12345678910111213141516171819202122232425262728ROBERT L. FIRTH, ESQ. (BAR NO. 231432)30877 DATE PALM DRIVE, STE B-3CATHERAL CITY, CA 92234TELEPHONE: (760) 770-4066FACSIMILE: (760) 770-4006ATTORNEY FOR DEBTOR BRIAN W. DAVIES

UNITED STATES BANKRUPTCY COURTCENTRAL DISTRICT OF CALIFORNIA

In reBRIAN W. DAVIESDebtors.--------------------------------------------------------))))))

Case No. 6:10-bk-37900-TDHON. THOMAS B. DONOVAN

ONEWEST BANK, FSB [DOCKETS 29, 48]ONEWEST BANK, FSBAS SERVICING AGENT FOR DEUTSCHE BANK [DOCKET 49]Movants,vs.BRIAN W. DAVIESRespondent.)))))))))))))

[PROPOSED]ORDER DENYING MOTIONS FOR RELIEF FROM THE AUTOMATIC STAYUNDER 11 U.S.C. §362 [DOCKETS 29, 48]AND [DOCKET 49]

HEARING DATE:DATE: 11/19/2010TIME: 11:00 A.M.CTRM: 5DMotions for Relief from the Automatic Stay were filed and noticed in the above matter andfiled by Movant ONEWEST BANK, FSB [Dockets 29, 48], and Movant ONEWEST BANK, ASSERVICING AGENT FOR DEUTSCHE BANK [Docket 49][hereinafter-“The Motions”]. TheMotions came before the Court and were heard before the Hon. THOMAS DONOVAN, UnitedStates Bankruptcy Judge, on November 19, 2010.Onewest Bank, FSB [Dockets 29, 48] filed its Motion for Relief from the Automatic Stayunder 11 U.S.C. §362 [Dockets No. 29, 48] (the “Relief Motions 29, 48”) to seek relief from theautomatic stay to non-judicially foreclose under the power of sale contained in a certain deed of trust represented to be attached to real property known as 43277 Sentiero Drive, Indio, California.

12345678910111213141516171819202122232425262728Attached to the “Relief Motions 29, 48” was a Declaration of Brian Burnett, employed as AssistantVice President for Movant.Debtor timely opposed “Movant’s Motion [29]” on the basis of absence of legal standing because Movant’s moving papers did not assert whether Movant was the holder or owner of thesubject promissory note, nor maintained any beneficial interest in the Deed of Trust as apparentsecurity instrument of the promissory note [Docket No. 42, Debtor Opposition to [29]]. Debtor restated his object [Debtor Objection 42] in the further filing of [Debtor Objection Dockets 50, 52]to the Notice filing of [Docket 48, referencing to Docket 29].Onewest Bank, FSB, now styled as servicing agent for Deutsche Bank [“Movant Docket49”] filed a second and further Motion for Relief from the Automatic Stay under 11 U.S.C. §362(the “Relief Motion 49”) to seek relief from the automatic stay to non-judicially foreclose under the power of sale contained in a certain deed of trust represented to be on real property known as43277 Sentiero Drive, Indio, California. Attached to the Second Relief Motion was a Declarationof Brian Burnett, employed as Assistant Vice President for Movant.Debtor timely opposed “Movant’s Relief Motion 49” on the basis of absence of legalstanding because Movant’s papers did not assert whether Deutsche Bank was the holder or owner of the subject promissory note, nor did Movant represent that Deutsche Bank had any beneficialinterest in the Deed of Trust represented to be the security instrument of the promissory note[Docket No. 50, 52 Debtor Opposition to [49]].The Court, having read the various pleadings, documents and proceedings herein andhaving found cause to Deny the Motion for Relief from the Automatic Stay herein, hereby Ordersas follows:IT IS HEREBY ORDERED that in regard to the real property located at 43277 SentieroDrive, Indio, California, the Motions for Relief from the Automatic Stay brought by OneWestBank, FSB on its own behalf and Onewest Bank FSB, as agent of Deutsche Bank [Docket Items No. 29, 49], are hereby DENIED;And it further finding of this court that Movants have no legal standing to enforce rightsunder the Promissory Note dated November 17, 2006 and Deed of Trust, apparently securing such