Thank You ABBY!

This post is from Abby. You can catch her email in comments where she originally posted. Just one word of caution: Just because the Trustee or officer of the SPV pool claims to have your loan doesn’t mean they really do. In fact they may only have a spreadsheet with no documentation, no original notes, no copies of the note, no copy of the deed, deed of trust or mortgage deed. They may have something they called an allonge and are treating it as though it was an assignment. The attempted transfer will almost ALWAYS violate the terms of the the SPV mortgage backed bonds and almost certainly violate the terms of the pooling and service agreement which is the document governing the pools created by aggregators before they were “sold” to the SPV. For one thing these documents usually state that the execution of the transfer documentation must be in recordable form and some of them even say they should be recorded. There are many other terms as well that conflict with each other and conflict with the actions of the intermediary participants in the securitization chain.

This is why this research is so important — but you should not be doing it to prove your case. You should be doing it to make them justify their position.

By delving deep in discovery or seeking an order compelling them to answer the QWR or DVL, they will eventually anger the judge by their stonewalling. Judicial anger is behind some of the most favorable decisions on record so far. The Judge gets there by recognizing that he/she has been duped and now the truth is coming out that these foreclosing parties are illegiitimate: they are not creditors, they are not lenders, they are not beneficiaries. They are simply interlopers seeking a windfall leaving the homeowners and the investor who advanced the funds in the dark. Shine the light and they scatter like roaches in the middle of the night.

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WANT TO SEARCH FOR THE TRUST YOUR LOAN WENT INTO??

Some steps below to use the SEC website to locate your loan and the trust it is in (mortgage pool).

This example uses WAMU (Washington Mutual).
Typically, Chase had JPMAC (JP Morgan Acquisition Corp) as the name of trusts.

http://www.sec.gov/

1. click on above link
2. if you have not yet created a free account and it asks you for login info…create the account
3. click on ’search’ in upper right corner
4. in the blue area, type in WAMU in the ‘company name’ field
5. click find companies at bottom
6. this brings up all the WAMU filings
7. search around for one that is the year you got your WAMU refi
8. it will be tedious, but you have to click on each CIK number (in red) over on left, and that will take you to a whole big list of more filings for that particular trust
9. go through and click on any ‘fwp’….read/scan to see if it lists any loan numbers….some will….check to see if your loan number is in it.
10. when you click on an ‘fwp’, which means free writing prospectus, you will see even more files…try to avoid looking at the ones that have .txt ending (the other, usually an html file, will have any infor you may need.

Note: you may want to also search around in years just prior to or just after your loan was done.

Some of these deals were set up even prior to you getting your loan.

Again, another place you may find the trust name is on your recorded docs, in MERS or on a Power of Attorney filed at the county recorder by the Securities trustee in your local county (if required by law).

Unarmed - 25 Aniversario de Helloween

Si, la portada que estáis viendo, pertenece al nuevo disco de Helloween. ¿A qué mola? Es una portada completamente inusual en la banda, pero siempre se agradecen cosas nuevas y originales. La modelo que sale en la portada es nada más y nada menos que la famosa Yesenia Adame, modelo, bailarina y actriz norteamericana (Ángeles y Demonios, Entourage, Dance Your Ass Off, etc.) Y es que hasta Los Ángeles (CA) se han ido para hacer la portada, ¡cómo se nota que les sobra la pasta!

Pero vamos a lo que de verdad interesa. Unarmed es el título que le han puesto a su nuevo disco, un disco especial ya que la banda cumple 25 años. Este disco no es una recopilación típica de éxitos de la banda como ya lo fue Treasure Cheast o The Best The Rest The Rare. Unarmed cuenta con todos los temas re-editados y re-grabados incluido un medley que incluye los temas Halloween – Keeper Of The Seven Keys – The King For A 1000 Years interpretadas junto a la Filarmónica de Praga, compuesta por 70 miembros.

Para más inri, también saldrá una edición especial en digi-pack con un DVD extra con contenido variado (entrevistas, Making Of, etc.)

