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LETTER TO AZ ATTORNEY GENERAL HORNE RE: VASQUEZ CERTIFIED QUESTION

LETTER TO AZ ATTORNEY GENERAL HORNE RE: VASQUEZ CERTIFIED QUESTION


REQUIRED READING.

 

RE:

Brief of Amicus Curiae State of Arizona, Constituting the Opinion of the Arizona Attorney General, to the Arizona Supreme Court in Vasquez Deutsche Bank National Trust Company, as Trustee for Saxon Asset Securities Trust 2005-3; Saxon Mortgage, Inc. (“DBNTC”), No. CV 11-0091-CQ (Ariz. S. Ct. 2011), Certified Question from Bankruptcy Case, In re Vasquez, 4:08-bk-15510-EWH (Bky. D. Ariz Tucson)

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AZ AG Horne Files Amicus Brief With Supreme Court Favoring Homeowners – IN RE: VASQUEZ

AZ AG Horne Files Amicus Brief With Supreme Court Favoring Homeowners – IN RE: VASQUEZ


Read this entirely. It’s all about the TITLE today, tomorrow and the future to come.

H/T ForeclosureBlues & LivingLies

CASE IS SCHEDULED FOR ORAL ARGUMENT ON SEPTEMBER 22, 20011 IN TUCSON, AZ. CONTRARY TO RUMOR, DO NOT EXPECT A RULING FROM THE COURT ON THAT DATE. THE SUPREME COURT OF ARIZONA WILL TAKE AS MUCH TIME AS IT NEEDS TO MAKE THE DECISION.

JUDGE HOLLOWELL HAS CERTIFIED TWO QUESTIONS ESSENTIAL TO THE OUT COME OF HUNDRED OF THOUSANDS OF FORECLOSURE CASES. ATTORNEY GENERAL THOMAS C HORNE HAS SUBMITTED AN AMICUS (FRIEND OF THE COURT) BRIEF ADVOCATING A FAVORABLE RESULT FOR THE PROTECTION OF THE TITLE SYSTEM, THE MARKETPLACE AND BORROWERS.

The case is Julia Vasquez v Deutsch Bank National Trust Company, as Trustee for Saxon Asset Securities Trust 2005-3; Saxon Mortgage, Inc., and Saxon Mortgage Services, Inc. Supreme Court Case No CV 11-0091-CQ, U.S. Bankruptcy Court Case No: 4:08-bk-15510-EWH. Assisting in the writing of the Amicus Brief were Carolyn R. Matthews, Esq., Dena R. Epstein, Esq., and Donnelly A. Dybus, Esq..

In a a very well -written and well reasoned brief, the Arizona Attorney general takes and stand and makes a very persuasive case contrary to the tricks and shell games of the pretender lenders. It also addresses head-on the contention that that a negative ruling to the banks will cause financial disaster. Just as we have been saying for years here on these pages, the AG makes short shrift of that argument. And the AG takes the bank to task on their “spin” that stopping the foreclosures will have a chilling effect on the housing market and therefore the economy. The absurdity of both positions is exposed for what they are — naked aggression and greed justifying the means to defraud and corrupt the entire housing market, financial industry and the whole of the consumer buying base in this and other countries.

Of particular note is the detailed discussion in the Amicus Brief regarding the recordation of interests in real property. While the brief does not directly attach perfection of liens that violate the provisions of Arizona Statutes, the implications are clear: If the public record does not contain adequate disclosure as to the identity of the interested parties, the document is neither properly recorded, nor is the party seeking to enforce such a document entitled to use that document as though it had been recorded.

The use of a double nominee method of identifying the straw-man beneficiary (usually MERS) and a straw-man “lender” (usually the mortgage originator  that was acting only as a conduit or broker) leaves the public without any knowledge as to the identities of the real parties in interest. In the case of a mortgage lien, if it is impossible to know the identity of the party who can satisfy the lien, then the lien is not perfected. The same reasoning holds true with any other document required to be recorded, to wit:

PUBLIC POLICY OF ARIZONA AGAINST FORECLOSURES: The AG also meets head on the obvious bias in the courts in which the assumption is made that that it is somehow better for society to speed along the foreclosures. Not so, says the AG:

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IN RE: VASQUEZ | ORDER CERTIFYING STATE LAW QUESTIONS TO THE ARIZONA 16 V. SUPREME COURT “Who Owns the Note?”

IN RE: VASQUEZ | ORDER CERTIFYING STATE LAW QUESTIONS TO THE ARIZONA 16 V. SUPREME COURT “Who Owns the Note?”


Show some love to Judge Eileen W. Hollowell!

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA

JULIA V. VASQUEZ,
Plaintiff

vs.

SAXON MORTGAGE, INC.;
SAXON MORTGAGE SERVICES,
INC.; DEUTSCHE BANK
NATIONAL TRUST COMPANY
AS TRUSTEE FOR SAXON
ASSET SECURITIES TRUST
2005-3
Defendants.


EXCERPT:

The Certifying Court has reviewed the proposals by the parties and certifies the following questions to the Arizona Supreme Court under A.R.S. § 12-1861 and Ariz. S. Ct. Rule 27(a)(3)(A):

(1) Is the recording of an assignment of deed of trust required prior to
the filing of a notice of trustee’s sale under A.R.S. § 33-808 when
the assignee holds a promissory note payable to bearer?

(2) Must the beneficiary of a deed of trust being foreclosed pursuant to
A.R.S. § 33-807 have the right to enforce the secured obligation?


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AZ Bankruptcy Judge Eileen W. Hollowell Sanctions Tiffany & Bosco, Saxon Mortgage

AZ Bankruptcy Judge Eileen W. Hollowell Sanctions Tiffany & Bosco, Saxon Mortgage


Hat Tip to a subscriber on this!

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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Posted in bankruptcy, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, sanctioned, STOP FORECLOSURE FRAUDComments (2)

Another ARIZONA BEAT DOWN from U.S. BK Judge EILEEN W. HOLLOWELL! In RE: JULIA V. VASQUEZ

Another ARIZONA BEAT DOWN from U.S. BK Judge EILEEN W. HOLLOWELL! In RE: JULIA V. VASQUEZ


DinSFLA here: Notice the address Saxon Mortgage Services, Inc. 1270 Northland Drive., Suite 200 Mendota Heights, MN 55120….THIS IS Lender Processing Services address in which I wrote about in this post below..

LENDER PROCESSING SERVICES (LPS) BUYING UP HOMES AT AUCTIONS? Take a look to see if this address is on your documents!

TO: Saxon Mortgage Services, Inc. (“Saxon”) Natalia Shasko, Corey M. Robertus, Tiffany & Bosco, Mark Bosco, Leonard J. McDonald, Jr.

YOU ARE HEREBY ORDERED to appear before this court on Thursday, September 2, 2010 at 1:30 p.m., U.S. Bankruptcy Court, 38 South Scott Avenue, Courtroom 446, Tucson, AZ 85701 and show cause, if any, why sanctions should not be imposed on you pursuant to Fed. R. Bankr. P. 9011, 3001, Local Bankruptcy Rules 4001(e) and 9011-1 and 11 U.S.C. § 105 for the following conduct relating to a proof of claim (“POC”) filed on November 28, 2008, and a Motion for Relief from Stay (“MRS”) filed on January 6, 2009:?

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Posted in conspiracy, CONTROL FRAUD, corruption, deutsche bank, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Lender Processing Services Inc., LPS, saxon mortgage, securitization, servicers, STOP FORECLOSURE FRAUD, trusteeComments (2)


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