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    In RE Vasquez - Saxon Mortgage Order To Show Cause

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    Foreclosure Fraud
    The bankruptcy court issued an order for Saxon Mortgage Services, Inc. and others to appear and show cause why sanctions should not be imposed for an improper proof of claim and motion for relief from stay filed in the bankruptcy case of Julia V. Vasquez. The court found that Saxon held no interest in the note or deed of trust referenced in the filings, as it had sold its interest to Deutsche Bank prior to the filings. If cause is found, sanctions may include attorneys' fees and a fine payable to the court.

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    In RE Vasquez - Saxon Mortgage Order To Show Cause

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    Foreclosure Fraud
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    The bankruptcy court issued an order for Saxon Mortgage Services, Inc. and others to appear and show cause why sanctions should not be imposed for an improper proof of claim and motion for relief from stay filed in the bankruptcy case of Julia V. Vasquez. The court found that Saxon held no interest in the note or deed of trust referenced in the filings, as it had sold its interest to Deutsche Bank prior to the filings. If cause is found, sanctions may include attorneys' fees and a fine payable to the court.

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    In RE Vasquez - Saxon Mortgage Order to Show Cause

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    The bankruptcy court issued an order for Saxon Mortgage Services, Inc. and others to appear and show cause why sanctions should not be imposed for an improper proof of claim and motion for relief from stay filed in the bankruptcy case of Julia V. Vasquez. The court found that Saxon held no interest in the note or deed of trust referenced in the filings, as it had sold its interest to Deutsche Bank prior to the filings. If cause is found, sanctions may include attorneys' fees and a fine payable to the court.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    833 views3 pages

    In RE Vasquez - Saxon Mortgage Order To Show Cause

    Uploaded by

    Foreclosure Fraud
    The bankruptcy court issued an order for Saxon Mortgage Services, Inc. and others to appear and show cause why sanctions should not be imposed for an improper proof of claim and motion for relief from stay filed in the bankruptcy case of Julia V. Vasquez. The court found that Saxon held no interest in the note or deed of trust referenced in the filings, as it had sold its interest to Deutsche Bank prior to the filings. If cause is found, sanctions may include attorneys' fees and a fine payable to the court.

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    of 3

    ORDERED.

    1
    Dated: August 06, 2010
    2
    3
    ________________________________________
    4 EILEEN W. HOLLOWELL
    U.S. Bankruptcy Judge
    5 ________________________________________
    6 IN THE UNITED STATES BANKRUPTCY COURT
    7 FOR THE DISTRICT OF ARIZONA
    8
    9 In re: ) Chapter 13
    )
    10 ) Case No. 4:08-bk-15510-EWH
    11 )
    JULIA V. VASQUEZ, ) ORDER TO SHOW CAUSE AS TO
    12 ) WHY SANCTIONS SHOULD NOT BE
    ) IMPOSED FOR IMPROPER FILING
    13 Debtor. ) OF PROOF OF CLAIM AND MOTION
    14 ) FOR RELIEF FROM STAY

    15
    TO: Saxon Mortgage Services, Inc. (“Saxon”)
    16 Natalia Shasko, Corey M. Robertus, Tiffany & Bosco, Mark Bosco,
    Leonard J. McDonald, Jr.
    17
    18 YOU ARE HEREBY ORDERED to appear before this court on Thursday,

    19 September 2, 2010 at 1:30 p.m., U.S. Bankruptcy Court, 38 South Scott Avenue,
    20
    Courtroom 446, Tucson, AZ 85701 and show cause, if any, why sanctions should not
    21
    be imposed on you pursuant to Fed. R. Bankr. P. 9011, 3001, Local Bankruptcy
    22
    Rules 4001(e) and 9011-1 and 11 U.S.C. § 105 for the following conduct relating to a
    23
    24 proof of claim (“POC”) filed on November 28, 2008, and a Motion for Relief from Stay

    25 (“MRS”) filed on January 6, 2009:


    26 allegations that Saxon held a secured claim against the Debtor based on
    27
    exhibits attached to both the POC and MRS, consisting of a note dated
    28

    Case 4:08-bk-15510-EWH Doc 91 Filed 08/06/10 Entered 08/06/10 11:34:09 Desc


    Main Document Page 1 of 3
    1 September 8, 2005 (“Note”) and a deed of trust dated September 12, 2005
    2
    (“DOT”). In fact, as of the dates the POC and MRS were filed, Saxon held
    3
    no interest in either the Note or the DOT. It sold all of its interest in the
    4
    Note and DOT to Deutsche Bank National Trust Company, as Trustee for
    5
    6 Saxon Asset Securities Trust 2005-3 (“Deutsche”), in late September

    7 2005. Furthermore, on November 17, 2008, recorded an assignment of

    8 the DOT to Deutsche.


    9
    If cause is found to impose sanctions, sanctions may include Debtor’s attorneys’
    10
    fees incurred in objecting to the POC, opposing the MRS, and expenses and attorneys’
    11
    fees (including discovery fees) incurred in adversary case no. 4-08-00794. Other
    12
    13 sanctions may include, but may not be limited to, imposition of a fine payable to the

    14 Clerk of the Bankruptcy Court and/or a disciplinary referral to the State Bar of Arizona.
    15 Dated and signed above.
    16
    17 Notice to be sent through the
    Bankruptcy Noticing Center “BNC”
    18 to the following:
    19
    Julia V. Vasquez
    20 402 West Melridge Street
    Tucson, AZ 85706
    21
    Beverly B. Parker
    22 Southern Arizona Legal Aid, Inc.
    23 2343 East Broadway Blvd. #200
    Tucson, AZ 85719-6007
    24
    Eric J. McNeilus
    25 Heurlin Sherlock Panahi
    1636 North Swan Rd., Suite 200
    26
    Tucson, AZ 85712-4096
    27
    28 2

    Case 4:08-bk-15510-EWH Doc 91 Filed 08/06/10 Entered 08/06/10 11:34:09 Desc


    Main Document Page 2 of 3
    1 Leonard J. McDonald, Jr.
    Tiffany & Bosco PA
    2
    2525 North Camelback Rd., Suite 300
    3 Phoenix, AZ 85016

    4 Mark S. Bosco
    Tiffany & Bosco PA
    5 2525 North Camelback Rd., Suite 300
    6 Phoenix, AZ 85016

    7 Natalia Shasko
    Saxon Mortgage Services, Inc.
    8 1270 Northland Drive., Suite 200
    Mendota Heights, MN 55120
    9
    10 Corey M. Robertus
    Saxon Mortgage Services, Inc.
    11 1270 Northland Drive., Suite 200
    Mendota Heights, MN 55120
    12
    13 Saxon Mortgage Services, Inc.
    1270 Northland Drive., Suite 200
    14 Mendota Heights, MN 55120
    15 Dianne C. Kerns
    16 7320 N. La Cholla #154 PMB 413
    Tucson, AZ 85714-2305
    17
    U.S. Trustee
    18 Office of the U.S. Trustee
    230 North First Avenue, Suite 204
    19
    Phoenix, AZ 85003
    20
    21
    22
    23
    24
    25
    26
    27
    28 3

    Case 4:08-bk-15510-EWH Doc 91 Filed 08/06/10 Entered 08/06/10 11:34:09 Desc


    Main Document Page 3 of 3

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