IndyMac got IndySMACK Down via Hon. Samuel J. Bufford!

From BMcDonald

This is a bankruptcy case in which IndyMac Bank wanted relief of stay so they could proceed with a foreclosure. The judge ordered them to produce the original note and deed, which they did but ended up having to admit they didn’t own them. This judge Bufford goes into great detail about the issues of “party in interest” and “real party in interest” and who has the right to foreclose. Only a party with a real investment in the property has a right to collect on the debt.

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Who’s Your Daddy 101? by: Nye Lavalle

Pay attention or get an (F) for FORECLOSURE!

Nye Lavalle Said:

This may sound crude, but it’s the only analogy that’s easy for people and judges to understand.

A woman goes to a party or is promiscuous and sleeps with 6 men in a night or week. The following week she is pregnant. There is one man who is the best looking, strongest, best shape and richest of them all, so she wants him to be the father. Two other men who find out she’s pregnant claim paternity. NOW, before the age of DNA and computers and all, it was simply someone’s word and testimony against another.

However, with the advent o DNA testing and sequencing genes, we can tell who the father is. So, a judge would understand the following:

Judge, this has been a very promiscuous note. It’s gotten around (transfered, pledged, sold, assigned) quite a bit and it never used protection (recording in public records and indorsing note). After being with at least a dozen different partners, our note is now pregnant (ripe for pay off/liquidation).

The MOM (MERS, servicers) says Daddy #1 is the daddy, but the baby (original note) has blond hair and blue eyes judge and the mom and claimed dad are both dark hair and dark eyes so we’re suspicious.

Two dark hair and brown eyes men come forward and state: Judge we both slept with this woman during the time she claimed to be pregnant. Now, 3 different men have potential paternity.

NOW, THE ONLY WAY you can determine who the father (holder in due course) is to take blood samples (accounting, servicing, custody, and investor reports and data) from EACH MAN (servicer//transferee etc..) to see who’s DNA it was and all the others to determine the dad and who owes child support.

Unless you do the DNA (forensic analyses of all docs and records), it doesn;t matter what the bank lawyers, or servicers say, it what really transpired here!

Without seeing where that NOTE (not mortgage) came on and off anyones books; how it was endorsed and when; who has possession and custody and who negotiated the note and PAID for it, you’ll never be able to answer the age old question, “WHO’S YOUR DADDY?”