in RE: Macklin: Deutsche Must Answer Wrongful Foreclosure and Quiet Title
By Daniel Edstrom
DTC Systems, Inc.
Excerpts on Wrongful Foreclosure (changed by the Judge Sargis to Breach of Contract)
… a record has been created that someone not of record title purported to take action on a Deed of Trust prior to compliance with Civil Code 2932.5.
The court will not sanction conduct by this Defendant which puts into question the validity of the nonjudicial foreclosure process and California real property records. Though this issue could have been simply addressed by the recording of a new notice of default months ago, the ninety days under the new notice of default allowed to run and this creditor be on the door step of conducting a nonjudicial foreclosure sale consistent with the California statutes, it has elected to continue with the existing notice of default, subsequent substitution of trustee, and sale.
The contract between the parties is the Note and Deed of Trust.
Excerpt on Quiet Title
Though not artfully done, Macklin sufficiently explains that he asserts superior title to the Property over the Trustee’s Deed through which DBNTC asserts its interest in the Property. Given that Macklin has asserted that DBNTC cannot show that it complied with the minimal requirements for properly conducting a nonjudicial foreclosure sale, the motion to dismiss the Tenth Cause of Action is denied.
Download order here: http://dtc-systems.net/wp-content/uploads/2012/02/Macklin-222-Order.pdf
Download memorandum opinion and decision (part 1) here: http://dtc-systems.net/wp-content/uploads/2012/02/Macklin-221-Memorandum_Opinion_and_Decision_Part1.pdf
Download memorandum opinion and decision (part 2) here: http://dtc-systems.net/wp-content/uploads/2012/02/Macklin-221-Memorandum_Opinion_and_Decision_Part2.pdf
In RE Androes – World Savings Bank lien avoided in Kansas Bankruptcy in February 2008
By Daniel Edstrom
DTC Systems, Inc.
In this Chapter 7 bankruptcy the trustee was able to avoid the lien from a World Savings Bank loan because the mortgage acknowledgement was missing a date. As such the lien was never perfected.
Excerpt 1
Trustee Carl B. Davis seeks summary judgment on his complaint against debtor Mark Androes and World Savings Bank (“World Bank”).1 Trustee’s complaint seeks (1) to avoid World Bank’s mortgage on Androes’ homestead as unperfected because the acknowledgment of the debtor’s signature is undated and (2) to avoid as preferential World Bank’s lis pendens to the extent it attached to the home. World Bank filed a response to the Trustee’s motion and a counter motion for summary judgment.2 The Trustee filed a reply to World Bank’s response, which also served as his response to World Bank’s motion for summary judgment.3 World Bank filed a reply to the Trustee’s response to its motion for summary judgment.4 Debtor filed no response. Continue reading “In RE Androes – World Savings Bank lien avoided in Kansas Bankruptcy in February 2008” »

