Address what Judge Z pointed out. You have the term of the plan to get this
resolved. The best course of action is to err on the side of providing more
notice rather than less. Get an alias summons and serve it on Deutsche Bank
as well.
On Wed, Jul 28, 2010 at 12:43 PM, Steven B. Lever wrote:
>
>
> Dear Fellow Lien Strippers:
>
> I set off to strip the 2nd mortgage originally held by IndyMac Mortgage
> some time ago. I simply served this defunct company and then realized,
> courtesy of this list serve, that I may have erred by not serving more
> entities related to that failed entity, including OneWest Bank, the
> FDIC, and Green Tree Servicing that filed a Proof of Claim in the case
> on that mortgage.
>
> I amended the complaint and got an alias summons and served it on all
> four entities. All parties have not responded, except the FDIC that
> filed a Disclaimer, just before the status conference report. The
> Disclaimer contained the line "FDIC is further informed and believes
> that the IndyMac Bank Second Deed of Trust referenced in Plaintiff's
> First Amended Complaint is now owned by Deutsche Bank and serviced by
> OneWest Bank."
>
> I went to the status conference and Judge Z said "you may have a service
> problem" yet I declined to do a further amendment based upon this
> hearsay from the FDIC, and elected instead to serve Deutsche Bank in the
> Prove Up documents. I just didn't see starting all over again based
> upon the information in the disclaimer, and have decided on this middle
> path.
>
> Does anyone have any comments on this course of action, ranging from
> disagreement this choice to other possible ways to insulate against
> future claims on this Deed of Trust in the future?
>
> Law Offices of Steven B. Lever
> >
> > Steven B. Lever
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail:
go@gobklaw.com
website:
www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
Address what Judge Z pointed out. You have the term of the plan to get this resolved. The best course of action is to err on the side of providing more notice rather than less. Get an alias summons and serve it on Deutsche Bank as well.
On Wed, Jul 28, 2010 at 12:43 PM, Steven B. Lever <
sblever@leverlaw.com> wrote:
Dear Fellow Lien Strippers:
I set off to strip the 2nd mortgage originally held by IndyMac Mortgage
some time ago. I simply served this defunct company and then realized,
courtesy of this list serve, that I may have erred by not serving more
entities related to that failed entity, including OneWest Bank, the
FDIC, and Green Tree Servicing that filed a Proof of Claim in the case
on that mortgage.
I amended the complaint and got an alias summons and served it on all
four entities. All parties have not responded, except the FDIC that
filed a Disclaimer, just before the status conference report. The
Disclaimer contained the line "FDIC is further informed and believes
that the IndyMac Bank Second Deed of Trust referenced in Plaintiff's
First Amended Complaint is now owned by Deutsche Bank and serviced by
OneWest Bank."
I went to the status conference and Judge Z said "you may have a service
problem" yet I declined to do a further amendment based upon this
hearsay from the FDIC, and elected instead to serve Deutsche Bank in the
Prove Up documents. I just didn't see starting all over again based
upon the information in the disclaimer, and have decided on this middle
path.
Does anyone have any comments on this course of action, ranging from
disagreement this choice to other possible ways to insulate against
future claims on this Deed of Trust in the future?
Law Offices of Steven B. Lever
>
> Steven B. Lever
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Phone: (888) 619-8222 x101Fax: (877) 789-5776
e-mail:
go@gobklaw.comwebsite:
www.gobklaw.comWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
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