Creditor of Transferred Claim Refusal to Send Statements
Posted: Sun Apr 05, 2015 10:44 am
You could also try a RESPA request. If all else fails file a motion for
sanctions.
On Apr 3, 2015 9:37 PM, "Michael Avanesian michael@avanesianlaw.com
[cdcbaa]" wrote:
>
>
> Two ways to handle it. I would do both.
>
> First send them a demand with your position, that they are bound by the
> order and are willfully violating an order of the Court. Second, that
> you're requesting this month's mortgage statement (or whatever it is the
> addendum calls for) and that this is your official request under Rule
> 2004-1 for either production of the documents or to meet and confer
> regarding why they won't produce.
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
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> On Fri, Apr 3, 2015 at 7:01 PM, jesseelaw@aol.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> Chapter 13 case confirmed over 3 years ago with old Chapter 13 local
>> addendum requiring monthly home loan statements be issued to debtor. 1st
>> Td Chase transferred its claim to Bayview as servicer for Met Life. Debtor
>> wants monthly statements to make sure payments are being properly applied.
>> Bayview refuses to send statements maintaining (through its counsel) that
>> it is not bound by the confirmation order related to Chase. I do not
>> understand its position as it stands in Chases shoes and thus is bound by
>> the confirmation order. Now it withdrew the proof of claim after the last
>> of the arrears were paid in full through the plan last month. Not sure what
>> it is trying to accomplish in doing this, but that is the next headache.
>> Anyone else's Chapter 13 clients having similar issues with Bayview?
>>
>>
>> Mark Jessee
>>
>> (805) 497-5868
>>
>>
>
>
You could also try a RESPA request. If all else fails file a motion for sanctions.
On Apr 3, 2015 9:37 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
Two ways to handle it. I would do both.First send them a demand with your position, that they are bound by the order and are willfully violating an order of the Court. Secon
The post was migrated from Yahoo.