IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
ANTHONY TARANTOLA, Case No. 4:09-bk-09703-EWH
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee in trust for the
Certificateholders for Argent Securities MEMORANDUM DECISION
Certificates, Series 2004-W8, its assignees
ANTHONY TARANTOLA, Debtor; and
DIANNE C. KERNS, Chapter 13 Trustee,
Yet again, the court is called upon to decide whether the purported holder of a note allegedly transferred into a securitized mortgage pool has standing to obtain relief from the automatic stay. Yet again, the movant has failed to demonstrate that it has standing. To make matters worse, the movant filed its motion without evidentiary support of its claim, attempted to create such evidentiary support after the fact, and only disclosed its “real” evidence on the day of the final evidentiary hearing. The relief will be denied.
…because of the tortured history of the filings made by Deutsche, Deutsche, its servicer, and its counsel must be certain that any future pleadings are filed only after adequate due diligence is undertaken to assure that the pleadings are correct. Given the deficient and misleading nature of Deutsche’s filings, the court seriously considered issuing an order to show cause as to why sanctions should not be imposed on Deutsche, its servicer, and its lawyers, especially in light of the fact that sanctions were entered by another court, involving Deutsche, AHMSI and counsel, for conduct similar to the facts in this case. See In re Lee 408 B.R. 893 (Bankr. C.D. Cal. 2009). Because the court is mindful of the stress confronted by all parties in consumer cases, no sua sponte sanctions order will be issued. Deutsche, AHMSI and counsel should, however, treat this decision as a warning. If, in the future, the court is confronted with filings as deficient and incorrect as filed in this case, the court will issue an order to show cause and consider imposing sanctions including, but not limited to, an award of fees to debtors’ counsel for having to oppose motions filed without proper evidence or worse with improper evidence.
Check out the entire order below…