John Joseph Volin, #09880 Trucly D. Pham, #026088 JOHN JOSEPH VOLIN, P.C.

2033 East Warner Road, Suite 106 Tempe, Arizona 85284 Phone: (480) 820-0800 Fax: (480) 820-3575 joe@volinlaw.com Attorney for Debtors IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA In re: HOWARD RICHARD VEAL, JR. and SHELLI AYESHA VEAL, Debtors. WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 206-3 ASSET-BACKED CERTIFICATES, SERIES 2006-3, and its successor and/or assignees, Movant, v. HOWARD RICHARD VEAL, JR. and SHELLI AYESHA VEAL, Debtors; EDWARD J. MANEY, Chapter 13 Trustee, Respondents. Debtors, Howard Richard Veal, Jr. and Shelli Ayesha Veal, through their attorney, John J. Volin of John Joseph Volin, P.C., in response to the Motion to Lift the Automatic Stay filed by Movant, respectfully requests this Court deny Movant’s Motion to Lift the Automatic Stay. This Response is supported by the attached Memorandum of Points and Authorities. DATED: November 5, 2009 JOHN JOSEPH VOLIN, P.C. /s/ JJV, #09880 By: John J. Volin, #09880 Attorney for Debtors Chapter 13 Proceeding Case No. 2:09-bk-14808 RJH

RESPONSE TO MOTION TO LIFT THE AUTOMATIC BANKRUPTCY STAY Re: Real Property Located at: 2100-2102 Hazell Dell Rd. Springfield, IL 62703

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MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS: In support of this Response, Debtors allege the following: 1. 2. Debtors filed a petition for relief under Chapter 13 on or about June 29, 2009. Debtor Shelli Ayesha Veal executed a Mortgage dated August 9, 2006 granted to

GSF Mortgage Corporation which is attached to Movant’s motion as Exhibits “A.” 3. Movant, Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan

Trust 2006-3 Asset-Backed Certificates, Series 2006-3, (“Wells Fargo Bank”) has provided no proof or evidence that it is the current holder of the Mortgage of Exhibit “A” attached to its motion and is entitled to relief from the automatic stay. 4. Rule 17(a) of the Federal Rules of Civil Procedure provides that every action

“shall be prosecuted in the name of the real party in interest.” In this case, Wells Fargo Bank has provided no evidence that it is a real party in interest and therefore has no standing to bring the Motion for Relief against the debtors. 5. stay. 6. The debtors are further moving this Court for the award of reasonable legal fees The debtors are therefore moving this Court to dismiss the motion for relief from

and expenses of no less than $450.00 for filing an improper motion in this case and for damages payable to the debtors in the sum of at least $250.00. II. CONCLUSION: For the foregoing reasons, Debtors respectfully request that the Motion to Lift the Automatic Bankruptcy Stay filed by Movant be denied; that the attorney for the debtors be awarded the sum of $450.00 as reasonable legal fees and expenses; that the debtors be awarded

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damages of $250.00 for the filing of an improper motion in this case by Wells Fargo Bank; and that the Debtors be granted such other and further relief as the Court may deem just and proper. DATED this 5th day of November, 2009.

JOHN JOSEPH VOLIN, P.C. /s/ JJV, #09880 By: John J. Volin, #09880 2033 East Warner Road Suite 106 Tempe, Arizona 85284 Attorney for Debtors

Copy of the foregoing Mailed 11/5/2009 to: Kevin Hahn, Esq. MALCOLM CISNEROS 2112 Business Center Drive Second Floor Irvine, CA 92612 Attorneys for Movant Edward J. Maney Chapter 13 Trustee PO Box 10434 Phoenix AZ 85064

/s/ JJV, #09880 By: John J. Volin, #09880

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