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Carney v. Bank of America w

Carney v. Bank of America w

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Published by: DinSFLA on Nov 16, 2011
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05/25/2014

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No. 11-56421
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________________________________________________________ MICHAEL M. CARNEY
 Plaintiff 
v.BANK OF AMERICA CORP., ET AL.
 Defendants-Appellees
Appeal from the United States District Court for the Central District of CaliforniaCivil Case No. SACV 11-00571 CJC (MLGx) (Honorable Cormac J. Carney)
 EMERGENCY MOTION UNDER CIRCUIT RULE 27-3CARNEY’S EMERGENCY MOTION FOR STAY OF PENDINGFORECLOSURE SALE TO APPEAL ORDER DISCHARGINGTEMPORARY RESTRAINING ORDER AND SUBSEQUENT ORDER DISMISSING CERTAIN OF HIS CAUSES OF ACTION IN RELATION TOSAME
Michael M. Carney241 Rochester StreetCosta Mesa, CA 92627949.306.6866mmcarney7@gmail.com
 
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www.StopForeclosureFraud.com
 
 Appearing Pro Se
9th Cir. R. 27-3 Certificate
Pursuant to 9th Cir. R. 27-3, Appellant respectfully certifies that his motionfor appeal and injunctive relief is an emergency motion requiring “relief … in lessthan 21 days” to “avoid irreparable harm.”Appellant, Michael M. Carney (“Carney”) is a property owner in CostaMesa, CA, his family home of nine years being at issue, who filed suit againstAppellees Bank of America Corporation (“BAC”), ReconTrust, N.A.(“ReconTrust”) a wholly owned subsidiary of Bank of America Corp., MortgageElectronic Registration Systems, Inc. (“MERS”), Countrywide FinancialCorporation, Countrywide Home Loans, Inc.(“Countrywide”), and US Bank, N.A(“US BANK”) as well as non-responsive and central defendant, although not tothis motion and appeal, BondCorp Realty Services, Inc. (“BondCorp”).Appellant appears pro se. Appellees BAC (and stated subsidiaries) andCountrywide appear as represented by counsel. Appellees
 ReconTrust, US BANK 
and
MERS 
appear with no stated counsel in this court other than Judith T. Sethna(SBN 232731) who is not admitted as counsel to this court.
 
2
www.StopForeclosureFraud.com
 
Appellant states here that counsel may be acting and arguing on behalf of Appellee-Defendants (noted above) it is not authorized to defend or argue on behalf of.Appellant filed his original complaint on April 13, 2011. Defendants thenfiled their first Motion to Dismiss (“MTD”) soon after.Appellant filed an initial
 Ex Parte
application for a Temporary RestrainingOrder (“TRO”) which was denied. In the course of that urgent application to thedistrict court, Carney did not clearly understand the filing dates of any oppositionto the MTD and missed the cutoff date to file his opposition and the district courtgranted Defendant’s MTD with leave to amend.Carney promptly and timely filed his First Amended Complaint (“FAC”) onJune 27, 2011 adding new causes of action (“COA”) for wrongful foreclosure andcancellation of written instruments (COA 6 & 7) in addition to his other claims andCOA’s.Upon submission of his FAC, Appellant also promptly filed his Second
 Ex Parte
application for a TRO and Order To show Cause (“OSC”) Why APreliminary Injunction Should Not Issue which was granted on July 7, 2011,averting a sale of his property by Appellees scheduled for July 11, 2011 and set adate of August 22, 2011 for hearing on the OSC.
 
3
www.StopForeclosureFraud.com

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