Unarmed también estará disponible en doble vinilo, una grata noticia para aquellos que somos coleccionistas de dichas piezas.

Concretamente, el set-list consta de:

1. Dr. Stein
2. Future World
3. If I Could Fly
4. Where The Rain Grows
5. The Keeper’s Trilogy (un medley de 17 minutos formado por las canciones ‘Halloween’, ‘Keeper Of The Seven Keys’ y ‘The King for A 1000 Years’)
6. Eagle Fly Free
7. Perfect Gentleman
8. Forever & One
9. I Want Out
10. Falling To Pieces
11. A Tale That Wasn’t Right

En la grabación han participado varios invitados que el grupo no ha revelado.

Estará disponible en las siguientes fechas:

16 de diciembre: Japón, Sudeste Asiático (JVC/Victor)
29 de enero: Europa (Sony/SPV)

Ya sabemos todos como son las canciónes clásicas (era Keepers) cantadas por Andi Deris en directo, pero nunca las hemos escuchado en estudio. Por lo tanto, la curiosidad es enorme.

Deseando estoy de escucharlo y de tenerlo en mis manos (sobre todo el vinilo, que tiene que ser precioso).

Helloween

Helloween Forum

Helloween Myspace

Un abrazo.

Álvaro R.

The public discourse on climate change has tended to frame the issue as a tradeoff between development and greening; as a choice between generating wealth and creating a less carbon-intensive environment.

With United Nations talks in Copenhagen aimed at negotiating a global deal to replace the Kyoto protocol round the corner, it is the governments and political leaders of the world’s nations that have taken centre stage in the discussion.

But one crucial actor missing from much of the climate change conversation is business. If society is to make any fundamental changes in the model of growth, then business must not only be on board but must be a driver of innovation.

So, what does business have to say about the fight against global warming? How is the debate being framed by the wealth generators of society? Can climate change in fact be a money spinner?

Increasingly a number of businesses, both from traditional as well as newer, green-tech sectors, are answering that query in the affirmative. And unlike in the political sphere, the private sector’s response reveals a surprising unanimity between operators in the developed and developing world.

A recent report by Dalberg, an international consulting firm, titled ‘Champions of the Low Carbon Economy — Why CEOs are ready for a global climate agreement,’ undertook a survey of 40 global companies to conclude that business was eager for the opportunities an ambitious deal at Copenhagen would engender.

Three Indian groups were included: the Tatas, the SUN group and Praj Industries .

The common conclusion of the interviewed CEOs was that fighting climate change could be profitable, but a global deal would be necessary to secure the regulatory certainty required by business to truly commit to a new model of growth.

Pramod Chaudhari, Executive Chairman of Praj Industries, for example, envisioned a “2-3 times worldwide growth (for Praj) in the subsequent four- to five-year period, once a strong agreement and roadmap is in place.”

“The energy revolution is one of the greatest economic opportunities of our time,” added SUN Group’s Uday Khemka. “It will make the tech sector’s growth seem like a minor economic boom.”

Khemka warned however that “the failure to establish certainty and a price on carbon could result in a categorical disaster, because this could fundamentally undermine the confidence in clean energy investing and move the sector back a generation.”

Even companies without a specific focus on the environment underscored the need for a strong climate agreement, often in terms of protecting their customer base. Peter Foyo, who heads the wireless carrier Nextel Mexico, for example, claimed his business interest lay in the fact that, “My customer tomorrow needs to be a healthy person in a healthy world.”

The profits of fighting climate change are, moreover, not only a thing of the future. Many companies have already experienced how greening can be good for business. S M Trehan, Managing Director of the Indian power sector heavyweight Crompton Greaves , told Business Standard the company’s foreign subsidiaries survived the financial crisis by converting their manufacturing units to making transformers for wind turbines rather than the thermal power equipment they traditionally focused on.

