Question re: Ellen Carroll & Stipulations on unsecured
Posted: Sat Jun 12, 2010 8:55 am
They had a previous bankruptcy filing last year which was assigned to Judge
Carroll.
On Fri, Jun 11, 2010 at 10:50 AM, Eva L. Taylor wrote:
>
>
> Curious why you say before filing the BKare you certain you would get
> assigned EC? Its only a 1 in 4 shot that your clients would even end up
> having to make 2nd mtg payments (i.e. EC is assigned to the case) if they
> otherwise fit the requirements to strip that lien.
>
>
>
> If you already filed and you got EC, then yes you can always try to get a
> stip. We usually start by calling whomever is listed as the contact on the
> POC. If you havent received a POC yet then try to get in touch with OCWENs
> BK department and just be tenacious in hunting down someone at OCWEN who has
> the knowledge and authority to work out a stip. with you. It can be a very
> time-consuming task, so be prepared for that.
>
>
>
> *Eva L. Taylor, Esq.*
>
> *Borowitz & Clark, LLP*
>
> *100 N. Barranca Ave., Ste. 250*
>
> *West Covina, CA 91791*
>
> *Ph: 626-332-8600*
>
> *Fax: 626-332-8644*
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *R Grace Rodriguez
> *Sent:* Thursday, June 10, 2010 3:39 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Question re: Ellen Carroll & Stipulations on unsecured
> 2nd Mortgages with respect to Ocwen
>
>
>
>
>
> Dear Friends:
>
> I have a client that cannot afford to pay the 2nd while they go through an
> adversary proceeding. I know many of you would stop the analysis right
> there and not bother. But the debtors have little alternative but to try or
> they lose their home. So not for nothing. . . . . Does anyone have
> experience with OCWEN or any other lender in the 2nd position being willing
> to sign a stipulation *before filing the bankruptcy* regarding lien
> avoidance on 2nd lien that can be filed immediately with the bankruptcy?
> Or Can we get a temporary forbearance by the lender which would stay all
> payments pending the outcome of the adversary? Will Judge Carroll honor the
> forbearance agreement? Any other ideas to get around this rule about paying
> the 2nd mortgages while awaiting outcome of adversary?
>
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (323) 304-5496
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual named. If
> you are not the intended recipient you should not disseminate, distribute,
> store, print, copy or deliver this message. Please notify the sender
> immediately by e-mail if you have received this e-mail by mistake and delete
> this e-mail from your system.
>
>
>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete
this e-mail from your system.
They had a previous bankruptcy filing last year which was assigned to Judge Carroll.On Fri, Jun 11, 2010 at 10:50 AM, Eva L. Taylor <etaylor@blclaw.com> wrote:
Curious why you say before filing the BKare you certain you
would get assigned EC? Its only a 1 in 4 shot that your clients would even end
up having to make 2nd mtg payments (i.e. EC is assigned to the case)
If you already filed and you got EC, then yes you can always try
to get a stip. We usually start by calling whomever is listed as the contact on
the POC. If you havent received a POC yet then try to get in touch with OCWENs
BK department and just be tenacious in hunting down someone at OCWEN who has
the knowledge and authority to work out a stip. with you. It can be a very
time-consuming task, so be prepared for that.
Eva L. Taylor, Esq.
Borowitz & Clark, LLP
100 N. Barranca Ave., Ste. 250
West Covina, CA 91791
Ph: 626-332-8600
Fax: 626-332-8644
From:
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of R
Grace Rodriguez
Sent: Thursday, June 10, 2010 3:39 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Question re: Ellen Carroll & Stipulations on
unsecured 2nd Mortgages with respect to Ocwen
Dear Friends:
I have a client that cannot afford to pay the 2nd while they go through an
adversary proceeding. I know many of you would stop the analysis right
there and not bother. But the debtors have little alternative but to try
or they lose their home. So not for nothing. . . . . Does anyone
have experience with OCWEN or any other lender in the 2nd position being
willing to sign a stipulation before filing the
bankruptcy regarding lien avoidance on 2nd lien that can be
filed immediately with the bankruptcy? Or Can we get a temporary
forbearance by the lender which would stay all payments pending the outcome of
the adversary? Will Judge Carroll honor the forbearance agreement?
Any other ideas to get around this rule about paying the 2nd mortgages while
awaiting outcome of adversary?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular business
hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If you
are not the intended recipient you should not disseminate, distribute, store,
print, copy or deliver this message. Please notify the sender immediately by
e-mail if you have received this e-mail by mistake and delete this e-mail from
your system.
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (323) 304-5496NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
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