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LAW OFFICE OF BARRY S. FAGAN
Barry Fagan, Esq. CBN# 160104 PO Box 1213 Malibu, CA 90265-1213 Telephone: (310) 717-1790 Facsimile: (310) 456-6447 Email: firstname.lastname@example.org ATTORNEYS FOR DEBTOR, N
UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA SANTA ANA DIVISION
In re N Debtor,
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Case No. 8:10-bk--TA CHAPTER 13 Debtor’s Objection to Proof of Claim filed by Chase Home Finance, LLC as Servicing Agent for Argent Mortgage Company, LLC Claim number 5 & 6 (Same Claim) Judge: Date: Time: Place:
COMES NOW, N, files this Objection to JP Morgan Chase LLC as Servicing Agent To Argent Mortgage Company, LLC (hereinafter “Argent”) PROOF OF CLAIM as filed by the alleged Creditor on December 2, 2010, and again on December 3, 2010 and states the following: A security interest in the property of the debtor is claimed, however, the proof of claim is not accompanied by evidence that the creditor has authority to bring the claim, that the servicing agent has any authority to bring this claim, has standing or that the security interest has been perfected as
Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage
R. the Debtor objects to Claim #5 and #6 pursuant to F. 3007 as filed by the alleged Creditor Argent Mortgage and respectfully requests this Court enter an order to disallow this claim in its entirety.P. WHEREFORE.B. Dated: Respectfully Submitted: Barry S.R.P.P. Rule 3001(d) and F.R.B. 3002 and is facially defective and does not constitute prima facie validity of the claim.P.B.B.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 required under F. Rule 3001(a) & (c). Fagan Esq. The proof of claim does not set forth the creditor’s claim with proper specificity pursuant to F. Attorney for Debtor N Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage .R.
Additionally. along with an interest rate from which to base any payments owed. According to records available from California Secretary of State. Santa Ana. CA. SUMMARY On or about November 22. by and through their undersigned counsel. Argent Mortgage Company LLC is considered active under California LLC entity number and their address is 2677 N. Debtor executed a promissory note payable to Argent Mortgage Company.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM IN SUPPORT OF OBJECTION TO PROOF OF CLAIM OF ARGENT Debtor N.. The security interest is in the form of a Deed of Trust and it named Argent Mortgage Company. 502 (a) Debtor objects to Argent’s POC as to claim amount.409. LEGAL STANDARD GOVERNING PROOF OF CLAIM Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage . Main St. LLC. current monthly payment owed. 2010. LLC as Trustee and Lender. which Debtor has not seen since it was executed.C. submits this Memorandum in Support of their Objection to Proof of Claim (POC) of Argent filed on or about December 2 and again on December 3. Argent’s POC is so devoid of detail that this Court must consider it unenforceable against N. specifically for a property located at.93 but there is no accurate accounting and basis as to how Argent arrived at such amount or even how their indicated interest rate was authorized. however the promissory note. if any. contained an endorsement from Argent Mortgage to Ameriquest and than another endorsement in blank from Ameriquest and was severely defaced. CA 92705. nor does the POC reflect any itemized fees. are not accurately itemized. Argent’s POC has indicated that their secured interest is in the amount of $758. 2004.S. Pursuant to 11 U. A number of documents were filed in the Los Angeles County Recorder’s Office. any arrearages.
