Bergman & Gutierrez Argues An Important Foreclosure Case Before The 9th Circuit Court of Appeals


Bergman & Gutierrez Argues An Important Foreclosure Case Before The 9th Circuit Court of Appeals

Bergman & Gutierrez Argues An Important Foreclosure Case Before The 9th Circuit Court of Appeals

Bergman & Gutierrez –

On March 4, 2014, Bergman & Gutierrez argued an important foreclosure case before the 9th Circuit Court of Appeals. Deborah Gutierrez argued Junod v. MERS et al., before a 3 judge panel of the Ninth Circuit Court of Appeals. The case involves issues similar to those in Glaski v. Bank America– whether a homeowner can challenge a foreclosure by claiming that a post-closing date transfer into a securitized trust governed by New York Trust law was void. While this issue involves a complex analysis of California law, New York trust law, and IRS codes, the issue is relatively simple. The theory advanced by the Plaintiffs in this case was that as U.S. Bank as Trustee for the CSMC Trust Mortgage Backed 2006-6 did not actually own the mortgage loan on which it foreclosed. More specifically, the Plaintiffs claimed that the Assignment of Deed of Trust, dated April 16, 2010, purporting to assign their mortgage loan to a securitized trust with a “closing date” of June 29, 2006, was void since the trust had closed years before in 2006. Thus, U.S. Bank as the trustee, could not have validly accepted the untimely transfer of the mortgage.

The plaintiffs in this case lost their home to a foreclosure in May 2011. Although plaintiffs tried to avoid foreclosure by negotiating with Wells Fargo’s servicing company, America’s Servicing Company, U.S. Bank nevertheless foreclosed and sold their home at auction. Despite seeking information from U.S. Bank and ASC concerning why ASC refused to provide them with a modification after entering into several trial loan modification plans, plaintiffs lost their home of over 25 years in March 2011.

continue to listen to B&G argue this foreclosure case [BERGMAN & GUTIERREZ]

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6 Responses to “Bergman & Gutierrez Argues An Important Foreclosure Case Before The 9th Circuit Court of Appeals”

  1. Lee Perry says:

    This should be interesting since the bulk of CA decisions regarding the right of borrower to sue to stop a non-judicial foreclosure cite federal cases interpreting CA state law. As such, they are especially non-binding to CA trial courts. However, in my county, the judges ignore the Glaski decision in favor of an appellate case that cited federal law. I hope I can find a recording of the oral arguments on the net.

    FWIW my case is in the CA Appellate hopper. It emphasizes the finality between parties in the alienation of title, and is very similar to the recent NM Supreme Court decision. [Perry v JP Morgan 1st App Dist]

  2. This is the same exact case most of the homeowners can claim. I have an investigation into the trust my loan was suppose to be entered into,. The mortgage closed in June 2006. The assignment to the trust was January 2013. After my pro se case was dismissed. Well after the ninety day NY Trust law and Securities Exchange Act allows. Which on page seven also states the trustee of the trust and the servicer are not party to the foreclosure. The Borrower is the ultimate party and the investor. [Whom has been paid off by insurance. ] due to it appears the servicers claiming false defaults on loans they are aware never entered the trust.

  3. The state of Washington has a six year statutes of limitation for a promissory note. If the trust was violated from the beginning at inception, then the note is VOID by NY Trust law and SEA law. However if not claimed by the trust until after the statutes of limitations is over, with or without NY trust law it would be past the statutes to make claims. So crazy I and millions are paying for litigation to stop this crime. Do the math. Posted in the trust for the very first time by an assignment on county records that is fraud on its face, on January 03, 2013 – June 2006. Investors have collected insurance funds which pays the debt at least once, and a debt by law can not be paid more than once,no matter who pays it. By statutes a charged off debt paid by insurance funds in a discharged debt and the statutes of limitation begins at the date of charge off. Sounds crazy but read the Kevin Trudeau debt cures book. Kevin is as picked on as conspiracy theory host are. His book is great to read. The debt collectors of charged off debt do not want you to read this book.

  4. levi says:

    The statute of limitations on fraud begins when the concealed fraud is found out. I think its getting so obvious that the corrupt lawyers involved are just impersonating public officers when the law is ignored and these crimes take place. The corruption is now institutional so that the lawyer guild is the greatest threat to society. We need skilled knowledgeable experienced people in law and teachers of law but this is an agenda when the corruption is institutionalized. Its a criminal class that “compass heaven and earth seeking disciples whom they make a twofold child of hell” and those who escape the searing of the conscience that goes for legal education today are the exception. This activity is a screening process to perpetuate a pirate ship plundering society and the rest of us do not do out due diligence to self study and learn the law so the problem is doubled in intensity. Those who took the position of judge and advocate supposedly swore a oath to do justice and when this corruption takes down society then the enemy is those holding office who said “give us the power and trust and we will see these crimes do not occur to the society and members there in”. Those of influence throwing millions out of their homes using fiat counterfeit and other fraudulent methods and knowing their intent is to destroy homelife and family are overdue retribution. When this socio-economic and political collapse comes the only means to come back out of the permanent night of gangster banks and judicial corruption is to reorganize, restablize and reestablish on a local level once again outlawing the lawyers guild. Suppression of this guild is the only safe course. It is necessary again to teach the law from the pulpit and educate western society about private property and justice. Governments are instituted to protect these fundamental duties and obligations between members of society. Gerald Celente says “when people lose everything then they lose it” and you cannot reason with a mob or with a desperate man. Like Jesus said “these be the days of vengence” and that is societal collapse. There are known results to this official corruption and we are 100 years at least in this program ever since the adoption of central banking filth.

  5. Learning2 says:

    Hey, even if the Lender (?) or Servicer is told and knows that mortgages or notes are FORGED and ALTERED, even if they didn’t do the changes/forging, they do in fact use these documents to obtain a Foreclosure Judgement.

    Knowing and using forged documents to enforce a debt is a felony.

    That’s ok…move along, nothing to see here.

  6. kurt kass says:

    if you need to verify the existence of your loan in a trust, i can probably find it and it takes maybe 5 minutes. this isn’t some kind of spammy ad because there’s no strings attached. you can email me at traderkurt at gmail.


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