“Climate change is the business opportunity of the twenty-first century,” said Trehan. “We need to focus on renewables and also energy efficiency. The opportunities lie in working out how to lower the losses during electricity transmission.” Crompton Greaves is part of the Avantha Group whose other main focus is on thermal power plants.

“If we envision the India of 2040, then 80 per cent of that country is yet to be built,” pointed out Richie Ahuja, the Indian representative of the Environmental Defence Fund. “This begs the question – do we follow the old growth paradigm or do we shift and develop a new growth paradigm that not only creates jobs but in the long run places us at a competitive advantage in the global economy?” Ahuja alluded to the fact that China has already seized the business opportunity inherent in low-carbon technologies.

From being the poster-child for environmental degradation, China has managed to turn its image around in a few short years, primarily because there is money to be made from it.

The country already produces some 50 percent of the world’s solar water heaters and nearly a third of the global solar photovoltaic units. The world’s largest SPV manufacturer, Suntech, is Chinese.

Suntech’s CEO Zhengrong Shi, also interviewed in the Dalberg Report, holds 11 patents and grew his business from a startup to its current size of $2 billion, in just eight years.

The Suntech story has encouraged a slew of companies to join the solar power sector, including Sunvim, a Zhejiang-based textile maker better known for one of the country’s popular towel brands.

According to a China Daily report, entire towns in Zhejiang province, the heart of the country’s light manufacturing region, are turning from textile production, in which China has long been a world-beater, to polysilicon manufacturing, a key component of the SPV industry.

The report quoted Shen Fuxin, the General Secretary of the Zhejiang Solar Energy Industry Association as saying that the average profits made by companies in the sector were reaching 20-30 percent.

China is also set to become the world’s leading manufacturer of wind turbines, with production capacity already at 13 GW, way ahead of the 10 GW by 2010 target set by the government. Chinese firms are aggresively competing in other global, low carbon markets as well, including energy efficient home appliances, and rechargeable batteries.

According to the UK-headquartered Climate Group investment in renewable energy in China — almost $12 billion in 2007 — is almost level with world leader Germany  as a percentage of GDP.

Pan Jiahua, Deputy Director of the Research Center for Sustainable Development at the Chinese Academy of Social Sciences told the Business Standard that green businesses in China were benefiting from a government that had realised that fighting climate change and economic development could go hand in hand rather than being seen in terms of a trade off.

“At the moment our power is coal based. But this is very dirty and we suffer from terrible pollution. Clean technologies will have a huge, positive health impact. What’s more they create jobs,” explained Pan.

“Looking at China,” EDF’s Ahuja concluded, “the question arises: Is this not the story we want to replicate in India based on the local context?”

Crompton’s Trehan answers with optimism. “It’s just a matter of time. India already has the fifth largest installed base for wind energy. As a business we are bullish on climate change.”

Well… the third-graders and the college students have been busy lately… especially because I haven’t been able to contact Izark for a while now and Albert is establishing a new game studio (Good luck for you, bro! ^^)

Anyways… for some while as well, I’m collaborating with Kazeki and Hipon from their respective studios to create sum awsum games! =D (okay, you may vommit if you lyk.)

Well… we’ve planned to release Sword of August and Xenophon’s Clash TCG this year, so stay tuned… ^^

Atención: si usted ha llegado a este articulo, debe saber que esta entrada es antigua y ya hay noticias detalladas sobre el nuevo disco de Helloween. Puede informarse pinchando en este enlace.

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Pues si señores, las calabazas preparan un album especial para celebrar su 25 Aniversario. ¡Y ya era hora! Ya se hechaba en falta nuevo material de los alemanes. El disco, según he podido ver en esta página, verá la luz en Octubre. Osea, que no lanzarán un recopilatorio del tipo ‘Treasure Cheast’. ¡Menos mal! Siempre se agradece que los grupos saquen material nuevo. No es algo que se haya hecho oficial, pero la información es de fiar, puesto que SPV es la discografica de Helloween. Que por cierto, tengo que decir, que podrían actualizar un poco más la web oficial del grupo con noticias nuevas, etc. Pero nada, hay un secretismo abismal. ¿Será por que planean algo gordo?

