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UNITED STATES BANKRUPTCY COURT
Minute Entry
FOR THE DISTRICT OF ARIZONA
Hearing Information:
Date / Time / Room:
Case Number: 4:08-BK-15510-EWH Chapter: 13
Debtor: JULIA V. VASQUEZ
Hearing Information:
THURSDAY, OCTOBER 07, 2010 11:30 AM COURTROOM 430
Bankruptcy Judge: EILEEN W. HOLLOWELL
Reporter / ECR: ALICIA JOHNS
Courtroom Clerk: TERESA MATTINGLY
Matter:
ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED PURSUANT TO FED. R. BANKR. P. 9011, 3001, LOCAL BANKRUPTCY RULES 4001 (e) AND 9011-1 AND 11 U.S.C. SEC. 105 FOR CONDUCT RELATED TO A PROOF OF CLAIM FILED 11/28/08 AND MOTION FOR RELIEF FROM STAY FILED ON 1/6/09. (reset from 9/2/10) R / M #: 90 / 0
Appearances:
BEVERLY B. PARKER, ATTORNEY FOR JULIA V. VASQUEZ, Appearing in Phoenix
ERIC J MCNEILUS, ATTORNEY FOR JULIA V. VASQUEZ
LEONARD MCDONALD, ATTORNEY FOR TIFFANY & BOSCO, Appearing in Phoenix
DAVID GOSS FROM SAXON MORTGAGE, ASSISTANT VICE-PRESIDENT OF BANKRUPTCY DEPARTMENT, Present in courtroom in Phoenix
Proceedings:
Mr. McDonald filed a pre-hearing statement yesterday and provides a copy to Ms. Parker.
The court expresses its concerns and explains why the order was issued.
Mr. McDonald walks the court through what he has learned about the matter. Admittedly the proof of claim nor stay relief motion were plead to say that they were done in the name of Saxon Mortgage Servicer as servicer for the beneficial interest of Deutsche.
Court asks Mr. McDonald if his office knew who held the deed of trust.
Mr. McDonald responds that the electronic referral was asked to be done in the name of Saxon. They were not prosecuting a non-judicial trustee sale. They noticed up the trustee sale in the name of Deutsche. If you look at the note and deed of trust they are in the name of Saxon Mortgage.
Court points out that the proof of claim was never withdrawn. No one had the courtesy to inform the debtor that Deutsche Bank should have been served.
Mr. McDonald responds that he did not represent Saxon in the adversary. When they received push back they did not go forward with a trustee sale or prosecute the motion for relief from stay.
Mr. David Goss is sworn and examined by the court. Ms. Parker cross-examines the witness and Mr. McDonald objects.
The witness is excused.
COURT PLACES ITS FINDINGS ON THE RECORD. SAXON TO PAY MS. VASQUEZ’S LAWYERS $5000.00 WITHIN TEN DAYS FROM TODAY OR A NOTICE OF APPEAL IS FILED.
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My wife ans myself are currently in a chapter 13 bankruptcy case. Our current attorney has been suspended by the AZ State bar. Our mortgage company is trying to defraud us out of approximately $12,000.00+ in corporate advance fees which they have refused to submit proof of the fees and claims that our escrow account is negative $6,000.00 which would mean we are more than 5 years behind in payments. We have all documents and correspondence with the mortgage company going back to 1997 when our mortgage was originated. We have made payments to the trustee since March 2010 and no pay outs have been made yet. I’m currently recovering from a bone marrow transplant for acute Leukemia. We desperately need competent honest help.
Note! Tiffany & Bosco and Mr. McDonald are the attorneys for our mortgage company and have filled erroneous proof of claims for the mortgage company claiming fees that they or their client with submit proof for. Are lawyer won’t file with the judge the proof that the fees are erroneous or their refusal telling us the bankruptcy judges aren’t interested in such things.