Central District Consumer Bankruptcy Attorney's Association

Here's a thought about lien strips with J. Carroll:
What about arguing that you are not trying to strip the note .... you are
trying to strip the lien which is evidenced ... not by the note, but by the
deed of trust. The beneficiary under the deed of trust is reflected in the
title records (which should be quickly available).
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Nancy Clark
Sent: Tuesday, February 24, 2009 11:30 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Extend discovery
We filed both the request for default and Motion for Default. She denied the
Motion for Default because we had not proved that the named defendant held
the note.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
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We filed both the request for default and Motion for Default. She denied the Motion for Default because we had not proved that the named defendant held the note.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of my firm shall be understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury Department Regulations, we advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions or (ii) promoting, marketing or recommending to another party any tax-related matter addressed herein.
________________________________

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Whom do the title records show as the lienholder of record?
Your final choice is to wait until she dismisses the case and then appeal -
not much help to the client.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.

The post was migrated from Yahoo.

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Did you file a motion for entry of default, or a motion for entry of a
default judgment?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
nancybonaccorso
Sent: Monday, February 23, 2009 7:08 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Extend discovery
I was wondering what I can do about a AP I filed to strip the second
mortgage with Judge Carroll. I filed the Motion for Default and she
denied it because I did not prove that the servicer was the note
holder. I attempted to contact the creditor to reach a stip. The
creditor's attorney would not respond so we called another attorney at
the same law office and asked him to look for some help getting a
response. During that time, the period for discovery expired. When we
called the attorney helping us back, he said he wasn't able to get his
collegue to respond to us and told us that he could not help anymore.
The discovery cutoff expired a month ago. What are the chances the
Judge would grant a motion to extend the discovery period? Does anyone
have a sample motion you'd be willing to post?
Any advice would be great!
Thanks,
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
charset="windows-1251"
Message
Did you file a motion for
entry of default, or a motion for entry of a default
judgment?


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

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There may be such an opinion, but it would seem illogical. Sometimes you
need discovery to prove up your default. If suffering a default immunizes
you from discovery, then this is a unique status. Even non-parties are
subject to deposition subpoena. I suppose the argument is that a defaulted
party is NOT a party - so you have to use 3rd party discovery process, i.e.
subpoena.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.

The post was migrated from Yahoo.

Nancy,

I recall an opinion issued by Judge Bufford which stated that once you
obtained a default against a defendant, you could not proceed to propound
discovery upon them. Don't have the case cite, but you may want to be aware
of whether or not you can even propound discovery against a defaulted
defendant.

Larry
_____

The post was migrated from Yahoo.

I was wondering what I can do about a AP I filed to strip the second
mortgage with Judge Carroll. I filed the Motion for Default and she
denied it because I did not prove that the servicer was the note
holder. I attempted to contact the creditor to reach a stip. The
creditor's attorney would not respond so we called another attorney at
the same law office and asked him to look for some help getting a
response. During that time, the period for discovery expired. When we
called the attorney helping us back, he said he wasn't able to get his
collegue to respond to us and told us that he could not help anymore.
The discovery cutoff expired a month ago. What are the chances the
Judge would grant a motion to extend the discovery period? Does anyone
have a sample motion you'd be willing to post?
Any advice would be great!
Thanks,
Nancy B. Clark
Borowitz, Lozano & Clark, LLP

The post was migrated from Yahoo.