Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Doc.
No.
DatesDescription
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Filed: 03/09/2009
Entered: 03/10/2009
Summons Issued
Docket Text: 20 DAY Summons Issued re Complaint - (Discovery)[1] as to defendants Quality Loan Service Corp, Fremont Investment & Loan, Litton Loan Servicing LLP. (twdb)
1
Filed: 03/09/2009
Entered: 03/10/2009
Complaint - (Discovery)
Docket Text: COMPLAINT against defendants Quality Loan Service Corp, Fremont Investment & Loan, Litton Loan Servicing LLP.(Filing fee $ 350 paid) jury demand., filed by plaintiff Richard Shelley.(twdb) (lwag).
2
Filed: 03/09/2009
Entered: 03/10/2009
Certificate/Notice of Interested Parties
Docket Text: NOTICE of Interested Parties filed by plaintiff Richard Shelley, (twdb) (lwag).
4
Filed: 03/09/2009
Entered: 03/11/2009
Declaration (non-motion)
Docket Text: DECLARATION of Richard L. Shelley in support of exparte application to stop trustee's sale filed by Plaintiff Richard Shelley. (twdb) (lwag).
5
Filed: 03/09/2009
Entered: 03/11/2009
Declaration (non-motion)
Docket Text: DECLARATION of Stephen F. Dial re notice in compliance with local rule 7-19.1 filed by Plaintiff Richard Shelley. (twdb) (lwag).
6
Filed: 03/09/2009
Entered: 03/11/2009
Memorandum of Points and Authorities in Support (non-motion)
Docket Text: MEMORANDUM of Points and Authorities in Support of application to stop sale filed by plaintiff Richard Shelley. (twdb) (lwag).
3
Filed & Entered:  03/10/2009
Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES OF IN CHAMBERS ORDER by Judge Cormac J. Carney: DENYING PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE REGARDING A PRELIMINARY INJUNCTION [filed 03/09/09]: (See document for details.) For the foregoing reasons, Mr. Shelleys ex parte application is DENIED. (rla)
7
Filed & Entered:  03/11/2009
Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES OF IN CHAMBERS AMENDED ORDER by Judge Cormac J. Carney DENYING Plaintiff's Ex Parte Application for a Temporary Restraining Order and Order to Show Cause Regarding a Preliminary Injunction [3]. (nbo)
8
Filed & Entered:  03/12/2009
Reassign Case upon Recusal of Magistrate Judge (CV-110)
Docket Text: ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Arthur Nakazato. ORDER case returned to the Clerk for random reassignment re: Discovery pursuant to General Order 05-07 and General Order 08-05. Case randomly reassigned from Magistrate Judge Arthur Nakazato to Magistrate Judge Marc L. Goldman for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV09-00291 CJC (MLGx). (ade)
9
Filed & Entered:  03/27/2009
First Stipulation Extending Time to Answer (30 days or less)
Docket Text: FIRST STIPULATION Extending Time to Answer the complaint as to Litton Loan Servicing LLP answer now due 4/10/2009, filed by Defendants Litton Loan Servicing LLP.(Bivin, Chaise)
10
Filed & Entered:  04/01/2009
Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed document was not submitted as separate attachment. RE: First Stipulation Extending Time to Answer (30 days or less)[9]. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (nca)
11
Filed & Entered:  04/01/2009
First Stipulation Extending Time to Answer (30 days or less)
Docket Text: FIRST STIPULATION Extending Time to Answer the complaint as to filed by Defendant Litton Loan Servicing LLP. (Attachments: # (1) Proposed Order)(Bivin, Chaise)
12
Filed: 04/03/2009
Entered: 04/07/2009
Order Extending Answer Due Deadline
Docket Text: ORDER granting Stipulation Extending Time to File a Responsive Pleading [9], by Judge Cormac J. Carney: Defendant Litton Loan Servicing, LLP shall have until April 10, 2009, to file a motion to dismiss or otherwise respond to the complaint in the above-captioned case. IT IS SO ORDERED. (rla)
13
Filed & Entered:  04/10/2009
First Stipulation Extending Time to Answer (30 days or less)
Docket Text: FIRST STIPULATION Extending Time to Answer the complaint as to Litton Loan Servicing LLP answer now due 4/29/2009, filed by Defendant Litton Loan Servicing LLP.(Bivin, Chaise)
14
Filed & Entered:  04/10/2009
First Stipulation Extending Time to Answer (30 days or less)
Docket Text: FIRST STIPULATION Extending Time to Answer the complaint as to filed by Defendant Litton Loan Servicing LLP.(Bivin, Chaise)
15
Filed & Entered:  04/15/2009
Stipulation for Extension of Time to File Response/Reply
Docket Text: STIPULATION for Extension of Time to File Response filed by Defendant Quality Loan Service Corp.(Scott, David)
16
Filed & Entered:  04/15/2009
Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by Defendant Quality Loan Service Corp, re Stipulation for Extension of Time to File Response/Reply[15] served on April 15, 2009. (Scott, David)
17
Filed & Entered:  04/15/2009
Declaration (non-motion)
Docket Text: DECLARATION of Quality Loan Service Corp. Nonmonetary Status [Civil Code §29241] filed by Defendant Quality Loan Service Corp. (Attachments: # (1) Declaration of David Owen)(Scott, David)
18
Filed & Entered:  04/15/2009
Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by Defendant Quality Loan Service Corp, re Declaration (non-motion)[17] served on April 15, 2009. (Scott, David)
19
Filed & Entered:  04/29/2009
First Stipulation Extending Time to Answer (30 days or less)
Docket Text: FIRST STIPULATION Extending Time to Answer the complaint as to Litton Loan Servicing LLP answer now due 5/20/2009, filed by Defendant Litton Loan Servicing LLP. (Attachments: # (1) Proposed Order)(Bivin, Chaise)
20
Filed: 04/29/2009
Entered: 04/30/2009
Order