In re Tammarine. In re Reyna. 2008).Y.D.D. In re Brooks. 396 B. W.A.R. Pa. 2009 WL 1587593 (Bankr. In re Rogers. Fla.D. 2008).R. 267 (Bankr. 399 B.N. 317 (M. A proof of claim filed in conformity with these rules constitutes prima facie evidence of the validity of the claim. 2008 WL 4425304 (S. 2008).D. 624 (Bankr. §§ 501 and 502 and the Federal Rules of Bankruptcy Procedure (“FRBP” or “Bankruptcy Rules”) 3001. 2008). Ind. Pa. In re Day. D.R. 2009 WL 1107916 (Bankr. Creditors filing a proof of claim based on writing must attach either the original or a copy of the writing. Ark. 27 (Bankr.D. In re Jacobsen. La. 2008): In re Wells. 407 B. Tex. D.D. N. Claims not filed in accordance with the Rules are not entitled to the presumption1..P. 3002. a statement providing a breakdown of the elements of the claim is required.D. Ill. 2009 WL 960766 (Bankr. E.P. 3005.R.R. Pa.A. 392 B. Mass. 2009 WL 994945 (Bankr.R. 2008). 3003.D. subsequently disallowed because it was not timely filed. 2008)(when the claim does not attach the documentation required by Bankruptcy Rule 3001(c) the claim cannot served as prima facie proof of its validity). 2009 WL 1067197 (Bankr. M. Ohio 2009). In re Nixon. 2009).R.D. 394 B. In re Plastech. N. the scheduled claim will be reinstated for purposes of distribution. N. 404 B. 2008). 400 B. the proof of claim is WL 2937781 (Bankr. In re Pettingill.D.R. Ohio 2009). 2008 If.Va. If a proof of claim is filed.D. 2009). N.R.S.D. In re Tracey. 873 (Bankr. 609 (Bankr. In re Transcapital Financial Corp.M. and provide the guidelines within which such claims are allowed or disallowed in the bankruptcy proceeding. In re Peterson. Ga. 2008 WL 2961973 (Bankr.D. 2009).1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 11 U.C. 2008). Long line of authorities is available. Ala.R. 405 B. 2009).R. 2009). In re Keefer. Ohio 2009). In re Waston. 294 (Bankr. In re Hess. If the claim includes pre-petition interest. 747 (Bankr. 2009). S. 2009). 2008 WL 5191683 (Bankr. Pa. 465 (Bankr. Tex. Pa. W. 2009). E. In re Melillo. 2008 WL 2993948 (Bankr. E. In re Carraway Methodist Health Systems. In re Stauder. In re Regan. it supersedes the amount scheduled by the debtor. 635 (B. In re Freeman. N. E.D. N. Rule 3001(f).N.D.D. 3006. In re Vasquez. S. 2009 WL 1577992 (E. M. 1 Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage . 1st Cir. In re King.R.D. 2009). 1 (B. 403 B.D. In re Cramer. 402 B. D. or other charges. 406 B. 2008). 391 B. 2009 WL 1116842 (Bankr. 1st Cir. 2009). attorneys’ fees. 3007 and 3008 govern the way in which creditors and equity security holders present their claims or interests to the bankruptcy court. however. Rule 3001(c).
In re Fleming.N. 397 B.D. E. In re Agway. N. 2008). Okla.. Kan. In re Dorway. 2009): In re Cordier.C.D. 2008). 2008) 2 In re Baggett Brothers Farm.D. 2008 WL 4833083 (Bankr. In re Hight. 2008 WL 4833083 (Bankr. CHASE HOME FINANCE. 2008 WL 2827439 (Bankr. 2008). 2008 WL 4829846 (Bankr.93. Dist. 2008 WL 4723364 (Bankr. Tenn. 724 (Bankr. 2008 WL 2705547 (Bankr. In re Rouse. 2009 WL 1241307 (Bankr. 391 B. 83 (Bankr.R. In re Charlton. 2009). E. 745 (Bankr. In re Taylor. N. D. Dist. 2008 WL 2705199 (Bankr.D.R. 2008). D. 2008 WL 4596619 (Bankr. D. In re Taylor. 2008). Tex. Tex. In re Shafer. 2009 WL 1657473 (Bankr. 2008).D. N. S.D. In re Simpson. M.N. D.D.D.409. 392 B. In re Young. 390 B. S. 2008). Me.D. 408 (Bankr. 2008). Pa. 207 (Bankr. Conn.R.R. 2008). Mont. 392 B. D. In re Samson. Md. In re Jones. 2008). In re Reyna. 2008).R.R. 2008): In re Plourde. In re Simon. D. L. 393 B. 394 B. 2008). Ill. N. 393 B. 2008 WL 4861513 (Bankr. In re Briana.C. Argent’s POC does not satisfy the requirements of Rule 3001(c) and thus.Y.D. 2008 WL 2986281 (Bankr. 2008). 2008). Fla. The claimant bears the ultimate burden of persuasion2. 2008 WL 2961973 (Bankr. In re Dugar. N. D. Col. 2008 WL 4216317 (Bankr. 317 (Bankr. E. S. E. D. 2008). 847 (Bankr. 2008).1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Claimant must prove by preponderance of the evidence that the claim is valid. 2008). In re Massaquoi. N. E. 2008). Pa. E. Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage .D. Mass. D. Tex.D. Tex. Ark. In re Prevo.H. 2008 WL 4539486 (Bankr. In re Ginko Associates. 2008 WL 3979493 (N. 2008). 114 (Bankr.R. D.D. 2008). Furthermore. Mass. Conn. 2008). 2008 WL 2953471 (Bankr. 2008). 2008 WL 3876130 (Bankr. Mich. LLC DOES NOT HAVE LEGAL STANDING TO BRING THIS PROOF CLAIM AS CREDITOR. not prima facie evidence of a claim and must be disallowed. Argent asserted in its POC that the amount of secured claim is $758.D. 484 (Bankr. E.N. D. 2008). 2008 WL 4736269 (Bankr. LLC AS SERVICING AGENT TO ARGENT MORTGAGE COMPANY. Mont. yet there is not enough detailed information or basis provided as to how such an amount is calculated or even how the interest rate referred to was authorized. 2008 WL 2937855 (Bankr.P. Argent attached a copy of promissory note. 2008). 