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JODI MATT V HSBC, NEW CENTURY MORTGAGE, BOA, WELLS FARGO,DEUTSCHE, HOME EQUITY et al

JODI MATT V HSBC, NEW CENTURY MORTGAGE, BOA, WELLS FARGO,DEUTSCHE, HOME EQUITY et al

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Published by 83jjmack

look in ScribD here for the decision in favor of homeowner

http://www.scribd.com/doc/120655067/WIN-FOR-HOMEOWNER-HSBC-BANK-USA-V-JODI-B-MATT-JAN-14-2013



"Uncontrovertibly, the assignment of the Matt loan was not made in accordance with the terms of the trust. Under 860D of the United States Tax Code (Real Estate Mortgage Investment Conduit provision), there could not be any additional assignments of mortgages to the Trust after the "Closing Date". The result is that the assignment of the Matt loan is fatally defective as it was not assigned to the Trust under its terms. See Hecht v. Malley, 265 U.S. 144 (1923)"





ALERT: NEW CENTURY MORTGAGE IS STILL IN DELAWARE BANKRUPTCY AS OF JAN 16 2013. SUGGEST YOU CONSULT AN ATTORNEY TO DETERMINE IF YOU MIGHT HAVE A CLAIM. THERE ARE MANY HOMEOWNER/BORROWERS STILL FILING LATE CLAIMS AND CHALLENGING THE BAR DATE NOTICE. ALSO PLEASE RESEARCH THE WRIGHT V OWENS CORNING THRID CIRCUIT APPEAL DECISION. FYI- A WRIT OR CERTIORARI HAS BEEN NOW FILED AT THE US SUPREME COURT.

look in ScribD here for the decision in favor of homeowner

http://www.scribd.com/doc/120655067/WIN-FOR-HOMEOWNER-HSBC-BANK-USA-V-JODI-B-MATT-JAN-14-2013



"Uncontrovertibly, the assignment of the Matt loan was not made in accordance with the terms of the trust. Under 860D of the United States Tax Code (Real Estate Mortgage Investment Conduit provision), there could not be any additional assignments of mortgages to the Trust after the "Closing Date". The result is that the assignment of the Matt loan is fatally defective as it was not assigned to the Trust under its terms. See Hecht v. Malley, 265 U.S. 144 (1923)"





ALERT: NEW CENTURY MORTGAGE IS STILL IN DELAWARE BANKRUPTCY AS OF JAN 16 2013. SUGGEST YOU CONSULT AN ATTORNEY TO DETERMINE IF YOU MIGHT HAVE A CLAIM. THERE ARE MANY HOMEOWNER/BORROWERS STILL FILING LATE CLAIMS AND CHALLENGING THE BAR DATE NOTICE. ALSO PLEASE RESEARCH THE WRIGHT V OWENS CORNING THRID CIRCUIT APPEAL DECISION. FYI- A WRIT OR CERTIORARI HAS BEEN NOW FILED AT THE US SUPREME COURT.

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Published by: 83jjmack on Jan 16, 2013
Copyright:Attribution Non-commercial

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12/18/2014

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Case 1:10-cv-11621 Document 1 Filed 09/23/10 Page 3 of 70
Case 1:10-cv-11621-PBS Document 1 Filed 09/23/10 Page 1 of 68
 
Case 1:10-cv-11621 Document 1 Filed 09/23/10 Page 4 of 70
Case 1:10-cv-11621-PBS Document 1 Filed 09/23/10 Page 2 of 68
 
Case 1:10-cv-11621 Document 1 Filed 09/23/10 Page 5 of 70
Case 1:10-cv-11621-PBS Document 1 Filed 09/23/10 Page 3 of 68

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