ONEWEST-DEUTSCH BANK RELATIONSHIP SCUTTLED BY FACTS AND ORDER DENYING MLS

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary

LIVINGLIES-GARFIELD CONTINUUM BLOG

EDITOR’S NOTE: ALL LAWYERS and ALL LITIGANTS should study these documents — all of them. Reyes is the guy in charge of asset acquisition, a fancy name for being in charge of the “trustee” functions of Deutsch Bank for securitized pools. Interesting that Deutsch doesn’t use its trust department for this function. If there really was a trust and the trustee was a real trustee, why would they put it in “asset acquisition?” The answer, as I have reported earlier, is that Reyes admits that Deutsch has nothing to do with anything and that the fiduciary functions of the Trustee are IN FACT carried out by the servicer, ONE WEST, which has ultimate decision making authority — except that they don’t.

So here is what you are left with: a Trustee that claims no power or obligation, a servicer that has no power or obligation and investors and homeowners left out in the cold. Davies nailed them on this.

LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

ONEWEST BANK FSB AND ONEWEST BANK FSB AS SERVICING AGENT FOR DEUTSCHE BANK DENIED MOTION FOR RELIEF FROM STAY.

MOTION DENIED.;

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 in Riverside California Superior Court Randall White denied an Ex Parte TRO due to it not being an emergency.

Three rounds of discovery did not produce any loan level files from NDEX, ONEWEST, MERS, UNIVERSAL AMERICAN MORTGAGE, LENNAR, THE APPRAISER JAMES J SCARCELLA, AND DEUTSCHE BANK AS TRUSTEE.

Brian had to file a bankruptcy complaint to save his home and prevent the sale. Onewest as movant filed a motion for relief from stay. Brian Objected and filed copies of such to the Office of the Comptroller of the Currency. (the OCC let Onewest answer his complaint against Deutsche Bank {wolf watching the hen house]).

THE OBJECTION TO ONEWEST THE SERVICER FOR THEIR MOTION 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 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 November 18, 2010 at the hearing 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:

NDEX WEST AS COLLECTING AGENT AND ATTORNEY FAT BOY ED TREDER AND MASUMI PATEL REPRESENTING ALL PARTIES BLOCKED ALL DISCOVERY ATTEMPTS

NDEX LETTERS TO PLAINTIFF–ALL–Letters Patel All 06-24-10

UNIVERSAL AMERICAN MORTGAGE LENNAR’S SUBSIDIARY WAS ORIGINATOR, BUILDER PREFERRED LENDERS, TRUSTEE OF THE DEED OF TRUST, SERVICING AGENT AND THE MONOPOLY LIST GOES ON AND ON.

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 FOR RECORDS IN THE BANKRUPTCY HEARING

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

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

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