Docket Text: ORDER RE STIPULATION EXTENDING LITTON LOAN SERVICING, LP'S DEADLINE TO FILE A RESPONSIVE PLEADING by Judge Cormac J. Carney [19]. Defendant Litton Loan Servicing, LLP shall have until 04/10/2009 to file a motion to dismiss or othewise respond to the complaint. (db)
21
Filed & Entered:  05/15/2009
Terminated: 06/15/2009
Motion to Withdraw as Attorney
Docket Text: NOTICE OF MOTION AND MOTION of Stephen F. Dial to Withdraw as Attorney filed by plaintiff Richard Shelley. Motion set for hearing on 6/8/2009 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # (1) Declaration Declaration of Stephen F. Dial, # (2) Proposed Order Allowing Stephen F. Dial to Withdraw As Counsel of Record)(Dial, Stephen)
22
Filed & Entered:  05/15/2009
Service of Summons and Complaint Returned Executed (20 days)
Docket Text: PROOF OF SERVICE Executed by Plaintiff Richard Shelley, upon Quality Loan Service Corp served on 3/11/2009, answer due 3/31/2009. Original Summons not returned. (Dial, Stephen)
23
Filed & Entered:  05/15/2009
Service of Summons and Complaint Returned Executed (20 days)
Docket Text: PROOF OF SERVICE Executed by Plaintiff Richard Shelley, upon Litton Loan Servicing LLP served on 3/11/2009, answer due 5/20/2009. Original Summons not returned. (Dial, Stephen)
24
Filed: 05/19/2009
Entered: 05/20/2009
Notice of Document Discrepancies and Order - Rejecting
Docket Text: NOTICE OF DISCREPANCY AND ORDER: by Judge Cormac J. Carney, ORDERING Notice of Motion and Motion to Withdraw as Counsel, Proposed Order and Declaration of Stephen F. Dial submitted by Plaintiff Richard Shelley received on 5/15/2009 is not to be filed but instead rejected. Denial based on: Case is designated for efiling pursuant to General Order 08-02. (lwag)
25
Filed & Entered:  05/20/2009
Terminated: 06/15/2009
Motion to Dismiss Case
Docket Text: NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State A Claim Upon Which Relief Can Be Granted [FRCP 12(B)(6)] filed by Defendant Litton Loan Servicing LLP. Motion set for hearing on 6/8/2009 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # (1) Memo of Points & Authorities, # (2) Declaration of Chaise Bivin, # (3) Request for Judicial Notice, # (4) Proposed Order)(Bivin, Chaise)
26
Filed & Entered:  05/20/2009
Notice (Other)
Docket Text: NOTICE of Change of Hearing Date of Litton Loan Servicing, LLP's Motion to Dismiss filed by Defendant Litton Loan Servicing LLP. [Date changed from 6/8/09 to 6/15/09] (Bivin, Chaise)
27
Filed & Entered:  06/01/2009
Non-Opposition to Motion
Docket Text: NOTICE OF NON-OPPOSITION to MOTION to Dismiss Case for Failure to State A Claim Upon Which Relief Can Be Granted [FRCP 12(B)(6)] MOTION to Dismiss Case for Failure to State A Claim Upon Which Relief Can Be Granted [FRCP 12(B)(6)][25] filed by Plaintiff Richard Shelley. (Attachments: # (1) Declaration of Stephen F. Dial)(Dial, Stephen)
28
Filed & Entered:  06/05/2009
Stipulation to Continue
Docket Text: STIPULATION to Continue Hearings on Motion to Withdrawn and Litton's Motion to Dismiss from June 8, 2009 to June 15, 2009 filed by Defendant Litton Loan Servicing LLP. (Attachments: # (1) Proposed Order)(Bivin, Chaise)
29
Filed: 06/08/2009
Entered: 06/12/2009
Order
Docket Text: ORDER by Judge Cormac J. Carney: Upon stipulation [28], the Court orders that hearing on Stephen F. Dial's Motion to Withdraw as Counsel [21] shall be continued to 6/15/2009 at 1:30 PM. The Court further orders that the hearing on Litton Loan Servicing, LP's Motion to Dismiss [25] shall be continued to 6/15/2009 at 1:30 PM as well. IT IS SO ORDERED. (mu)
30
Filed: 06/15/2009
Entered: 06/16/2009
Order on Motion to Withdraw as Attorney
Docket Text: MINUTES OF granting [21] Motion to Withdraw as Attorney ; granting [25] Motion to Dismiss Case without leave to amend; Motion Hearing held before Judge Cormac J. CarneyCourt Reporter: Maria Dellaneve. (ade)
31
Filed: 06/15/2009
Entered: 06/16/2009
Order
Docket Text: ORDER Allowing Stephen F Dial to Withdraw as Counsel of Record by Judge Cormac J. Carney. Upon motion of Stephen F Dial of this court for permission to withdraw as counsel for plaintiff [21], it is ORDERED that Stephen F Dial be allowed to withdraw as counsel for plaintiff. (db)
32
Filed & Entered:  06/16/2009
Notice of Lodging
Docket Text: NOTICE OF LODGING filed [Lodging Order Granting Litton Loan Servicing LLPs Motion to Dismiss] re MOTION to Dismiss Case for Failure to State A Claim Upon Which Relief Can Be Granted [FRCP 12(B)(6)] MOTION to Dismiss Case for Failure to State A Claim Upon Which Relief Can Be Granted [FRCP 12(B)(6)][25] (Attachments: # (1) Proposed Order)(Bivin, Chaise)
33
Filed: 06/17/2009
Entered: 06/18/2009
Order Dismissing Case
Docket Text: ORDER DISMISSING CASE by Judge Cormac J. Carney. Littons motion to dismiss is granted without leave to amend and this complaint is dismissed with prejudice. See order for details. (Made JS-6. Case Terminated.) (smi)
34
Filed & Entered:  06/22/2009
Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by Plaintiff Richard Shelley, re Order, [31] Allowing Stephen F. Dial to Withdraw as Counsel of Record served on June 19, 2009. (Dial, Stephen)
35
Filed & Entered:  06/23/2009
Miscellaneous Document
Docket Text: Certificate of Service of Order Granting Litton Loan Servicing LP's Motion to Dismiss filed by Defendant Litton Loan Servicing LLP (Bivin, Chaise)
36
Filed & Entered:  06/26/2009
Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected RE: Miscellaneous Document[35]. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (twdb)

