Thursday, May 10, 2012

Davies v. Deutsche Bank filed 9th Circuit Appeal

Foreclosure Hamlet website:

Here is the file copy for Davies v. Deutsche Bank 9th Circuit Court of Appeals. Good discussions of 15 U.S.C. 1641(g) with current case law. This is the notification of the borrower to any purchase or acquiring of notes with assignments recorded or unrecorded. It should help with late assignments done in cases. This case challenge those cases if the suit is brought within 1 year and 30 days of the assignment.

Second full discussions in regards to Declaratory Relief. How, when and the supporting case laws. Ideal in BK where you want to invalidate a bogus assignment lien.

Third there is full discussions on tender in the 9th circuit. Tender is needed to set aside a foreclosure if the process is questioned. Cal. Civil C. Section 2924. The exceptions with case law are presented. These are current cases. Should help others.

Fourth, there is discussions dealing with standards of appeal, case law, motion for judgment on the pleadings. Etc.

Fifth included is a MERS Audit Trail obtained by subpoena. Deutsche Bank Subpoena, and endorsements in blank with full discussion and case laws regarding the ability for a homeowner to use the PSA not as an inter meddler, but to show that the assignments are invalid.

I hope this is helpful.

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