Anony, Good for you!!!! Hope you can beat the crooks and sheisters, the pretender lenders!!!! Fight the good fight America!!!!!!

Thanks for the post. My attorney is using this document and information in a motion to dismiss defending an alleged assignment and subsequent suit by Chase to collect a business line of credit debt (BLOC) loan on which I’m a personal guarantor. They’ve moved for summary judgement without even providing a copy of the note–just very poor, unreadable copies of so-called purchase and assignment documents dated back in 2008. They filed suit against me and the company in 2/2010– many months before this transaction was “finalized”. I’ll let you know how it goes.

88492 %%PopBop &&*

Mike,

I’ve tried contacting you the email address you provided me but I’ve not heard from you. I remain eager to see your analysis if you are willing to share it.

Kind regards,

Chris

send me an an email @ mike at mikemaunu.com with contact info

Mike,

I’ve got a case that is very similar to the scenario you outlined. I’d love to see the declaration that you drafted. Would you be willing to share it. I too thought it was not possible to assign the notes by operation of law and that they had to be recorded. This is fascinating.

She had a BK mill attorney she had hired who I don’t know how he had a law license except he could file documents. He filed a motion to disallow Chases’s claim and a Declaration by my girlfriend about Chase’s Lack of Standing. It was written by me and included numerous case cites, evidence statutes, etc, etc. about no wet ink note and no assignment to Chase.

The Judge totally dismisses the wet-ink note and said that Local Rule 4001 (?) allowed photocopies of the notes. The attorney never raised issue of assignment and that an assignment can’t be by operation of law but must be a legal transfer and duly recorded. They’ve had 2-years to do it.

The Judge did however appear to like the mention that the assumption had never closed. I had attached the above as an Exhibit. The attorney for Chase tried to get the doc thrown out but Judge said no. Judge then asked Chase about the doc to which replied he replied I don’t know if deal was completed. Judge then went on to bring up the Aug. 30, 2010 date and since it was Sept. 1 then they now owned the doc and had standing.

Once again her attorney never brought up the fact you can’t file a claim or a foreclosure action for a loan/DOT that you weren’t holder in due course at time of the filing. At the very least, if he bought the notion they just received standing they should have to refile.

He ruled they had standing and we bought some more time by agreeing to make a payment in three weeks.

I really thought we were going to get the Judge to at least make them get the note/DOT. Because of that I believe I made the mistake of not divulging the fact that we a title report, the prospectus, the PSA, 10K, 8K and a recent shareholder distribution report from Wells that has her loan as being in BK. In clearly shows that WAMU sold her note in 2004 and as late as May 2010 was still in the trust.

Today we received a letter from the FDIC that she filed under a FOIA request. The letter states the FDIC never received any of the notes or loan docs from WAMU. Everything went to Chase.

Is there smoke and mirrors here again somewhere? If the deal hasn’t closed and if it were to fall through how would the FDIC recover the files and docs that Chase has? If there’s no records at the FDIC as to what Chase received, how do they know what to take back?

Unfortunately, I am unable to argue this case or help with it because I’m not on the note or a party to the BK.

My question if anyone knows is, what’s the time frame to ask for a rehearing with the BK judge or can we appeal his ruling on the fact if Chase only received standing on the 30th that they would have to in fact refile or do we have to raise the issue in an AP in state court?

If she can appeal, can she raise issue of the above mentioned SEC documents and how they conflict with the fact Chase says they own the note but don’t have the note/DOT?

Thanks

http://www.marketwatch.com/investing/stock/WAMUQ

I have not visited any of these sites, but there may be more useful info if anyone is willing do some more research.