New Century Mortgage Corporation
Posted: Wed May 08, 2013 2:28 pm
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
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> 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/>
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