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Carney v. Bank of America w

Carney v. Bank of America w

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Published by DinSFLA

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

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The Harms implicit in MERS’ and ReconTrusts’ orchestration and execution

of an unlawful Trustee’s sale will harm Plaintiff greatly. He will have to displace

from his family residence of nine years and relocate by means of a subsequent writ

to do so. His realignment and adjustment to a less favorable and disadvantageous

surrounds will be severe and the effects therewith be long lasting.

Additionally, the harms include a multiplicity of legal actions, loss or

slander of title and onerous costs to litigate and recoup title and property.

Conversely, the facts in this case show clearly that ReconTrust is not an

authorized Trustee with power of sale. Additionally, neither it, nor BACHLS,

Countrywide/BAC or MERS are beneficiaries with proper standing as the only

beneficiary stated in the public record as of June 24, 2010 is US Bank.

Defendants can only fail to exhibit, state or demonstrate what harm they

may incur. EXHIBIT B, as incorporated into this appeal, shows that Defendants

would experience a loss far greater than any alleged debt owed by Appellant. They

state in their void Notice of Trustee’s sale an amount of $791,751.55 as due and

owing with something like $110,000.00 in unsubstantiated and inflated arrears, but

ReconTrust has listed an “Opening Bid Amount” of $562,500.00 (Exhibit B).

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Therefore, Defendants/Appellants incur no or negligible loss by the issuing

of a Stay or Injunctive Relief so Appellee can properly proceed with his claims.

Twice Appellant has requested a proper accounting of such arrears

(EXHIBIT A) and the proper parties and true creditor(s) and to date both requests

have been ignored.

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