> >
> > Law Offices of Nicholas Gebelt
> > 15150 Hornell Street
> > Whittier, CA 90604
> > Phone: 562.777.9159
> > FAX: 562.946.1365
> > Email: ngebelt@...; ngebelt@...
> > Web: www.goodbye2debt.com
> > Blog: www.southerncaliforniabankruptcylawblog.com/ http://www.southerncaliforniabankruptcylawblog.com/>
>
> >
> > We are a debt relief agency. We help people file for bankruptcy relief
> under the Bankruptcy Code.
> >
> > Confidentiality Note: This e-mail is intended only for the person or
> entity to which it is addressed and may contain information that is
> privileged, confidential, or otherwise protected from disclosure.
> Dissemination, distribution, or copying of this e-mail or the information
> herein by anyone other than the intended recipient, or an employee or agent
> responsible for delivering the message to the intended recipient, is
> prohibited. If you have received this e-mail in error, please notify us
> immediately at 562.777.9159 or e-mail info@... and
> destroy the original message and all copies.
>
> >
> > Representation Note: If you have not signed a contract of
> representation, the Law Offices of Nicholas Gebelt do not represent you,
> and this email does not contain any legal advice for you.
> >
> > IRS Circular 230 Disclosure: In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code, or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.
> >
> Of Cameron Totten
> > Sent: Monday, May 06, 2013 4:20 PM
> > To: cdcbaa@yahoogroups.com
> > Subject: Re: [cdcbaa] New Century Mortgage Corporation
> >
> >
> > Assignments of deeds of trust do not have to be recorded. See CALVO v.
> HSBC. The main cause of action in your adversary proceeding would be
> declaratory relief. I could provide you with some samples.
> > Cameron
> >
> > Sent from my iPhone
> >
> > On May 3, 2013, at 2:46 PM, Nicholas Gebelt
> wrote:
> >
> > Dear List mates,
> >
> > I have Chapter 13 clients for whom I am preparing a Lam adversary
> complaint (the judge is Zurzolo). My clients have given me the most
> recently recorded two deeds of trust, and both of them were recorded in
> June 2006 in favor of New Century Mortgage Corporation (NCMC> >
> > My searches on NCMC reveal that it got into a lot of trouble and was
> prohibited from doing business in several states " including California
> " before it finally filed a liquidating Chapter 11 in April 2007. Thus
> far I have not found anything showing who bought which of NCMCs assets.
> My clients currently make their first mortgage payments to Carrington
> Mortgage and their second mortgage payments to Select Portfolio Servicing.
> However, these entities never recorded anything in the chain of title.
> Thus, the only entity that has a recorded deed of trust is an entity that
> no longer exists.
>
> >
> > Who is the defendant? And on whom should I serve the adversary
> complaint? I will, of course, serve Carrington and SPS, but the deeds of
> trust are not in their names.
> >
> > As an added wrinkle, these clients " a married couple " received
> their previous Chapter 13 discharge in April 2011. As a result, any in
> personam liability on the two mortgages was discharged. Thus, the planned
> adversary will extinguish the second mortgage altogether, without the
> debtors having to pay a penny on it.
> >
> > Is there a way to extinguish the first mortgage altogether since the in
> personam liability doesnt exist and only recorded instrument is in favor
> of a nonexistent entity?
>
> >
> > Thanks for any wisdom you can offer.
> >
> > Nick
> >
> > Nicholas Gebelt, Ph.D., J.D.
> > Board Certified Bankruptcy Specialist
> >
> >
> >
> > Law Offices of Nicholas Gebelt
> > 15150 Hornell Street
> > Whittier, CA 90604
> > Phone: 562.777.9159
> > FAX: 562.946.1365
> > Email: ngebelt@...; ngebelt@...
> > Web: www.goodbye2debt.com
> > Blog: www.southerncaliforniabankruptcylawblog.com/ http://www.southerncaliforniabankruptcylawblog.com/>
>
> >
> > We are a debt relief agency. We help people file for bankruptcy relief
> under the Bankruptcy Code.
> >
> > Confidentiality Note: This e-mail is intended only for the person or
> entity to which it is addressed and may contain information that is
> privileged, confidential, or otherwise protected from disclosure.
> Dissemination, distribution, or copying of this e-mail or the information
> herein by anyone other than the intended recipient, or an employee or agent
> responsible for delivering the message to the intended recipient, is
> prohibited. If you have received this e-mail in error, please notify us
> immediately at 562.777.9159 or e-mail info@... and
> destroy the original message and all copies.
>
> >
> > Representation Note: If you have not signed a contract of
> representation, the Law Offices of Nicholas Gebelt do not represent you,
> and this email does not contain any legal advice for you.
> >
> > IRS Circular 230 Disclosure: In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code, or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.
> >
>
>
>
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MERS is often inaccurate.For accuracy, you need a response to a QWR.On Wed, May 8, 2013 at 1:07 PM, ericbershatski <eric.bershatski@gmail.com> wrote:
Nick,
If the DOT shows a mortgage identification number (MIN) on page 1, try doing a search of that number on the MERS website:
https://www.mers-servicerid.org/sis/index.jsp
From there, I believe there might be way to find out who the investor is.
Eric
@yahoogroups.com, Nicholas Gebelt <ngebelt@...> wrote:
>
> Dear Cameron,
>
> Please do.
>
> Thanks,
>
> Nick
>
> Nicholas Gebelt, Ph.D., J.D.
> Board Certified Bankruptcy Specialist
>
> [Description: cid:image003.jpg@...]
>
> Law Offices of Nicholas Gebelt
> 15150 Hornell Street
> Whittier, CA 90604
> Phone: 562.777.9159
> FAX: 562.946.1365
> Email: ngebelt@...<mailto:ngebelt@...>; ngebelt@...<mailto:ngebelt@...>
> Web: www.goodbye2debt.com<http://www.goodbye2debt.com/>
> Blog: www.southerncaliforniabankruptcylawblog ... wblog.com/>
The post was migrated from Yahoo.