2008 WL 4205364 (Bankr. S. Col. In re Ealy. In re Rogers. 392 B.R.R. In re Cleveland. 480 (Bankr. Inc. In re Baltimore Emergency Services II. Va.D. 396 B. 2008). 394 B. 2008). 2008 WL 4286500 (Bankr. Pa. Ohio 2008). D. D. In re Briana.D. Therefore. 2008).D. In re Reading Broadcasting Inc. E. In re Owens. In re Lundberg. 2008). W. In re Miller. 259 (Bankr. In re Hayes.D. Mass.D. D. 2008 WL 3200713 (Bankr. D. yet there is no declarations as to whether such copy is a true copy of the original because clear inference that the copy of promissory note is not a true original. S. Ala. 2008 WL 5111882 (Bankr. In re Owens. Ohio 2008). 2009). E.D. (Bankr. In this case. N. 2008). 2008). In re Depugh. In re Purney.C. Va.D. Fla.. Inc.. 2009 WL 890604 (Bankr. La 2008). D. 2008 WL 5539789 (Bankr. Mass. In re Rose.D.R.R. M.
Bryant (1891) 91 C 492. (2) Does not state a payee. One without a pecuniary interest in the Mortgage Loan is not an obligee under the debt and. (b) A promise or order that is not payable to bearer is payable to order if it is payable (1) to the order of an identified person or (2) to an identified person or order. Transfer of mortgage paper may be made outright (sale) or by pledge (as security for a loan to the transferor.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The promissory note was made payable to Argent Mortgage Company. a sale of the note could be invalided as a fraudulent conveyance (under California Civil Code § 3440). and Foreclosure Litigation. Code section 3109 states: (a) A promise or order is payable to bearer if it is any of the following: (1) States that is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment. section 1. The Note is not a bearer instrument. The Deed of Trust states that Argent is the Lender. LLC. and Beneficiary. No recorded document suggests that Argent transferred its beneficial interest to Chase Home Finance. thus. California Com. and a transfer in pledge could be invalidated as an unperfected (under Com.) In either event. Evidence as produced to support Argent’s POC did not indicate that the promissory has been endorsed back to Argent or any other named entity. Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage . Without a physical transfer. (Watkins v.26). Fourth Edition. the transferor should physically deliver the note to the transferee. (3) States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person. A promise or order that is payable to order is payable to the identified person. (California Mortgages and Deed of Trust. but is an instrument payable to a specifically identified person. has no legal standing to foreclose ab initio.Code §§ 93139314). LLC. by Roger Bernhardt. to perfect the transfer. 27 P 77).
instead. it may be negotiated by transfer of possession alone. California Com. Code 3201 states: (a) “Negotiation” means a transfer of possession. A promissory note that is payable to a specifically indentified person is not transferred merely by possession. (c) For the purpose of determining whether the transferee of an instrument is a holder. of an instrument by a person other than the issuer to a person who thereby becomes its holder. Code section 3204 states: (a) “Endorsement” means a signature. a paper affixed to the instrument is a part of the instrument. that alone or accompanied by other words is made on an instrument for the purpose of (1) negotiating the instrument. (b) Except for negotiation by a remitter. or acceptor.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to subdivision (a) of Section 3205. An endorsement is not made by purchasing a note. or (3) incurring endorser’s liability on the instrument. California Com. if an instrument is payable to an identified person. An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to subdivision (b) of Section 3205. or by purchasing a debt. negotiation requires transfer of possession of the instrument and its endorsement by the holder. whether voluntary or involuntary. terms of the instrument. place of the signature. transfer requires that it be endorsed. For the purpose of determining whether a signature is made on an instrument. Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage . but regardless of the intent of the signer. instead. an endorsement that transfers a security interest in the instrument is effective as an unqualified endorsement of the instrument. drawer. an endorsement is made by the signature of the specifically identified person to whom the note is owed. other than that of a signer as maker. a signature and its accompanying words is an endorsement unless the accompanying words. or other circumstances unambiguously indicate that the signature was made for a purpose other than endorsement. (b) “Endorser” means a person who makes an endorsement. If an instrument is payable to a bearer. or by an assignment. (2) restricting payment of the instrument.
that person can bring action in court to specifically enforce the right to an endorsement. 4001(a)(1). R. incorporates Rule 7017. but the transferee cannot acquire rights of a holder in due course by a transfer. in turn. The transferee obtains no rights under this division and has only the rights of a partial assignee.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) If an instrument is payable to a holder under a name that is not the name of the holder. whether or not the transfer is a negotiation. (b) Transfer of an instrument. Rule 9014. but the note does not carry the endorsement of the payee. R. P. Bankr. Then. Bankr. to which Fed. from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.) The standing doctrine "involves both constitutional limitations on federal-court Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage . California Com. R. which makes Fed. the creditor can enforce the note against its maker. endorsement may be made by the holder in the name stated in the instrument or in the holder’s name or both. negotiation of the instrument does not occur. Bankr. In similar context with Stay-relief requests. vests in the transferee any right of the transferor to enforce the instrument. the transferee has a specifically enforceable right to the unqualified endorsement of the transferor. (c) Unless otherwise agreed. directly or indirectly. which are governed by Fed. once that is done. but negotiation of the instrument does not occur until the endorsement is made. P. 17 applicable ("[a]n action must be prosecuted in the name of the real party in interest. (d) If a transferor purports to transfer less than the entire instrument. If one bought a note and intends to enforce it. P. if an instrument is transferred for value and the transferee does not become a holder because of lack of endorsement by the transferor.Code section 3203 states: (a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. 9014 is applicable.". but signature in both names may be required by a person paying or taking the instrument for value or collection. including any right as a holder in due course.
Case No. Seldin. 472. 45 L. (Warth v. 125 S. Am. 498. 70 L.Ct. 378 B. 102 S.Civ. 45 L. as found in Fed. Seldin. Constitutional standing under Article III requires.R.3d 1107. 160 L. 95 S. Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage . 358 F.S.Ed. 128-29. 422 U. 19.R. in any event." Kowalski v. at a minimum.Ct 2197.Ct 2197. 1112 (9th Cir. 454 U. the creditor must also have prudential standing. United States. 543 U. and that it is likely to be redressed by a favorable decision.S. that the injury be traced to the challenged action. 490. 752. BK-S-07-16226-LBR (Bankr.Ct. 17. a plaintiff must assert "his own legal interests as the real party in interest". Beyond the Article III requirements of injury in fact. (Dunmore v.2d 343 (1975)). causation. 22 (2007). 125. Tesmer.Ed. (Valley Forge Christian Coll.2004). 422 U. 95 S.Ed. which is a judicially-created set of principles that places limits on the class of persons who may invoke the courts' powers.P. which provides "[a]n action must be prosecuted in the name of real party in interest. the mere fact that an entity is a named beneficiary of a deed of trust is insufficient to enforce the obligation. 499. the Bankruptcy Court for the District of Massachusetts found that a lender did not have standing to seek relief from the automatic stay because it did not have an interest in the property at the time it filed its motion for relief. As a prudential matter.” In In re Maisel. 3/13/2009)(at page 10) the Court found that “MERS does not have standing merely because it is the alleged beneficiary under the deed of trust. 490.") In re Mitchell.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 jurisdiction and prudential limitations on its exercise. It is not a beneficiary and.S.2d 700 (1982) (citations and internal quotations omitted)).Ed.2d 343 (1975)).2d 519 (2004) (quoting Warth v. that a party must have suffered some actual or threatened injury as a result of the defendant's conduct. v. 464. United for Separation of Church and State. and redressibility. 564.Nev.S.
BAP No. The Court states that “The issue of standing involves both “constitutional limitations on federal court jurisdiction and prudential limitations on its exercise. 555.” Warth v.S.3d at 899. Defenders of Wildlife. the beneficial interest in the deed of trust. Comm. Code §3440. one must be in possession of the instrument.” (4 RICHARD R.2d 705. 1986).. Cal. Seldin. several courts have acknowledged that MERS is not the owner of the underlying note and therefore could not transfer the note. the transaction is a nullity and his ‘assignee’. Further. 559-60 (1992). or as unperfected. at 498-99.D. 490. Civ. Lujan v. Cal. Pershing Park Villas. the Court denied motion for relief from stay brought by BAC Home Loans Servicing.D.S. LP as servicer based on standing. CC-09-1396 (Bankr. has a worthless piece of paper. and the instrument must be properly endorsed. LP. Inc.” … “Mere possession of the Note does not make BAC a “holder” of the Note.” In re Fawn Ridge Partners. 709 (9th Cir. Constitutional standing concerns whether the plaintiff’s personal stake in the lawsuit is sufficient to have a “case or controversy” to which the federal judicial power may extend under the Constitution’s Article III. Golden Plan of California. 10-21656-LBR (Bankr.C. to qualify as a holder. Under California law. In re Hwang. Bear v. to perfect the transfer of mortgage paper as collateral the owner should physically deliver the note to the transferee. 829 F. Code (“CComC”) § 1201(21). Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage . 7/8/2010) Citibank filed its proof of claim as servicer. POWELL. the sale of the note could be invalidated as a fraudulent conveyance. 498 (1975). § 37. Cal. In re Walker. Cal. Cal.E. 422 U. POWELL ON REAL PROPERTY.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “Where the mortgagee has ‘transferred’ only the mortgage. Without physical transfer. or foreclose upon the property secured by the deed. Id. Com. having received no interest in the underlying debt or obligation. Case No. 504 U. The Court found that “Under California law. Code §§ 9913-9214. 3/29/2010). 219 F.27(2000).
Chase Home Finance.” Coyne v. Case No: 09-4075 CA 01 that assignments of mortgages involving Argent Mortgage Company LLC. Thus. A party seeking to file a claim in any Federal Court “bears the burden of demonstrating standing and must plead its components with specificity. Mass. American Tobacco Company. on January 28. are completes shams and their introduction are considered a Fraud upon the Court under Florida Rules of Civil Procure 1. In fact. LLC seeks to enforce a third party rights and thus Chase Home Finance.540 (b). Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage .R.R. 1201(21)(A). 494 (6th Cir.380 (Bankr. the payee must endorse it as well as deliver it to another person. 2011 the Honorable MiamiDade Circuit Court Judge Maxine Cohen Lando held in Central Mortgage Company v. permeates the entire proceeding and subverts the integrity of the case.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 396 B.2008) The Court discussed the misbehavior in bankruptcy mortgage claims and noted that parties who do not hold the note or Deed of Trust do not have standing to pursue motions or claims.” Chase Home Finance. Eduardo Gonzalez Del Real. There is no evidence in the record that Countrywide indorsed the Note and transferred it to BAC (or to Bank of America).D. who then can become its holder. which goes to the very heart of any claim of standing. In re Nosek. 386 B. 183 F. 374. Moreover.3d 488. Instead. LLC’s lack of ownership of the mortgage and promissory note in this case. mere possession of the Note and Deed of Trust does not provide BAC with standing. Although the payee of an instrument may negotiate it. 1999). at 762. LLC cannot bring this claim without properly identifying direct injury or threat of injury to itself or by joining a real party in interest. LLC makes no assertions that it possesses the original promissory note. Chase Home Finance. CComC § 3201.
R. Under F. In re Mullins 125 B. their proof of claim must be disallowed/expunged. LLC or Argent is actually a secured creditor. Chase Home Finance. LLC and Argent Mortgage Company.R.D.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If Chase Home Finance. Given the debtor’s serious questions as to the Note being endorsed to someone else. Therefore. CONCLUSION Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage .E. even though there existed no “original” document signed by the debtor. LLC and Argent are not a real party in interest in this bankruptcy and is not the beneficiary of the note and has no standing to file a proof of claim in this case. 808. the Court held that a photocopy of a faxed loan agreement which bore the original signature of the debtor was a duplicate. the original is required. LLC. debtor hereby objects to Movant’s submission of duplicates.R. 1990). It is not uncommon in the bankruptcy context to see a POC like Chase Home Finance. debtor contends that both Chase Home Finance. it must provide direct proof that they are the real party in interest. Movant is hereby put on notice that all originals in the possession of opponent will be the subject of strict proof and if Movant does not produce the original all duplicates shall be considered inadmissible. and was inadmissible to prove the debtor’s lack of equity. Cal. Hence. BEST EVIDENCE RULE F.811 (Bankr. 1003.E. LLC are not a “party in interest”. however. 1002 and 1004 provides that to prove the content of a writing. and not the original document. provides that duplicates can be admissible unless there is a question of authenticity and or under the circumstance it would be unfair to admit the duplicate in lieu of the original. E.
DATED: Respectfully Submitted. _______________________________ Barry S. Fagan Esq. it is respectfully requested that Debtor’s objection be sustained and that Debtor’s counsel be awarded attorney fees and cost in this objection to frivolous filing of proof of claim. Attorney for Debtor N Objection to Proof of Claim filed by Chase Home Finance as Servicing Agent for Argent Mortgage .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Based upon the foregoing.