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PROBATE -REAL ESTATE CURE TO RESPOND TO... PROBATE -REAL

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PROBATE -REAL ESTATE CURE TO...
PROBATE -REAL ESTATE CURE TO RESPOND TO...
PROBATE -REAL ESTATE CURE TO RESPOND TO ORDER TO SHOW CAUSE
ISSUE: Show Cause Hearing Action Plan Needed given circumstances noted below.REQUESTS
1. Should I enjoin the foreclosure with the Probate Case, if so...do I use an ex parte to petition the court?
2. Can I refile the original lawsuit forfraudulent lending practices with the Probate Case or make Probate attorney aware of my discovery of these fraudulent findings?
3. What curing (modifications) options do I have available with my mother's personal home refinanced with a fraudulent predatory loan.NOTICE OF HEARING GIVEN TO OCWEN, Loan Servicing LLC
I was told the that the Order to Show Cause to the court merely wishes to know what plans the executrix has for closing the estate.BACKGROUND
I've been in probate since 2012. The home is in foreclosure and a cause for fraudulent predatory lending and abuse of a senior with an adjustable rate jumbo loan which escalated to a monthly payment she could no longer afford. The loan number and amount does not appear in the prospectus for the current Trust named as beneficiary. Ocwen is the loan servicer and does not know the owner of the mortgage note.PROPERTY STATS
The property requires $200K in repairs
The current appraisal is +$150K below market value (comps are $680K to $720K in good condition)
The demand of payment is +$820 (orig loan amount $632K ($617K at time of default))
Condition of resident makes the property fully unleasable
30 March 2017 11:02
Submitted: 7 months ago.Category: Estate Law
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Answered in 5 days by:
4/5/2017
Estate Lawyer: Irwin Law, Attorney replied 7 months ago
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,427
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Who is the plaintiff and the defendant in the foreclosure suit? What is the status of the claim for predatory lending? What is your relationship to the deceased owner and the estate proceeding?

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Customer reply replied 7 months ago
RELATIONSHIP:
Administrator of the Estate and Daughter, now remaining heir (not yet ordered by the state but released as such by +80yr old remaining siblings)CASE NO: CV11-9624-GW (JEMx)PLAINTIFF: Rosentene Bennett PurnellvsDEFENDANT: American Home Mortgage Corp. D/B/A American Brokers Conduit; American Home Mortgage Servicing, Inc; Deutsche Bank National Trust Company, As Indentured Trustee for American Home Mortgage Investment Trust 2008-1**; and 1-10CASE STATUS: Attorney supported my decision for postponing case (closing) while I focus on estate related issues. Attorney also indicated that by the time I reactivate the case, the Homeowner's Bill of Rights would be in place giving the case a more solid foundation to act on.**In 2017 I asked OCWEN who owned the note and the response on one occasion (confirmed by Deutsche saying they were only the "TRUSTEE" for the owner). Ocwen's response was that they were the servicer of the loan and Deutsche Bank was "just" the Trustee.
OCWEN told me the "Owner" of the loan/note was DEUSTCHE BANK NATIONAL TRUST COMPANY AS INDENTURED TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST-2007-1Please notice the difference in the Trust dates of 2007 (verbally stated by OCWEN RMA in year 2017) vs 2008 (noted in court case in year 2011)Thanks in advandce for your assistance and considerate time to untangle this web!
Customer reply replied 7 months ago
The April 12, 2017 Trustee Sale Date has been stopped with no new date of postponement. I requested the stop based on non-receipt of all of the QWR documents and the 4/13/2017 Show Cause Hearing.Again, thank you!
Estate Lawyer: Irwin Law, Attorney replied 7 months ago

I am not sure where this goes from here, so I will opt out at this point.

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Customer reply replied 7 months ago
When a consultant "OPT" out....what is the client to do to ensure completion of requests?
Estate Lawyer: Irwin Law, Attorney replied 7 months ago

I have reopened your question to others who may know more about handling the predatory lending aspect in conjunction with an estate proceeding.

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Customer reply replied 7 months ago
Thank you
Estate Lawyer: Irwin Law, Attorney replied 7 months ago

You might try to simplify your background info and ask specific questions about it. I have trouble understanding what has happened in court proceedings up until now. Are there three separate proceedings: 1) foreclosure; 2) probate estate; 3) suit for predatory lending? It's pretty difficult to discuss all that in this format. Telephone conference is much better (cost $59.00) and I would be happy to offer that.

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Customer reply replied 7 months ago
I understand.During the 3rd yr of Probate proceedings, a Trustee Sale Notice was received, which caused more research to discover a prior predatory lending lawsuit was in place.The lawsuit was put on hold. The QWR was issued to address the Foreclosure.
Estate Lawyer: Irwin Law, Attorney replied 7 months ago

In re-reading your question, I conclude that you are simply trying to obtain second opinions on some very complex litigation, at the least cost or no cost at all. I have to decline further participation.

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Customer reply replied 7 months ago
Sir, thank you for your participation thus far.I am actually looking for direction from someone in the arena so that I properly approach a litigant without being unorganized.Your recent assessment may seem to be a misunderstanding. Thank you for getting me this far. Writing it out allows clearer thought process and your participation this far has been supported.God Bless you and your expertise with others.
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