Nick,
If the DOT shows a mortgage identification number (MIN) on page 1, try doing a search of that number on the MERS website:
https://www.mers-servicerid.org/sis/index.jsp

The post was migrated from Yahoo.

Assignments of deeds of trust do not have to be recorded. See CALVO v. HSBC. The main cause of action in your adversary proceeding would be declaratory relief. I could provide you with some samples.
Cameron
Sent from my iPhone
On May 3, 2013, at 2:46 PM, Nicholas Gebelt wrote:
> Dear List mates,
>
>
>
> I have Chapter 13 clients for whom I am preparing a Lam adversary complaint (the judge is Zurzolo). My clients have given me the most recently recorded two deeds of trust, and both of them were recorded in June 2006 in favor of New Century Mortgage Corporation (NCMC).
>
>
>
> My searches on NCMC reveal that it got into a lot of trouble and was prohibited from doing business in several states including California before it finally filed a liquidating Chapter 11 in April 2007. Thus far I have not found anything showing who bought which of NCMCrrington Mortgage and their second mortgage payments to Select Portfolio Servicing. However, these entities never recorded anything in the chain of title. Thus, the only entity that has a recorded deed of trust is an entity that no longer exists.
>
>
>
> Who is the defendant? And on whom should I serve the adversary complaint? I will, of course, serve Carrington and SPS, but the deeds of trust are not in their names.
>
>
>
> As an added wrinkle, these clients a married couple received their previous Chapter 13 discharge in April 2011. As a result, any in personam liability on the two mortgages was discharged. Thus, the planned adversary will extinguish the second mortgage altogether, without the debtors having to pay a penny on it.
>
>
>
> Is there a way to extinguish the first mortgage altogether since the in personam liability doesnt exist and only recorded instrument is in favor of a nonexistent entity?
>
>
>
> Thanks for any wisdom you can offer.
>
>
>
> Nick
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Board Certified Bankruptcy Specialist
>
>
>
>
>
>
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
>
> We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
>
>
> Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
>
>
>
> Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
>
>
>
> IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
>
>

The post was migrated from Yahoo.

