May 3, 2013 by Abby

Opinion and Commentary Note:

New Century Mortgage and Home123 Corporation filed for bankruptcy in Delaware on 4-2-2007. Now the bankruptcy case is called New Century Liquidating Trust and the case number is 07-10416 KJC. As of 5/2/2013 there are still a handful of homeowner-borrowers litigating up in that bankruptcy. At least two pro se homeowner-borrowers negotiated cash settlements between 60K and 80K. Homeowner-borrowers contend that they never received notice of the bar date. Atty. Uhland testified at an earlier hearing for the Helen Galope AP case, that the homeowner-borrowers were never considered as creditors. No bar date notice was ever given to the homeowner-borrowerss. For one day each-there was a publication of the bankruptcy in very small print in the Technology Section of the Wall Street Journal (almost illegible) and for the benefit of the New Century employees a one day publication of the bankruptcy in the Orange County CA newspaper. Thus, all the homeowner-borrowers were completely unaware that the bankruptcy had been declared and of the bar date notice. Many attorneys who defend the same borrower-homeowners are also unaware of the bankruptcy of New Century Mortgage. If interested, you should consult an attorney. The Delaware bankruptcy court allegedly refuses to abide by the Third Circuit Appeal Court decision in Wright v. Owens, which was not granted certiorari at the US Supreme Court level, thus making the Third Circuit decision stand. No borrowers committee was ever formed for the homeowner-borrowers who were victims of one of the most notorious predatory lenders in the world and which contributed to the largest financial crisis in the world. The pro se homeowner-borrowers-creditors have not found any legal representation. Most recently a pro se filed a Motion of Recusal of the judge, which was not successful. One pro se is appealing to the Third Circuit. The FHFA has filed a lawsuit against the likes of Chase, Goldman Sachs etc, on behalf of Fannie Mae and Freddie Mac. Recently, in the last several months, subpoenas were served against New Century by these large banking entities. The FHFA case is driving the banking entities to re-underwrite certain loans in certain mortgage pools (securities). The case number is 11-6198 (DLC) in USDC Southern District of NY. The liquidating trust has an appointed bankruptcy trustee, Alan Jacobs. He is represented by the NY Law firm of Hahn & Hessen. The U.S. Trustee appears to be absent. Some pro se homeowner-borrowers have alleged bankruptcy fraud. When a pro se presented evidence of a fraudulent Assignment and an Affidavit from the former New Century employee-notary which supported the fact that it was a fraudulent assignment, the court stated I dont see anything criminal here. The former New Century employee-notary (a California commissioned notary) violated California notarial laws, recordation laws and California penal codes. All cited in pleadings to that court and in judicial notices. The case below alleges supporting and similar violations. Take note: from some discovery the New Century Liquidating Trust admitted that the Assignments were done in blank. You should consult an attorney as in some states, Assignments (of mortgages, deeds) are void and illegal if done in blank. Assignments and endorsements of the notes is another area to examine.

There are allegations of a conspiracy to perpetrate an IRS tax evasion scheme (REMIC violations). Take note: New Century Mortgage and Home123 Corporation had their own set of employee-notaries, all of whom were commissioned in the State of California. You can go to the Secyt. Of State of California website and pull the Notary Guidebook for the year your Mortgage or Deed was assigned and notarized by one of their notaries. This particular set of notaries were allegedly instructed to NOT comply with California notary laws when they did their notarizations and they did not make any entries in their notary journals as proscribed by California notary laws. These documents were recorded in county recorder offices around the USA. The recommendation is to seek competent counsel. If you are interested in the case you can go into PACER, the federal court portal, and read. Use the case number above and select Delaware. The docket has over 11,000 entries now. The big banks were up in the case earlier (lower number docketed items) and the pro se are the more recent docket entries. Some pro se have filed APs (Adversary Proceedings, which are lawsuits within the bankruptcy). The APs would have different case numbers. Some to look for are Leslie Marks, Ralph White, Christine Konar, Anita Carr, Helen Galope, Pierre Augustin, El Veasta Lampley. Other pro se who have claims in that court are Kimberly Cromwell (Simonee), Karan Russell, Dan Welty, Alfred Silva, Janet Longho and others. Mary Guinto and the Mark Fraziers also settled. Even though the bankruptcy has been ongoing since 4-2-2007, the New Century Liquidating Trust publishes financial statements each quarter and still has millions in income. It also pays to the appointed trustees attorneys fees of up to $300,000 per month in some months. When pro se travel back to Delaware for an evidentiary hearing, the number of attorneys which show up in court is usually 7-- To litigate against one single pro se homeowner. This is the case over and over. Those attorneys are billing at hundreds of dollars, if not thousands, per hour. AND the same NY law firm now representing the NC Liquidating Trust also had prior represented some of the bank creditors! Of great interest is the subpoena docket entry 11101 filed 3/15/2013. You should read it. Most recently the New Century Liquidating Trust went on a campaign to try to abandon and destroy mortgage loan files and documents and other data which homeowners may require as discovery in order to fight the fraud and foreclosures and to clear their clouded titles. Some pro se fought hard in that court to try to preserve their data, files and documents from being destroyed. Folks not involved in the bankruptcy up there, should consult their attorneys as their data, files and documents may be very close to being destroyed. Disclaimer: I am not an attorney and not offering legal advice or services. The above is my opinion and is for educational purposes only. It should not be used as the basis for any legal claim or filing. Always consult a competent attorney in the correct jurisdiction.

IN THE DISTRICT OF HARRIS COUNTY TEXAS 151st JUDICIAL DISTRICT

MARY ELLEN WOLF AND DAVID WOLF, on behalf of themselves and all others similarly situated, v. WELLS FARGO, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, TOM CROFT, NEW CENTURY MORTGAGE CORPORATION, AND CARRINGTON MORTGAGE SERVICES, LLC.

ORDER GRANTING CLASS CERTIFICATION

excerpt: Plaintiffs seek certification of a class consisting of all persons and entities having a residential mortgage loan on real property in the State of Texas securitized into the 2006-NC4 Trust, with a court record, lien, claim, or claim against an interest in the real property filed in Texas after August 10, 2006, up to and including the date notice is first provided to the Class, and also seek certification of a subclass consisting of all persons and entities that lost ownership to real property in the state of Texas resulting from a foreclosure initiated by Wells Fargo Bank, N.A., as Trustee for 2006NC4 Trust after August 10, 2006 up to and including the date notice is first provided to the Class. In support of this order, the Court makes the following FINDINGS OF FACT AND CONCLUSIONS OF LAW on the elements of this Rule 42 common-question class:

A. Factual Background
Wells Fargo Bank, N.A. (Wells Fargo) is serving as trustee of the Carrignton Mortgage Loan Trust Series 2006-NC3 (2006-NC3 Trust). As trustee, Wells Fargo is responsible for the assets that are allegedly held in the trust. According to McDonnells expert analysis, there is no evidence in the record showing the Wolfs Note and Security Instrument were properly negotiated, delivered, or transferred to all necessary parties in the securitization chain. This is required under the mortgage loan purchase agreement and the Pooling and Servicing Agreement (P&S Agreement) in order to convey these instruments into the 2006-NC3 trust. There are fatal breaks in the chain of title which indicates these instruments were never transferred into 2006-NC3 Trust. In McDonnells expert opinion, Defendant Wells Fargo is not the current owner and holder of the Wolfs Note and Deed of Trust. [...]

see attached case file