Home › Forums › Closed Forums › Properties or Areas › California Court Upholds MERS Standing to Foreclose
- This topic has 65 replies, 6 voices, and was last updated 13 years, 10 months ago by
bearishgurl.
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April 14, 2011 at 12:11 AM #686671April 14, 2011 at 12:15 AM #686676
CA renter
ParticipantThanks for the response, SK.
April 14, 2011 at 12:15 AM #687785CA renter
ParticipantThanks for the response, SK.
April 14, 2011 at 12:15 AM #687295CA renter
ParticipantThanks for the response, SK.
April 14, 2011 at 12:15 AM #686620CA renter
ParticipantThanks for the response, SK.
April 14, 2011 at 12:15 AM #687437CA renter
ParticipantThanks for the response, SK.
April 19, 2011 at 8:22 PM #688475Kingside
ParticipantLooks like our local Bankruptcy Court does not want to follow Gomes. See In Re Salazar:
http://www.theadvocateslaw.com/SalazarDecision.pdf
In footnote 11 of the decision, Bankruptcy Judge Mann appears to be throwing down the gauntlet and sending the message she does not really care about Gomes. So the dichotomy of how California State Courts and Bankruptcy Courts come out on MERS issues remains.
April 19, 2011 at 8:22 PM #688968Kingside
ParticipantLooks like our local Bankruptcy Court does not want to follow Gomes. See In Re Salazar:
http://www.theadvocateslaw.com/SalazarDecision.pdf
In footnote 11 of the decision, Bankruptcy Judge Mann appears to be throwing down the gauntlet and sending the message she does not really care about Gomes. So the dichotomy of how California State Courts and Bankruptcy Courts come out on MERS issues remains.
April 19, 2011 at 8:22 PM #688616Kingside
ParticipantLooks like our local Bankruptcy Court does not want to follow Gomes. See In Re Salazar:
http://www.theadvocateslaw.com/SalazarDecision.pdf
In footnote 11 of the decision, Bankruptcy Judge Mann appears to be throwing down the gauntlet and sending the message she does not really care about Gomes. So the dichotomy of how California State Courts and Bankruptcy Courts come out on MERS issues remains.
April 19, 2011 at 8:22 PM #687858Kingside
ParticipantLooks like our local Bankruptcy Court does not want to follow Gomes. See In Re Salazar:
http://www.theadvocateslaw.com/SalazarDecision.pdf
In footnote 11 of the decision, Bankruptcy Judge Mann appears to be throwing down the gauntlet and sending the message she does not really care about Gomes. So the dichotomy of how California State Courts and Bankruptcy Courts come out on MERS issues remains.
April 19, 2011 at 8:22 PM #687798Kingside
ParticipantLooks like our local Bankruptcy Court does not want to follow Gomes. See In Re Salazar:
http://www.theadvocateslaw.com/SalazarDecision.pdf
In footnote 11 of the decision, Bankruptcy Judge Mann appears to be throwing down the gauntlet and sending the message she does not really care about Gomes. So the dichotomy of how California State Courts and Bankruptcy Courts come out on MERS issues remains.
April 19, 2011 at 9:06 PM #687868bearishgurl
ParticipantKingside, I haven’t read the whole decision yet but since Salazar is presumably seeking to reinstate US Bank’s mortgage and cure the default, wouldn’t whoever the current lender is be able to get their release of the automatic stay when the Salazar BK is discharged and the debtor attempts to enter into a “repayment plan” with them?
This just seems like a delaying tactic more than anything (to avoid eviction, which is currently in suspense). And the property is located in Calexico which doesn’t bode well for having a high value or even something a lender would want to take back if they could work something out with the debtor – practically speaking.
April 19, 2011 at 9:06 PM #688485bearishgurl
ParticipantKingside, I haven’t read the whole decision yet but since Salazar is presumably seeking to reinstate US Bank’s mortgage and cure the default, wouldn’t whoever the current lender is be able to get their release of the automatic stay when the Salazar BK is discharged and the debtor attempts to enter into a “repayment plan” with them?
This just seems like a delaying tactic more than anything (to avoid eviction, which is currently in suspense). And the property is located in Calexico which doesn’t bode well for having a high value or even something a lender would want to take back if they could work something out with the debtor – practically speaking.
April 19, 2011 at 9:06 PM #687808bearishgurl
ParticipantKingside, I haven’t read the whole decision yet but since Salazar is presumably seeking to reinstate US Bank’s mortgage and cure the default, wouldn’t whoever the current lender is be able to get their release of the automatic stay when the Salazar BK is discharged and the debtor attempts to enter into a “repayment plan” with them?
This just seems like a delaying tactic more than anything (to avoid eviction, which is currently in suspense). And the property is located in Calexico which doesn’t bode well for having a high value or even something a lender would want to take back if they could work something out with the debtor – practically speaking.
April 19, 2011 at 9:06 PM #688626bearishgurl
ParticipantKingside, I haven’t read the whole decision yet but since Salazar is presumably seeking to reinstate US Bank’s mortgage and cure the default, wouldn’t whoever the current lender is be able to get their release of the automatic stay when the Salazar BK is discharged and the debtor attempts to enter into a “repayment plan” with them?
This just seems like a delaying tactic more than anything (to avoid eviction, which is currently in suspense). And the property is located in Calexico which doesn’t bode well for having a high value or even something a lender would want to take back if they could work something out with the debtor – practically speaking.
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