Hi Nicholas:
Deborah Gutierrez(310) 893-6219 and Nathan Franson (951) 520-9684 litigate in this area and can probably help.
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"
Cc: Nicholas Gebelt
Sent: Monday, May 6, 2013 3:00 PM
Subject: RE: [cdcbaa] New Century Mortgage Corporation
Dear Desiree,
I looked at the deeds of trust they are both with New Century Mortgage Corporation and neither makes any mention of MERS. I did this pretty early on in the process and was surprised by MERSs absence from the deeds.
As for Kirks suggestion, my clients are preparing a QWR to send to Carrington, the loan servicer. My reservation in pursuing this course of action was its potential for an immediate recordation of assignment, thus foreclosing any challenge to the validity of the first mortgage.
Finally, Catherine proposed filing a challenge to the chain of title. I have never done one, so I posed the following questions to her, that I now submit to the Listserve:
First, have any of you done a challenge to the chain of title? If so, do you have an exemplar I can use?
Second, what is the appropriate venue for this action? While I would prefer to do everything in the Bankruptcy Court, in light of Stern v. Marshall, 131 S.Ct. 2594, 180 L.Ed.2d 475 (2011) it is unclear whether that court has jurisdiction over the matter. I would argue that since the matter concerns the ownership of estate property, it is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(K), but Stern has created some ambiguity on the authority of bankruptcy judges. Your thoughts?
I have done a fair amount of research and found no cases that appear to deal with the oddity in this case, i.e., that the last recordings were the two NCMC deeds of trust, and NCMC no longer appears to exist. No assignment has been recorded. The NCMC Chapter 11 has vast paper work, and I have not found anything that identifies the entities that bought my clients mortgages. My clients want to know who will have the authority to reconvey once they have made all of their payments. They donthat no one has the authority to reconvey.
Thanks for your collective wisdom (I say as a noncollectivist).
Nick
Nicholas Gebelt, Ph.D., J.D.
Board Certified Bankruptcy Specialist
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. at 562.777.9159 or e-mail info@gebeltlaw.comand destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Desiree Causey
Sent: Monday, May 06, 2013 12:46 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] New Century Mortgage Corporation
Have you checked with MERS? If you look at the recorded DOT, there might be a reference to MERS as the nominee for the Lender.
Here is the most recent MERS contact info I have:
MERS
P. O. Box 2026
Flint, Michigan 48501-2026
888-679-MERS
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended
recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Nicholas Gebelt
Sent: Friday, May 03, 2013 2:46 PM
To: cdcbaa@yahoogroups.com
Cc: Nicholas Gebelt
Subject: [cdcbaa] New Century Mortgage Corporation
Dear List mates,
I have Chapter 13 clients for whom I am preparing a Lam adversary complaint (the judge is Zurzolo). My clients have given me the most recently recorded two deeds of trust, and both of them were recorded in June 2006 in favor of New Century Mortgage Corporation (NCMC).
My searches on NCMC reveal that it got into a lot of trouble and was prohibited from doing business in several states including California ments to Carrington Mortgage and their second mortgage payments to Select Portfolio Servicing. However, these entities never recorded anything in the chain of title. Thus, the only entity that has a recorded deed of trust is an entity that no longer exists.
Who is the defendant? And on whom should I serve the adversary complaint? I will, of course, serve Carrington and SPS, but the deeds of trust are not in their names.
As an added wrinkle, these clients a married couple received their previous Chapter 13 discharge in April 2011. As a result, any in personam liability on the two mortgages was discharged. Thus, the planned adversary will extinguish the second mortgage altogether, without the debtors having to pay a penny on it.
Is there a way to extinguish the first mortgage altogether since the in personam liability doesnt exist and only recorded instrument is in favor of a nonexistent entity?
Thanks for any wisdom you can offer.
Nick
Nicholas Gebelt, Ph.D., J.D.
Board Certified Bankruptcy Specialist
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. at 562.777.9159 or e-mail info@gebeltlaw.comand destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

The post was migrated from Yahoo.

