Evidence of lien priority for Lam Motions
Posted: Thu Jan 19, 2012 3:34 pm
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No. That is not sufficient. My experience is that Judge's want proof
of the order of recording trust deeds.
Just because the debtor thinks a trust deed is junior to another,
does not mean it was actually recorded second in time. Not to long
ago, I had a Chapter 13 case were the debtor had an equity line that
the debtor believed was in 3rd position becuase he borrowed that money
last. Once I actually obtained recorded copies, it turned out it was
in second position, because although had paid off the equity line
before he obtained a loan secured by a deed of trust from a different
lender, nevertheless the deed of trust on the equity line was never
reconveyed. When debtor later accessed it, he thought it was a new
deed of trust, but it was not. He was just accessing the credit line
that already existed. This made him ineligle to lien strip the equity
line.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
On Thu, 19 Jan 2012 15:01:02 -0800, Stephen Vokshori wrote:
Wondering if debtors declaration would be sufficient.
Behalf Of Jason Wallach
Sent: Friday, February 04, 2011 6:31 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Evidence of lien priority for Lam Motions
Or better yet, give you online access to profiles and documents.
Chicago Title can do this.
Jason
On Feb 4, 2011, at 6:16 PM, mitnicklaw@aol.com wrote:
In a message dated 2/4/2011 4:54:44 P.M. Pacific Standard Time,
mjessee@jesseelaw.com writes:
Just want to double check on evidence of lien priority in Lam
motions. I have been using copies of the respective recorded Deeds of
Trust to establish lien priority. Obtaining thes e is usually a pain in
backside as debtors are almost never provided a recorded copy and many
times the lenders take too long to file proofs of claim to timely use
the attached documents in support of the Lam motion. I have been
ordering copies from the County Recorder.
Is anyone else successfully using a different method to establish lien
priority?
Mark Jessee
Establish an account with a title company rep. If you do not ask too
often, the TC will provide them.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
start="v85vyjk0xao@webmail.mysuperpageshosting.com"
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p{margin: 0;padding: 0;}No. That is not
sufficient. My experience is that Judge's want proof of the order of
recording trust deeds.
Just because the debtor thinks a trust deed is junior to another, does not
mean it was actually recorded second in time. Not to long ago, I had a
Chapter 13 case were the debtor had an equity line that the debtor believed was
in 3rd position becuase he borrowed that money last. Once I actually
obtained recorded copies, it turned out it was in second position, because
although had paid off the equity line before he obtained a loan
secured by a deed of trust from a different lender, nevertheless the deed of
trust on the equity line was never reconveyed. When debtor later accessed
it, he thought it was a new deed of trust, but it was not. He was just
accessing the credit line that already existed. This made him
ineligle to lien strip the equity line.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)
On Thu, 19 Jan 2012 15:01:02 -0800, Stephen Vokshori
<stephen@voklaw.com> wrote:
The post was migrated from Yahoo.