NotSoGoodAtProSe

Debtor Without Lawyer Defeats Motion for Relief from Stay, Based on Lack of Standing By Craig Andresen, Minnesota Bankruptcy Attorney on Mar 29, 2009 in Featured, Foreclosure Defense, Mortgage Issues In Bankruptcy, Mortgage Servicer Abuses A Washington bankruptcy court recently agreed with a pro se debtor that mortgage servicing agents do not possess legal standing to bring relief from stay motions in chapter 13 cases. In re Jacobson, 2009 WL 567188 (Bky.W.D.Wash. March 6, 2009), involved a chapter 13 bankruptcy debtor whose mortgage servicing agent filed a motion seeking an order from the bankruptcy court that it could foreclose on the debtor’s home mortgage, based upon lack of payments. The debtor had a lawyer in the chapter 13 case, but the lawyer made no appearance. Consequently, the debtor responded to the motion on his own behalf, and argued his case in open court with no lawyer. The bankruptcy court was concerned that an out-of-state law firm had filed the motion on behalf of the mortgage servicer, but that a lawyer having no formal association with that firm appeared in court to argue the mortgage servicer’s motion. Henceforth, the court stated, it would hear no arguments from such lawyers, unless a formal notice of association were timely filed. The motion of “UBS AG, as servicing agent for ACT Properties, LLC (”Movant”),” was accompanied by an unauthenticated copy of an adjustable rate note in favor of Castle Point Mortgage, Inc.; and by a “barely legible” copy of a mortgage in favor of Castle Point Mortgage as “lender”; the beneficiary was identified as Mortgage Electronic Registration Systems, Inc. (MERS); and an apparently unrecorded “Assignment of Mortgage” to ACT Properties. The motion was also supported by a declaration (made in Irvine, California) by a “bankruptcy spe******t” that Wells Fargo Document Custody had possession of the note, mortgage, and assignment, in its Minnesota offices. The court observed that the bankruptcy spe******t had incorrectly noted the date the mortgage was signed, missing the actual date by several weeks. It appeared doubtful the bankruptcy spe******t had reliable knowledge of the mortgage or note. In denying UBS AG’s motion, the bankruptcy court stated that only a “real party in interest” could file a motion in a federal court proceeding. This was true even if the mortgage servicing agent had the power, granted to it by the owner of the mortgage, to file a bankruptcy court motion. The court held that relief from stay had to be granted to the owner of the mortgage, and therefore the motion had to be filed by the owner of the mortgage. It was not acceptable for the servicing agent to file the motion for relief from stay. Because there was no evidence before the bankruptcy court that UBS AG was the owner of the mortgage note, or that UBS AG had any authority to foreclose the mortgage, UBS AG lacked standing; it was not the real party in interest. The court ruled that UBS AG was not entitled to an order allowing it to foreclose the mortgage. http://www.mortgagelawnetwork.com/debtor-without-lawyer-defeats-motion-for-relief-from-stay-based-on-lack-of-standing/

http://ablelegalforms.com/canons/judicialcode.html CODE OF JUDICIAL CONDUCT FOR THE STATE OF FLORIDA

that might be were I messed up. I called the court, she said they would add it, I sent a copy of my notice of hearing to P, but I'm not sure I sent a copy to the court. could that be it?

I have not seen anything that says denied or dismisses....I should have a right to compel discovery? The motion to compel is gone and P added 5 more motions to the list. all mine. I would think to have 6 motions heard in 30 minutes would be a BIT MUCH?

D sends P interrogatories, P Motions with a timely general objections. P sets no hearing on the objection. D send P a request to provide discovery, and P does not answer, so D Motions to compel and has it set for hearing. THEN, P sends D a Amended Notice of hearing in where D's motion is gone and P's motions are add.

a motion to compel discovery against a plaintiff that has only objected so far and not produced anything.

Question about Hearings and Motions. Can a Plaintiff remove one of your motions that was set for a hearing? Then add other motions? How many motions can a :catholic:judge rule on in 30 minutes?

Nice find! Thanks for posting it.

I got sanctioned for not answering the interrogatories, I made a good effort to answer the questions 3 times, and provide documents but still got sanctions anyway. I can't answer questions that I have no idea of. I motioned for a more definite statement, but was denied. I hired this Goofy attorney who is sole owner of his law firm/corporation, then fired him because he would not do anything but send out settlement offers for 9 months. He also did a LOT of other stuff.and would not file a complaint. As far as I am concerned, he is a Plaintiff pro se, wether he works for his own corp or not. Right? http://thenickekonomideslitigationwebsite.blogspot.com/

In my motion regarding this, I asked for a copy of the receipts that show that he paid himself, then the Goofy lawyer motioned for protection of privileged information. His motion for protection didn't come up during the hearing . but during the hearing on my motion objecting to him being paid as a pro se, I got him to admit that he has not paid himself for time he spent in his efforts to compel discovery against me. But the:Domina:Judge still granted him the attorneys fees as sanctions anyway. iT was not reasonable costs. I wish. it was. You asked, Who executed the lawyer:lagerlouts:client agreement? if you are referring to him being a lawyer for his own corporation/lawfirm, that he owns alone. I have no idea how that would work? That's why I wanted him to show proof that he paid himself. IT'S VERY CONFUSING! I bet a HUNDRED DOLLARS that he doesn't pay taxes on the sanctions I had to pay him... 2,500.00 Thanks for the info.

as to the attorney pro se thing, I'm not sure if I just didn't submitted the right evidence or what . I'm going to try to bring this up again. Thanks!

Goofy Lawyer question Goofy lawyer has a corporation named after himself as his law firm, called ''Goofy Lawyer PA and associates LLC'' Attorneys fees are awarded to the Goofy lawyer as sanctions against the defendant. Defendant try's to get attorney fees dismissed, because the Goofy lawyer is a ''pro se Plaintiff'' suing for himself. Goofy lawyer tells the Judge that the corporation ''he owns alone'' has to be represented by an attorney and that he is it . he said this gives him the right to collect attorneys as sanctions awarded by the court. Goofy Lawyer admits during court that he didn't pay him self for the time he has spent as an attorney for his own firm in an effort to compel discovery. Now Goofy is trying to claim ''Attorney Client Privileges'' . can he do that?

separately if in Florida.

http://livinglies.files.wordpress.com/2008/07/florida-m-dismiss-jurisdiction-standing.pdf [PDF] Florida M-Dismiss Jurisdiction -StandingFile Format: PDF/Adobe Acrobat - View as HTML DEFENDANT'S MOTION TO DISMISS FOR LACK. OF SUBJECT MATTER JURISDICTION ... Florida courts rests exclusively in those persons granted by substantive law, ... livinglies.files.wordpress.com/2008/07/florida-m-dismiss-jurisdiction-standing.pdf -

That's Great!!! :punknanner:Way to GO!!! :punknanner: