request from BofA to set aside default lien strip judgment
Posted: Mon Aug 05, 2013 10:00 am
Actually, that is basically what I did. I offered to help them do an appraisal, but the attorney declined and wanted an agreement to set aside the default first. I said I had not discussed the matter with my client and would not be comfortable doing that. She responded that they would then file their motion, I sais "OK", and that was the end of the conversation.
The kicker is that after reading all your helpful (and varied) responses to my post I decided I should at least try to continue the conversation a bit further, I realized she was off the line before I even got her name or number, that she had evidently rung in on a line where the number was not displayed on my caller id history, and was not (I was told after making the call) associated with the law firm that filed the proof of claim on behalf of BofA. So, I assume I will (or possibly will not) see a motion in the next few days.
I must confess I found it more than slightly ironic that BofA, with its recent history regarding mortgages, was asking for (and sounding like they were entitled to) a big favor after they had been served three separate times with documents evidencing the complaint and/or the motion for default, over 2 months' time, (not to mention missing the status conference), and were served by certified mail at two corporate addresses and through their designated agent for service of process at a third.
Perhaps they mistook the papers for loan modification documents.
Anyway, thank all of you who responded to my post. I greatly appreciate this group.
David Commons
>
> See if they have any evidence to contest the lien strip. In my experience, when they just get the file, they haven't even had time to look into the value of the property (typically the only way to contest the lien strip). When they take a look at the value, they may agree to leave the default judgment alone or you can agree to stipulate to a judgment on the merits with determination of value(rather than default).
>
> Frank X. Ruggier
> Price Law Group, APC
> 15760 Ventura Blvd., Suite 1100
> Encino, CA 91436
> Direct: (818) 205-2406
> Fax: (818) 907-2106
> www.pricelawgroup.com
>
Larry Webb
> Sent: Friday, August 02, 2013 11:27 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] request from BofA to set aside default lien strip judgment
>
>
> BoA did this to me, except they called two days before the hearing on the default. Judge Riblet informed me that in the 9th circuit a hearing on the merits is preferred to a technical default. I got the message.
>
> She also told the BoA attorney that she didn't condone their conduct either.
>
> BoA attorney told me he got the file the day he called me; and the BoA did not want a "default" on the record.
>
>
> Best regards
>
>
> Larry Webb
> State Bar of California 229344
> Central District California
> "A Debt Relief Agency "
> Check out my Blog
>
>
> Larry@webbklaw. com
> Law Offices of Larry Webb
> 484 Mobil Ste 43
> Camarillo Ca 93010
> &nb sp;
> P 805.987.1400
> F 805.987.2866
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>
>
>
a@yahoogroups.com] On Behalf Of Larry Simons
> Sent: Friday, August 02, 2013 10:57 AM
> To: cdcbaa@yahoogroups.com
> Subj ect: RE: [cdcbaa] request from BofA to set aside default lien strip judgment
>
>
> David Tilem is right. As a professional courtesy, it is best to stipulate as the end result will most likely be that the default is set aside.
>
>
> Even if you oppose the motion to set aside the default, Courts favor a trial on the merits and it would be inclined to set aside the default and let the adversary proceeding continue. You would have to show how your client is prejudiced i n not setting aside the default, which would be a significant hurdle to overcome.
>
a@yahoogroups.com] On Behalf Of Kirk Brennan
> Sent: Friday, August 02, 2013 10:52 AM
> To: Cdcbaa Yahoo Listserv
> Subject: Re: [cdcbaa] request from BofA to set aside default lien strip judgment
>
>
> Sounds like you handled it appropriately. I would oppose their motion to set aside judgment.
>
>
> On Fri, Aug 2, 2013 at 10:43 AM, dbcommons wrote:
>
>
> I just received a call from an attorney for BofA who asked me to stipulate to set aside a default judgment obtained in a lien-strip adversary proceeding. Everyone was properly served but she claimed the complaint was mis-routed internally. I declined, so she said they would file a motion to set aside the judgment. Any thoughts on this, it's the first time I've had such a request??
>
> Thanks in advance, David Commons
>
>
>
> --
> Kirk Brennan
>
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The post was migrated from Yahoo.