Judge Samuel L. BUFFORD, of the United States Bankruptcy Court - Central District of California, has advised all creditors of the NECESSITY of producing the ORIGINAL promissory note in all cases at a hearing on a motion for relief of stay in his court.
Contact information for Judge BUFFORD:
United States Bankruptcy Court - Central District of California
Edward R. Roybal Federal Building and Courthouse
255 E. Temple Street, Suite 1582
Los Angeles, CA 90012
Chambers (213) 894-0992
Courtroom Deputy (213) 894-0995
Court Recorder Contact (213) 894-3303
Judge BUFFORD's Notice:
TO COUNSEL AND PARTIES IN INTEREST
RELIEF FROM STAY MOTIONS
Beginning January 22, 2008 (and until further notice), Judge Bufford will require that
a moving party on a relief from stay motion based on a promissory note bring to
court for inspection the original promissory note. (Note: do not file the note with the
court – bring it to the hearing). Production of the note will be excused only under
circumstances such as those provided in Evidence Code Rule 1004 or Cal. Comm.
Code § 3301 (as shown by competent evidence).
This requirement will apply because developments in the secondary market for mortgages
and other security interests cause the court to lack confidence that presenting a copy of a
promissory note is sufficient to show that movant has a right to enforce the note or that it
qualifies as a real party in interest (as required by Rules 7017 and 9014). Pursuant to Cal.
Comm. Code § 3412, an obligation to pay is only owing to a “person entitled to enforce an
instrument” (as defined in § 3301). Thus, the court cannot admit copies of promissorynotes in these circumstances under Evidence Code § 1003.
Follow the link for "Forms/Instructions/Procedures/Self-Calendaring". Then under "INSTRUCTIONS / PROCEDURES". select "Relief from Stay Notice".