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request from BofA to set aside default lien strip judgment

Posted: Mon Aug 05, 2013 10:00 am
by Yahoo Bot

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
> C 805.750.2150
>
>
>
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
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do no t read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>

The post was migrated from Yahoo.

request from BofA to set aside default lien strip judgment

Posted: Fri Aug 02, 2013 12:43 pm
by Yahoo Bot

I stood up for my client and sat down hard when Judge Riblet denied the default. As Wes said know thy judge
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
P 805.987.1400
F 805.987.2866
C 805.750.2150

The post was migrated from Yahoo.

request from BofA to set aside default lien strip judgment

Posted: Fri Aug 02, 2013 11:39 am
by Yahoo Bot

I got the same call from a new firm representing BOA. I sent her the
appraisal and asked her to send me what she had before I would stip. She
said the only reason for the them to set aside is that they don't like a
default. Their valuation is similar to mine. I told her that I would be
more than willing to set aside the default if they would stip to the
value. Otherwise, it's not in my clients best interest (even if it is in
my best interest professionally). We've gone to great lengths (and
costs) to serve the mortgage companies in accordance with rule 7004.
How many of you have had an opposition to your lien avoidance motion
filed just so that the mortgage company can get a BPO that states what
your appraisal states, only to have the mortgage company withdraw it and
stipulate to value? That just cost my client an additional hearing. And
how many of you have had a client who gets a loan mod but the mortgage
company has not amended their poc. The tee keeps paying the claim and
your client has to pay for a motion to disallow. And the motion to
disallow is opposed because they can't get in touch with the mortgage
company to amend the claim. I venture quite a few. They make us wait and
then they want debtor's counsel to stip to set aside the default because
they messed up? I for one am willing to call their bluff. They are not
going to pay for a motion to set aside the default.
Thank you,
Nancy B. Clark
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com

The post was migrated from Yahoo.

request from BofA to set aside default lien strip judgment

Posted: Fri Aug 02, 2013 11:27 am
by Yahoo Bot

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
P 805.987.1400
F 805.987.2866
C 805.750.2150

The post was migrated from Yahoo.

request from BofA to set aside default lien strip judgment

Posted: Fri Aug 02, 2013 10:52 am
by Yahoo Bot

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
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
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 <
The post was migrated from Yahoo.

request from BofA to set aside default lien strip judgment

Posted: Fri Aug 02, 2013 10:52 am
by Yahoo Bot

charsetndows-1252
They admit they screwed up, not you. No reason to set aside the default judgment. Let 'em tell the judge how they dropped the ball. You have no duty to cover their mistakes.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people in the Los Angeles area and New York City get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
1430 Broadway Ste 1802
New York NY 10018-3354
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
On 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
>
>
charsetndows-1252
They admit they screwed up, not you. No reason to set aside the default judgment. Let 'em tell the judge how they dropped the ball. You have no duty to cover their mistakes.
-------------Jay S. Fleischman, Esq.Shaev & Fleischman, LLPI help people in the Los Angeles area and New York City get smart solutions to their bill problems.
The post was migrated from Yahoo.

request from BofA to set aside default lien strip judgment

Posted: Fri Aug 02, 2013 10:43 am
by Yahoo Bot

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

The post was migrated from Yahoo.