Comments on: In re Hwang – An overview of motion for relief from automatic stay, real party in interest, and constitutional standing requirements in a California bankruptcy court http://www.producethenoteattorney.com/2010/05/in-re-hwang-an-overview-of-motion-for-relief-from-automatic-stay-real-party-in-interest-and-constitutional-standing-requirements-in-a-california-bankruptcy-court/ Make Your Lender Produce The Note. Predatory Lending, Foreclosure Defense & Mortgage Litigation. The Law Offices of Steven C. Vondran. Sat, 01 Oct 2011 15:35:04 -0600 http://wordpress.org/?v=2.8.6 hourly 1 By: Who is the real party in interest that can lift the automatic stay in Bankruptcy Court? One California case sheds light! : UltimateBK.com http://www.producethenoteattorney.com/2010/05/in-re-hwang-an-overview-of-motion-for-relief-from-automatic-stay-real-party-in-interest-and-constitutional-standing-requirements-in-a-california-bankruptcy-court/comment-page-1/#comment-93 Who is the real party in interest that can lift the automatic stay in Bankruptcy Court? One California case sheds light! : UltimateBK.com Tue, 03 Aug 2010 03:23:58 +0000 http://www.producethenoteattorney.com/?p=211#comment-93 [...] California BK Case (Real Party in Interest): In re Hwang, 396 B.R. 757 (C.D. California 2008). LINK:  Here is a link to the Case Analysis: http://www.producethenoteattorney.com/2010/05/in-re-hwang-an-overview-of-motion-for-relief-from-auto... [...] [...] California BK Case (Real Party in Interest): In re Hwang, 396 B.R. 757 (C.D. California 2008). LINK:  Here is a link to the Case Analysis: http://www.producethenoteattorney.com/2010/05/in-re-hwang-an-overview-of-motion-for-relief-from-auto… [...]

]]> By: Can a lender or their agent (ex, the loan servicer) pursue a non-judicial foreclose on real property via exercising the power of sale contained in the deed of trust, if the alleged creditor has only the note and no assignment and recording of the deed of http://www.producethenoteattorney.com/2010/05/in-re-hwang-an-overview-of-motion-for-relief-from-automatic-stay-real-party-in-interest-and-constitutional-standing-requirements-in-a-california-bankruptcy-court/comment-page-1/#comment-92 Can a lender or their agent (ex, the loan servicer) pursue a non-judicial foreclose on real property via exercising the power of sale contained in the deed of trust, if the alleged creditor has only the note and no assignment and recording of the deed of Mon, 19 Jul 2010 03:04:35 +0000 http://www.producethenoteattorney.com/?p=211#comment-92 [...] These cases seem to give the lenders wide latitude to just merely claim they own the note (they never want to show it) and have the Court agree that the security naturally follows (whether or not the deed of trust was assigned, acknowledged, and recorded) and that the lender therefore has standing to lift a stay in bankruptcy court.  If the lender can show proof of the original promissory note in the BK lift-stay motion, I would say I might agree.  But again, they will not want to show the note, and it is up to the BK judge to demand they show this critical piece of evidence before they allow a creditor to lift the automatic stay.  If you want legal authority take a look at In re Hwang, 396 B.R. 757 (C.D. California 2008.  I have attached a link to my case brief on this important case: http://www.producethenoteattorney.com/2010/05/in-re-hwang-an-overview-of-motion-for-relief-from-auto... [...] [...] These cases seem to give the lenders wide latitude to just merely claim they own the note (they never want to show it) and have the Court agree that the security naturally follows (whether or not the deed of trust was assigned, acknowledged, and recorded) and that the lender therefore has standing to lift a stay in bankruptcy court.  If the lender can show proof of the original promissory note in the BK lift-stay motion, I would say I might agree.  But again, they will not want to show the note, and it is up to the BK judge to demand they show this critical piece of evidence before they allow a creditor to lift the automatic stay.  If you want legal authority take a look at In re Hwang, 396 B.R. 757 (C.D. California 2008.  I have attached a link to my case brief on this important case: http://www.producethenoteattorney.com/2010/05/in-re-hwang-an-overview-of-motion-for-relief-from-auto... [...]

]]> By: Can you challenge the motion to lift the automatic stay? Understanding legal Standing and Real Party in Interest in California bankruptcy Chapter 7 :: Bankruptcy Attorneys http://www.producethenoteattorney.com/2010/05/in-re-hwang-an-overview-of-motion-for-relief-from-automatic-stay-real-party-in-interest-and-constitutional-standing-requirements-in-a-california-bankruptcy-court/comment-page-1/#comment-49 Can you challenge the motion to lift the automatic stay? Understanding legal Standing and Real Party in Interest in California bankruptcy Chapter 7 :: Bankruptcy Attorneys Tue, 01 Jun 2010 02:04:53 +0000 http://www.producethenoteattorney.com/?p=211#comment-49 [...] California BK Case (Real Party in Interest): In re Hwang, 396 B.R. 757 (C.D. California 2008). LINK:  Here is a link to the Case Analysis: http://www.producethenoteattorney.com/2010/05/in-re-hwang-an-overview-of-motion-for-relief-from-auto... [...] [...] California BK Case (Real Party in Interest): In re Hwang, 396 B.R. 757 (C.D. California 2008). LINK:  Here is a link to the Case Analysis: http://www.producethenoteattorney.com/2010/05/in-re-hwang-an-overview-of-motion-for-relief-from-auto… [...]

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