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In Re Olga D. Paredes Full Transcript - 092909

In Re Olga D. Paredes Full Transcript - 092909

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Published by Foreclosure Fraud
In Re Olga D. Paredes Full Transcript - 092909

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK

In re:
OLGA D. PAREDES,
Debtor.
Case No. 09-22261 (rdd)
New York, New York
September 29, 2009
10:19:37 a.m.

TRANSCRIPT OF CHAPTER 13 HEARING RE:

DOC 7 - CONFIRMATION HEARING;
DOC 18 - HEARING ON LOSS MITIGATION;
DOC 20 - OBJECTION TO CLAIM #4 FILED BY DAVID SHAEV ON BEHALF
OF PHH MORTGAGE CORP.;
DOC 22 - MEMORANDUM OF LAW IN OPPOSITION TO DEBTOR’S OBJECTION
TO CLAIM #4 FILED BY SHAPIRO & DICARO;
DOC 23 - AFFIDAVIT IN OPPOSITION TO DEBTOR’S OBJECTION
TO PROOF OF CLAIM #4 FILED BY SHAPIRO AND DICARO;
DOC 24 - AFFIRMATION IN OPPOSITION TO
DEBTOR’S OBJECTION TO CLAIM #4;
DOC 25 - DEBTOR’S RESPONSE TO OPPOSITION TO DEBTOR’S
OBJECTION TO PROOF OF CLAIM #4
BEFORE THE HONORABLE ROBERT D. DRAIN
UNITED STATES BANKRUPTCY JUDGE
In Re Olga D. Paredes Full Transcript - 092909

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK

In re:
OLGA D. PAREDES,
Debtor.
Case No. 09-22261 (rdd)
New York, New York
September 29, 2009
10:19:37 a.m.

TRANSCRIPT OF CHAPTER 13 HEARING RE:

DOC 7 - CONFIRMATION HEARING;
DOC 18 - HEARING ON LOSS MITIGATION;
DOC 20 - OBJECTION TO CLAIM #4 FILED BY DAVID SHAEV ON BEHALF
OF PHH MORTGAGE CORP.;
DOC 22 - MEMORANDUM OF LAW IN OPPOSITION TO DEBTOR’S OBJECTION
TO CLAIM #4 FILED BY SHAPIRO & DICARO;
DOC 23 - AFFIDAVIT IN OPPOSITION TO DEBTOR’S OBJECTION
TO PROOF OF CLAIM #4 FILED BY SHAPIRO AND DICARO;
DOC 24 - AFFIRMATION IN OPPOSITION TO
DEBTOR’S OBJECTION TO CLAIM #4;
DOC 25 - DEBTOR’S RESPONSE TO OPPOSITION TO DEBTOR’S
OBJECTION TO PROOF OF CLAIM #4
BEFORE THE HONORABLE ROBERT D. DRAIN
UNITED STATES BANKRUPTCY JUDGE

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Published by: Foreclosure Fraud on Nov 04, 2009
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 12345678910111213141516171819202122232425UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK
In re:
OLGA D. PAREDES,
Debtor.
Case No. 09-22261
(rdd)
 New York, New YorkSeptember 29, 200910:19:37 a.m.TRANSCRIPT OF CHAPTER 13 HEARING RE:DOC 7 - CONFIRMATION HEARING;DOC 18 - HEARING ON LOSS MITIGATION;DOC 20 - OBJECTION TO CLAIM #4 FILED BY DAVID SHAEV ON BEHALFOF PHH MORTGAGE CORP.;DOC 22 - MEMORANDUM OF LAW IN OPPOSITION TO DEBTOR’S OBJECTIONTO CLAIM #4 FILED BY SHAPIRO & DICARO;DOC 23 - AFFIDAVIT IN OPPOSITION TO DEBTOR’S OBJECTIONTO PROOF OF CLAIM #4 FILED BY SHAPIRO AND DICARO;DOC 24 - AFFIRMATION IN OPPOSITION TODEBTOR’S OBJECTION TO CLAIM #4;DOC 25 - DEBTOR’S RESPONSE TO OPPOSITION TO DEBTOR’SOBJECTION TO PROOF OF CLAIM #4BEFORE THE HONORABLE ROBERT D. DRAINUNITED STATES BANKRUPTCY JUDGEA P P E A R A N C E S :
For the Debtor:
DAVID B. SHAEV, ESQ.350 Fifth Avenue, Suite 7210New York, New York 10118-7210(212) 239-3800; (212) 695-3008 faxdshaev@onsiteaccess.com
For PHH Mortgage:
JOHN A. DICARO, ESQ.Shapiro & DiCaro, LLP250 Mile Crossing Boulevard, Suite 1Rochester, New York 14624(585) 770-2111; (585) 247-7380 faxjdicaro@logs.com
For the UST Office:
GREGORY ZIPES, ESQ.
Transcriber:
A-1 Transcripts(877) 777-5133; (800) 860-5722 faxa1transcripts@optonline.net
Proceedings recorded by electronic sound recording.Transcript produced by transcription service.
 
 
In re Olga D. Paredes - 9/29/09
2COURT CLERK: Olga Paredes!1THE COURT: Okay. Before we get into the claim2objection issues, where are you on loss mitigation?3MR. SHAEV: Your Honor, on either Thursday or Friday4of last week, I received an email from PHH, I guess loss5mitigation department, if there is such a thing, requesting a6budget and updated pay stubs, after, oh, about six months.7THE COURT: Okay.8MR. SHAEV: And of course we’ve agreed to provide that9information, but that’s where we are. And a copy of the lease,10which I have, because we had rental payments. So, we will be11providing that information. I believe they’ve already sent part12of it to my office during the last few days.13THE COURT: Okay. All right. So, I’m going to14adjourn that to the 27
th
.15MR. SHAEV: October 27?16THE COURT: Yes. But I guess it’s a different arm of17PHH that’s dealing with the claim objection?18MR. SHAEV: I have no idea, Your Honor.19THE COURT: Okay.20MR. SHAEV: If I could figure out who is who in21this --22THE COURT: Okay. So, why don’t we turn to the claim23objection then.24MR. SHAEV: All right. Thank you, Your Honor. David25
 
 
In re Olga D. Paredes - 9/29/09
3Shaev for the Debtor. If I may outline what’s preceded us to1this date and bring us up to date.2The Chapter 13 was filed on February 25 of this year.3The proof of claim was filed by PHH Mortgage in March. We also4served a qualified written request.5After the proof of claim, I sent a letter to PHH6requesting certain information documenting standing. And I did7get a letter back saying that PHH is the servicer in this8matter, and that the holder/investor is U.S. Bank National as9Trustee.10At that point I filed an objection to proof of claim11requesting that the claim be expunged and also for an accounting12of their itemization, which they attached to their proof of13claim, by reason of fact that the response to the QWR had less14money owed than I saw in the proof of claim.15An adjournment was requested by PHH until September1615, at which time they responded to my papers. And I then filed17a further supplement to my objection based upon their response.18Basically, that brings us to where we are today as far19as paperwork. Basically, it is my position that PHH needed to20prove in their proof of claim a complete unbroken chain of title21from the originator to the creditor. That would be the22originator to the sponsor, the sponsor to the depositor, the23depositor to the trust, and the securitized trust.24They would also need to prove that PHH is the real25

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