Dear Desiree,
I looked at the deeds of trust - they are both with New Century Mortgage Corporation - and neither makes any mention of MERS. I did this pretty early on in the process and was surprised by MERS's absence from the deeds.
As for Kirk's suggestion, my clients are preparing a QWR to send to Carrington, the loan servicer. My reservation in pursuing this course of action was its potential for an immediate recordation of assignment, thus foreclosing any challenge to the validity of the first mortgage.
Finally, Catherine proposed filing a challenge to the chain of title. I have never done one, so I posed the following questions to her, that I now submit to the Listserve:
First, have any of you done a challenge to the chain of title? If so, do you have an exemplar I can use?
Second, what is the appropriate venue for this action? While I would prefer to do everything in the Bankruptcy Court, in light of Stern v. Marshall, 131 S.Ct. 2594, 180 L.Ed.2d 475 (2011) it is unclear whether that court has jurisdiction over the matter. I would argue that since the matter concerns the ownership of estate property, it is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(K), but Stern has created some ambiguity on the authority of bankruptcy judges. Your thoughts?
I have done a fair amount of research and found no cases that appear to deal with the oddity in this case, i.e., that the last recordings were the two NCMC deeds of trust, and NCMC no longer appears to exist. No assignment has been recorded. The NCMC Chapter 11 has vast paper work, and I have not found anything that identifies the entities that bought my clients' mortgages. My clients want to know who will have the authority to reconvey once they have made all of their payments. They don't want to make mortgage payments for many years and then find out that no one has the authority to reconvey.
Thanks for your collective wisdom (I say as a noncollectivist).
Nick
Nicholas Gebelt, Ph.D., J.D.
Board Certified Bankruptcy Specialist
[Description: cid:image003.jpg@01CC076B.B14D73C0]
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

The post was migrated from Yahoo.

Have you checked with MERS? If you look at the recorded DOT, there might be
a reference to MERS as the nominee for the Lender.
Here is the most recent MERS contact info I have:
MERS
P. O. Box 2026
Flint, Michigan 48501-2026
888-679-MERS
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
Any tax advice contained in the body of this e-mail (and any attachments
thereto) was not intended or written to be used, and cannot be used, by the
recipient for the purpose of avoiding penalties that may be imposed under
the Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.

The post was migrated from Yahoo.

Dear Nick,
Have your clients send the servicers a Qualified Written Request under
RESPA.
Send them certified mail.
Email me off list if you want a sample.
On Fri, May 3, 2013 at 2:46 PM, Nicholas Gebelt wrote:
> **
>
>
> Dear List mates,****
>
> ** **
>
> I have Chapter 13 clients for whom I am preparing a *Lam *adversary
> complaint (the judge is Zurzolo). My clients have given me the most
> recently recorded two deeds of trust, and both of them were recorded in
> June 2006 in favor of New Century Mortgage Corporation (NCMC). ****
>
> ** **
>
> My searches on NCMC reveal that it got into a lot of trouble and was
> prohibited from doing business in several states including California before it finally filed a liquidating Chapter 11 in April 2007. Thus far I
> have not found anything showing who bought which of NCMCs assets. My
> clients currently make their first mortgage payments to Carrington Mortgage
> and their second mortgage payments to Select Portfolio Servicing. However,
> these entities never recorded anything in the chain of title. Thus, the
> only entity that has a recorded deed of trust is an entity that no longer
> exists.****
>
> ** **
>
> Who is the defendant? And on whom should I serve the adversary
> complaint? I will, of course, serve Carrington and SPS, but the deeds of
> trust are not in their names.****
>
> ** **
>
> As an added wrinkle, these clients a married couple received their
> previous Chapter 13 discharge in April 2011. As a result, any *in
> personam* liability on the two mortgages was discharged. Thus, the
> planned adversary will extinguish the second mortgage altogether, without
> the debtors having to pay a penny on it. ****
>
> ** **
>
> Is there a way to extinguish the first mortgage altogether since the *in
> personam* liability doesnt exist and only recorded instrument is in
> favor of a nonexistent entity?****
>
> ** **
>
> Thanks for any wisdom you can offer.****
>
> ** **
>
> Nick****
>
> ** **
>
> Nicholas Gebelt, Ph.D., J.D.****
>
> Board Certified Bankruptcy Specialist****
>
> ** **
>
> [image: Description: cid:image003.jpg@01CC076B.B14D73C0]****
>
> ** **
>
> Law Offices of Nicholas Gebelt****
>
> 15150 Hornell Street****
>
> Whittier, CA 90604****
>
> Phone: 562.777.9159****
>
> FAX: 562.946.1365****
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com****
>
> Web: www.goodbye2debt.com****
>
> Blog: www.southerncaliforniabankruptcylawblog.com/****
>
> ** **
>
> *We are a debt relief agency. We help people file for bankruptcy relief
> under the Bankruptcy Code.*
>
> ** **
>
> *Confidentiality Note*: This e-mail is intended only for the person or
> entity to which it is addressed and may contain information that is
> privileged, confidential, or otherwise protected from disclosure.
> Dissemination, distribution, or copying of this e-mail or the information
> herein by anyone other than the intended recipient, or an employee or agent
> responsible for delivering the message to the intended recipient, is
> prohibited. If you have received this e-mail in error, please notify us
> immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the
> original message and all copies.****
>
> ** **
>
> *Representation Note*: If you have not signed a contract of
> representation, the Law Offices of Nicholas Gebelt do not represent you,
> and this email does not contain any legal advice for you.****
>
> ** **
>
> *IRS Circular 230 Disclosure: *In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code, or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.*
> ***
>
>
>
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Dear Nick,Have your clients send the servicers a Qualified Written Request under RESPA.Send them certified mail. Email me off list if you want a sample.
On Fri, May 3, 2013 at 2:46 PM, Nicholas Gebelt <ngebelt@gebeltlaw.com> wrote:
Dear List mates,
I have Chapter 13 clients for whom I am preparing a
Lam adversary complaint (the judge is Zurzolo). My clients have given me the most recently recorded two deeds of trust, and both of them were recorded in June 2006 in favor of New Century Mortgage Corporation (NCMC).
My searches on NCMC reveal that it got into a lot of trouble and was prohibited from doing business in several states

