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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
Date / Time / Room:
Case Number: 4:08-BK-15510-EWH Chapter: 13
Debtor: JULIA V. VASQUEZ
THURSDAY, OCTOBER 07, 2010 11:30 AM COURTROOM 430
Bankruptcy Judge: EILEEN W. HOLLOWELL
Reporter / ECR: ALICIA JOHNS
Courtroom Clerk: TERESA MATTINGLY
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
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
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Court points out that the proof of claim was never withdrawn.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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