Motions for Relief from Stay with inaccurate foreclosure
Posted: Tue May 11, 2010 9:06 pm
I shall try it. Hope I have the Courtroom skills for it. Thanks for the
tip.
On Tue, May 11, 2010 at 8:57 PM, warren brown wrote:
>
>
> I didn't say I "think" it will work. I do it on a regular basis. I only say
> it is "almost guaranteed" to work because not everyone has good courtroom
> skills. You need to know your judge, know your opponent, and be able to sell
> it. If you don't think it will work, it won't. And no lender is going to
> proceed with a sale before the date indicated in the order. That's why they
> call it an order.
>
> ------------------------------
> To: cdcbaa@yahoogroups.com
> Date: Tue, 11 May 2010 19:11:18 -0700
> Subject: Re: [cdcbaa] Motions for Relief from Stay with inaccurate
> foreclosure information
>
>
> I don't think that will work. The banks will just go forward with the
> foreclosure sale. To make something of this issue, you'd have to file a
> complaint for wrongful foreclosure arguing the fact that the bank itself
> said that no NOD had been served and recorded lulled the debtorinto not
> doing anything to protect its rights in the property - however; I don't
> think this is a winning argument either. Bank will say the debtor received
> the NOD and had the burden to appraise himself of the sale date, etc.
>
> On Tue, May 11, 2010 at 5:08 PM, warren brown wrote:
>
>
>
> Almost guaranteed to work: Appear at the hearing and indicate that you have
> no basis for opposition, but because the Debtor is working on .... loan mod,
> refi, writ of habeus corpus, devine intervention, whatever...some time is
> needed. Because the lender has indicated that in fact no foreclosure has
> commenced, you will stip to relief but no actual sale for the number of days
> needed to complete a foreclosure from N.O.D. through sale. I would be
> careful about putting the flaw into a written opposition, because you will
> tip your hand. Our judges are proud and very protective of their forms, and
> a declaration under penalty of perjury should mean something. Try it. You
> should like it. WB
>
>
> ------------------------------
> To: cdcbaa@yahoogroups.com
> Date: Tue, 11 May 2010 13:51:17 -0400
> Subject: RE: [cdcbaa] Motions for Relief from Stay with inaccurate
> foreclosure information
>
>
> It is not uncommon to receive Motions for Relief from Stay on real
> property where the form Declaration contains inaccurate or incomplete
> information regarding the status of the foreclosure. Often when a Notice of
> Default and/or Notice of Trustee's Sale *has* been recorded pre-petition,
> Sections 8(h) and 8(i) of the form Declaration will be blank or state
> "N/A". Today I was served with a Motion for Relief from Stay (from a very
> good creditor firm) where a Notice of Default and Notice of Trustee's Sale
> had been recorded pre-petition, and the form Declaration states "None
> Recorded" for both.
>
>
> Is there anything which can/should be done about these inaccurate Motions,
> assuming no other basis to oppose relief? I remember I once filed a brief
> Opposition in front of Judge Russell bringing it to his attention, and he
> took a "no harm, no foul" approach and granted the Motion. Any thoughts?
> Keith H., what is your experience in such situations in front of the Los
> Angeles judges?
>
> Jim
>
> James R. Selth
> Weintraub & Selth, APC
> 12121 Wilshire Boulevard, Suite 1300
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
>
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>
>
> ------------------------------
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