Nov 21, 2010

Brian Davies was in a California Superior Court for a wrongful foreclosure action and fraud. Between his Second and Third Amended Complaint NDEX WEST filed to sell his house.
The State Judge denied an Ex Parte TRO due to it not being an emergency. Three rounds of discovery did not produce any loan level files.

Brian had to file a bankruptcy complaint to save his home. Onewest as movant filed a motion for relief from stay. Brian Objected and filed copies to the Office of the comptroller of the currency.

HERE IS MY OBJECTION TO ONEWEST THE SERVICER FOR THEIR MOTION WITHOUT POC MOTIONOTION FOR RELIEF FROM STAY BY ONEWEST. A PARTY NOT EVEN MENTIONED IN THE CHAPTER 7 FILING. HOWEVER, MOVANT ONEWEST COMES INTO THE COURT WITH 1) NO STANDING, 2) FALSIFIED AFFIDAVITS 3) DISCOLORED NOTES NOT COPIES OF THE ORIGINALS 4) SIGNED AFFIDAVITS BY BRIAN BARNHILL THAT ARE INACCURATE 5) DEED OF TRUST THAT IS FAULTY AND NOT PERFECTED 6) A SECOND ASSIGNMENT OF THE DEED OF TRUST WHICH TRIES TO CORRECT SECURITY INTEREST AND TITLE ISSUES.. DEBTOR ASKS FOR SANCTIONS. READ THE ENTIRETY AS IT IS LISTED AS UNSECURED DEBT, ONLY ORIGINATOR IS LISTED.http://www.scribd.com/doc/39002836/ONEWEST-HAS-NO-STANDING-MOTION-FOR-RELIEF-FROM-STAY-WITH-OBJECTIONS

Onewest Bank again filed for another motion for relief using the same documents except listing movant as Onewest Bank servicing agent for Deutsche Bank. Brian filed another objection http://www.scribd.com/doc/41941285/DEBTOT-OBJECTIONS-TO-MOVANT-ONEWEST-MOTION-FOR-RELIEF-FROM-AUTOMATIC-STAY-Objection-Final-11-04-10-OBJECTION-TO-ONEWEST-MOTION-FOR-RELIEF-REDO-MOTION

Today at the hearing in front of Honorable Judge Thomas Donovan of Los Angeles denied the motion for relief. Onewest Bank FSB and Onewest Bank FSB as servicing agent for Deutsche Bank both motions for relief from stay DENIED. Order to follow:

Discovery request to Deutsche Bank—

NDEX LETTERS TO PLAINTIFF–ALL–Letters Patel All 06-24-10
Love letters from the collection agent

UNIVERSAL AMERICAN MORTGAGE DISCOVERY SETS 1 AND 2——-AND ORIGINATION DOCUMENTS FULL

DISCOVERY SET 1 UNIVERSAL AMERICAN MORTGAGE COMPANY OF CALIFORNIA—Uamcc Set Discovery

DISCOVERY SET 2 ORIGINATOR —-Universal American Discovery Part 2–LENNAR LENDER SUBSIDIARY

ORIGINATOR DOCUMENTS ALL—Universal American Docs Full Set

SUPONEAS DEUTSCHE BANK

http://www.scribd.com/doc/43063279/THIRD-PARTY-SUPONEA-IN-FEDERAL-BANKRUPTCY-COURT-Deutsche-Bank-Suponea

DEUTSCHE BANK RESPONSE TO SUPONEA

Deutsche Banks Objection to Third Party Suponea on Deutsche Bank National Trust Company as Trustee–letter From Megan 11-11-2010

MERS SUPONEAS

http://www.scribd.com/doc/43063054/THIRD-PARTY-SUPONEA-IN-THE-BANKRUCTCY-COURT-MERS-MORTGAGE-ELECTRONIC-REGISTRATION-SYSTEMS-INC-suponea-mers

DO IT DONE IT BY JAMES MCGUIRE—FANNIE MAE

Do-Did Fannie Mae–FANNIE MAE TRANSFER OF NOTES SCHEME

DEUTSCHE BANKS ANSWERS TO FORM INTERROGATORIES WITH ADMISSIONS (SECTION 17)

Deutsche Banks Response to Request for Admissions Set 3 Rfa(3)-07!21!10-(Form Int)

RENALDO REYES ANSWER TO INTERROGATORIES

FORM INTERROGATORIES ANSWER DEUTSCHE BANK NATIONAL TRUST COMPANY- Dbntc 07-21-10 Redondo Reyes

ONEWEST ANSWERS TO FORM INTERROGATORIES AND ADMISSIONS

INDYMAC OR ONEWEST RESPONSE TO FORM INTERROGATORIES AND ADMISSIONS SET 3Indymac Form Int Ad(3)

Below is the stone walling in the State Court discovery.

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PRODUCTION REQUEST SET 3

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE REQUEST FOR PRODUCTION OF DOCUMENTS SET 2

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PRODUCTION OF THE DOCUMENTS set 1

I HOPE THAT THIS INFORMATION HELPFUL FOR THOSE WHO WANT TO FIGHT.

BRIAN DAVIES