Perils of Pooling: OneWest

Neil_GarfieldPerils of Pooling: OneWest

By Daniel Edstrom
DTC Systems, Inc.

The following article was posted by Neil F. Garfield of livinglies.wordpress.com and comes from the following URL: http://livinglies.wordpress.com/2013/07/31/perils-of-pooling-onewest/

Apparently my article yesterday hit a nerve. NO I wasn’t saying that the only problems were with BofA and Chase. OneWest is another example. Keep in mind that the sole source of information to regulators and the courts are the ONLY people who understand mergers and acquisitions. So it is a little like one of those TV shows where the only way they can get an arrest and conviction is for the perpetrator or suspect to confess. In this case, they “confess” all kinds of things to gain credibility and then lead the agencies and judicial system down a rabbit hole which is now a well trodden path. So many people have gone down that hole that most people that is the way to get to the truth. It isn’t. It is part of a carefully constructed series of complex conflicting lies designed carefully by some very smart lawyers who understand not just the law but the way the law works. The latter is how they are getting away with it.

Continue reading “Perils of Pooling: OneWest”

Join Kamala Harris and Co-Sponsor the Homeowners Bill of Rights!

Join Kamala Harris and Co-Sponsor the Homeowners Bill of Rights!

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This week, I stood with Assembly Speaker John Pérez and Senate President pro Tem Darrell Steinberg to introduce the California Homeowners Bill of Rights, which will bring fairness and transparency to mortgages in our state.

Today, I’m writing to ask your help with this work.Powerful special interests will oppose closing the mortgage loopholes that hurt homeowners. We need your help to get this bill to the governor’s desk.

Pledge to join myself and the ReFund California Coalition as a Co-Sponsor to pass the California Homeowners Bill of Rights. We’ll keep you informed and updated as the legislation advances. Continue reading “Join Kamala Harris and Co-Sponsor the Homeowners Bill of Rights!”

Pro Per Debtor Stops Attorneys for US Bank – in RE Deamicis

Pro Per Debtor Stops Attorneys for US Bank – in RE Deamicis

By Daniel Edstrom
DTC Systems, Inc.

She has been fighting toothe and nail.  Nobody was listening.  The current bankruptcy judge was skeptical when she showed up in bankruptcy.  But now his ruling on a motion for relief from stay blows the doors off her case.  It seems that bank attorneys are confused by something that should be very simple for an attorney.  The issue is who is the real party in interest?  Many have failed to comprehend what is in a name.  If a very large bank is included in the name, most just glaze over it and go right to the pleadings.  Here it is in a nutshell: US Bank, NA as Indenture Trustee is MEANINGLESS.  This is because when a trust is involved, the trust is the real party, not the bank.  US Bank is a trustee of hundreds if not thousands of trusts.  Naming them as Trustee does not identify an entity that is real.  In the debtors case, the bank foreclosed on her home in the name of US Bank as Indenture Trustee of [some Terwin Trust].  This was a non-judicial foreclosure.  In the UD (unlawful detainer), which is a judicial case to evict her, the name used was US Bank as Indenture Trustee.  The lawyers did not specify a specific trust.  She lost that case in state court and before she was evicted she filed bankruptcy.  She had to keep objecting and protesting.  Eventually the judge came to the realization that something was wrong.  In fact the judge ruled as follows: 

“The defect cannot be cured, either directly or implicitly, by any ruling this court can make on behalf of the Terwin Trust in the Second 362 Motion.”

I almost fell out of my chair when I read that.  If they put the wrong name, they have to cure the problem.  Based on my research, in a very large number of cases the wrong party is named.  Including yours truly.  Have a nice day, I know I will.

Download the case here: http://dtc-systems.net/wp-content/uploads/2011/08/in-RE-Deamicis-Real-Party-in-Interest-For-Publication.pdf