 

shouldn't I have at least got a default judgement on them or something?

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A default judgment?  For what?

From the docket it appears the Court denied your TRO, there were some documents filed concerning your attorney wanting to be removed from representing you and the Defendants filed a Motion to Dismiss.

The record then shows the Plaintiff, presumably you, filing a Notice of Non-Opposition to the Motion to Dismiss.  Did you KNOW that the document was filed?  It normally means you don't oppose the motion to dismiss.

Why would you expect a default judgment be handed to you?  The Defendant appeared and answered, albeit after a couple of extensions of time to file the answer.

It looks like someone on the Plaintiff's side was asleep at the wheel.

What is the real story?  Is there something not reflected in the docket you posted?


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my attorney refused to state my claim so he stayed on until they filed the motion & I didn't know what to do at that point . they never called me (or notified me) to tell me I was supposed to be in court. Plus they dismissed the case without leave to amend with prejudice.

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Knows About TROs
What WAS the claim, Philip?  I AGREE with Ken.  I see a case filed asking for a TRO, a denial of the TRO and Item 27 that "NON-OPPOSITION to MOTION to Dismiss Case...".  I am hard pressed to see why a court would rule against a motion which is AGREED TO by the parties.

I do NOT GET IT.  You think this shows WHAT?

It appears to me to show a rather novel way to waste money on litigation!

Perhaps the plaintiff has some sort of valid malpractice claim, but to a certain extent this presupposes that there was some valid affirmative case in the first place.

It also appears most likely that the plaintiff's attorney wasn't being paid.  It is rare to see an attorney withdraw except for either non-payment or serious disagreement with the client's legal strategy and then most often because the approach might get the lawyer disciplined. 

In those states which allow private power of sale under a deed of trust, the mortgage investor is really holding most of the cards.  Those that are carrying signs and protesting really ought to put together a legislative ballot initiative to BAN private power of sale.

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