The post was migrated from Yahoo.

Hi Nicholas:
Seems like you may want to challenge the chain of title. I am having trouble uploading pdf on my yahoo email today so I will send you the bankruptcy documents from the New Century case in California from my Gmail account.
Here is a link to the trust website.
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"
Cc: Nicholas Gebelt
Sent: Friday, May 3, 2013 2:46 PM
Subject: [cdcbaa] New Century Mortgage Corporation
Dear List mates,
I have Chapter 13 clients for whom I am preparing a Lam adversary complaint (the judge is Zurzolo). My clients have given me the most recently recorded two deeds of trust, and both of them were recorded in June 2006 in favor of New Century Mortgage Corporation (NCMC).
My searches on NCMC reveal that it got into a lot of trouble and was prohibited from doing business in several states including California ts to Carrington Mortgage and their second mortgage payments to Select Portfolio Servicing. However, these entities never recorded anything in the chain of title. Thus, the only entity that has a recorded deed of trust is an entity that no longer exists.
Who is the defendant? And on whom should I serve the adversary complaint? I will, of course, serve Carrington and SPS, but the deeds of trust are not in their names.
As an added wrinkle, these clients a married couple received their previous Chapter 13 discharge in April 2011. As a result, any in personam liability on the two mortgages was discharged. Thus, the planned adversary will extinguish the second mortgage altogether, without the debtors having to pay a penny on it.
Is there a way to extinguish the first mortgage altogether since the in personam liability doesnt exist and only recorded instrument is in favor of a nonexistent entity?
Thanks for any wisdom you can offer.
Nick
Nicholas Gebelt, Ph.D., J.D.
Board Certified Bankruptcy Specialist
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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The post was migrated from Yahoo.

Dear List mates,
I have Chapter 13 clients for whom I am preparing a Lam adversary complaint (the judge is Zurzolo). My clients have given me the most recently recorded two deeds of trust, and both of them were recorded in June 2006 in favor of New Century Mortgage Corporation ("NCMC").
My searches on NCMC reveal that it got into a lot of trouble and was prohibited from doing business in several states - including California - before it finally filed a liquidating Chapter 11 in April 2007. Thus far I have not found anything showing who bought which of NCMC's assets. My clients currently make their first mortgage payments to Carrington Mortgage and their second mortgage payments to Select Portfolio Servicing. However, these entities never recorded anything in the chain of title. Thus, the only entity that has a recorded deed of trust is an entity that no longer exists.
Who is the defendant? And on whom should I serve the adversary complaint? I will, of course, serve Carrington and SPS, but the deeds of trust are not in their names.
As an added wrinkle, these clients - a married couple - received their previous Chapter 13 discharge in April 2011. As a result, any in personam liability on the two mortgages was discharged. Thus, the planned adversary will extinguish the second mortgage altogether, without the debtors having to pay a penny on it.
Is there a way to extinguish the first mortgage altogether since the in personam liability doesn't exist and only recorded instrument is in favor of a nonexistent entity?
Thanks for any wisdom you can offer.
Nick
Nicholas Gebelt, Ph.D., J.D.
Board Certified Bankruptcy Specialist
[Description: cid:image003.jpg@01CC076B.B14D73C0]
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

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