Typical Last Minute Withdrawal OF Deutsch Motion

DEBTOR’S RESPONSE IN OPPOSITION TO DEUTSCHE BANK’S
REQUEST FOR RELIEF OF STAY AND MOTION TO SHOW CAUSE

Glenn E. Holden and Ann M. Holden file their RESPONSE in opposition to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-4, Asset Backed Certificates, Series 2005-4, motion for relief from stay filed on September 29, 2010, and provide the following:
JUDICIAL NOTICE
The Holdens respectfully request this Court take judicial notice of an Assignment of Mortgage that was executed on September 17, 2010, incorporated by reference to Exhibit-A, as there appears to be defalcation in progress and other improprieties before this Honorable Court, which warrant a hearing on the Holden’s Motion to Show Cause why sanctions should not be imposed against the alleged creditor and its counsel.
MEMORANDUM IN SUPPORT TO OPPOSITION
Exhibit A, Mortgage NOTE
This Mortgage NOTE was filed in Deutsche Bank’s Motion For Relief From Stay and Abandonment. This NOTE is neither Signed, and/or endorsed to Deutsche Bank.
The documents filed in this Bankruptcy Court indicate a transfer of the NOTE and the Security Agreement from MERS, as nominee for NovaStar Mortgage INC., to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4. NovaStar Mortage Inc., ceased operations in 2007. The Mortgage Assignment that was filed in this Motion state that MERS, acting as Nominee for NovaStar Mortgage Inc., was executed on September 17, 2010. This date of execution is 3 years after NovaStar Mortgage Inc., ceased operations.
The wording within the document that was filed in the Bankruptcy Court, purport that MERS has
the legal authority to transfer a Note and the Security Agreement. MERS does not the legal authority to transfer something that they do not have, which is the Note.

MERS is not a Holder and/or Owner of the Note, and MERS is not listed on the Note, EXHIBIT A.
The Chain of transfer and/or Assignment of the Note is not properly reflected in Public Records, i., e., the executed Assignment of MORTAGE, DATED: September 17, 2010, EXHIBIT B.
It appears that there has been an assumption that the mortgage assignment also assigns the Note. The Note has not been transferred or assigned.
Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 lacks standing to pursue this Motion from Relief of Stay, as they are not a Real Party in Interest, due to an improper Chain of transfer and/or Assignment of the Note to establish this entity as Holder in Due Course.

6. Exhibit B, States that Wanda Chapman, VP of MERS, signed the ASSIGNMENT OF MORTGAGE. Wanda Chapman is a JP Morgan Chase employee, as Operations Unit Manager.
A division of JP Morgan Chase is the Servicer of record for the Holden’s Mortgage.
Wanda Chapman is an agent of the Assignee, not the Assignor. Therefore, this is at best, a conflict of interest, as she is an employee of JP Morgan Chase, which is the servicing entity for Deutsche Bank, the Movant in this case.
7. October 13, 2010, The Associated Press released this statement from JP Morgan Chase.
JP Morgan Exits Electronic Mortgage Tracking System
NEW YORK–JP Morgan Chase’s CEO says the bank has stopped using the electronic mortgage tracking system used by major financial institutions. Lawyers have argued in court proceedings that the system is unable to accurately prove ownership of mortgages. JP Morgan Chase & Co. and other banks have suspended some foreclosures following allegations of paperwork problems in thousands of cases. JP Morgan’s CEO, Jamie Dimon made the announcement in a conference call Wednesday to discuss the bank’s quarterly earnings.
The Mortgage Electronic Registration System, or MERS, acts as a trading house for millions of mortgages. Lawyers for homeowners say the system lacks the required paper trail to prove mortgage ownership in foreclosure proceedings.
8. There is no evidence that MERS, as Nominee for NovaStar Mortgage Inc., ever assigned the underlying promissory Note to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4. In fact, the evidence seems to show that Deutsche Bank has no interest in the subject property, and has no standing to bring this Motion.
9. The Debtor(s) Glenn and Ann Holden, would be injured if the Motion were granted because Deutsche Bank is seeking Relief From Stay, and Abandonment on the Holdens residence. As such, the Holdens have standing to oppose this Motion.
Wherefore, the debtor(s) Glenn and Ann Holden pray this Motion be Denied.
DATED October__2010

Glenn E. Holden Ann M. Holden
___________________ __________________
Certificate Of Service
This is to certify that a true and accurate copy of the foregoing RESPONSE was served via Overnight Mail, postage prepaid on October__2010;
Stacey A. O’Staffy
Holly N. Wolf
Manley Deas Kochalski, LLC
P.O. Box 165028
Columbus, Ohio 4316-5028

November 16, 2010-The eve of the Hearing on the Motion For Relief From Stay, Deutsche filed a Motion for Withdrawal of their Motion For Relief From Stay.

November 17, 2010-NO HEARING was heard on the scheduled Hearing on the Motion For Relief From Stay.

November 20, 2010-We received a letter from our attorney forwarded from Chase, dated, November 05, 2010. This letter asks that our attorney give his permission for Chase to talk to us directly about a Reaffirmation, or to state our intentions on our property.

HOW do we fight this? HOW?

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