¿Cómo será el nuevo album? Recordemos que su anterior disco, Gambling With The Devil, fue una buena sorpresa para muchos. Tras haber sacado dos discos bastante mediocres como son el Rabbit Don´t Come Easy (2003) y el Keeper Of The Seven Keys -The Legacy- (2005), Helloween nos deleitaban con un sonido nuevo, más experimental y original que sus últimos trabajos. Como si metieramos en una batidora un poco de Time Of The Oath y Better Than Raw con toques de The Dark Ride. Tras unos videoclips espantosos (como de costumbre desde hace años), y sin entrar en comparciónes con los míticos Keepers, Gambling With The Devil perfectamente podria considerarse uno de los mejores trabajos de Helloween hasta la fecha. Esperemos que el nuevo disco sea igual o mejor, pero para ello, tendremos que esperar un par de meses.

SPV there will be a sampler available plus new releases from ANNIHILATOR, THE MISSION and ICED EARTH in September – HELLOWEEN, SKINNY PUPPY, WELLE:ERDBALL and a new MAX RAADE DVD in October – KRUPPS, THE ANSWER and a new studio album by KLAUS SCHULZE in December. All releases will be supported by substantial promo/marketing campaigns.

¡Un abrazo!

Álvaro Rojas.

Deutsche Bank has some explaining to do.  Why would they buy a nonperforming loan from MERS 142 days after a payment default?

The instant foreclosure application states that defendant CAMPBELL defaulted on his mortgage payments by failing to make his April 1, 2007 and subsequent monthly loan payments. Yet, on August 20, 2007, 142 days subsequent to defendant CAMPBELL’s alleged May 1, 2007 payment default, plaintiff DEUTSCHE BANK was willing to take an assignment of the instant nonperforming loan from MERS, as nominee for FIRST FRANKLIN. Thus, the Court requires, upon renewal of this motion for summary judgment and an order of reference, a satisfactory explanation from an officer of the FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11 as to why DEUTSCHE BANK purchased a nonperforming mortgage loan from MERS, as nominee for FIRST FRANKLIN.

DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee for First Franklin Mortgage Loan Trust 2006-FF 11, 3476 Stateview Boulevard Fort Mill, SC 29715, Plaintiff,
v.
ROLANDO CAMPBELL, et al., Defendants.
31764/07
Supreme Court of the State of New York, Kings County.
Decided December 16, 2008.
Tracy M Fourtner, Esq., Steven Baum PC, Buffalo NY, Plaintiff.
ARTHUR M. SCHACK, J.
Plaintiff’s motion for summary judgment and an order of reference for the premises located at 780 New Jersey Avenue, Brooklyn, New York (Block 4299, Lot 43, County of Kings) is denied without prejudice, with leave to renew upon providing the Court with: a copy of a valid assignment of the instant mortgage to plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11 (DEUTSCHE BANK); a satisfactory explanation of the conflict of interest by plaintiff’s counsel, Steven J. Baum, P.C., with respect to the August 20, 2007 assignment of the instant mortgage and note from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), as nominee for FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF IN (FIRST FRANKLIN), by Darleen Karaszewski, Esq., the assignor, an attorney employed by Steven J. Baum, P.C., plaintiff’s counsel, and the simultaneous representation by Steven J. Baum, P.C., of assignee plaintiff DEUTSCHE BANK; and, an affidavit by an officer of the FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11, explaining why plaintiff DEUTSCHE BANK purchased the instant nonperforming loan.

Background
Defendant ROLANDO CAMPBELL borrowed $420,000.00 from FIRST FRANKLIN on May 1, 2006. The note and mortgage were recorded in the Office of the City Register, New York City Department of Finance on June 2, 2006, at City Register File Number (CRFN) 2006000308921. MERS, the nominee of FIRST FRANKLIN for the purpose of recording the mortgage, purportedly assigned the mortgage and note to plaintiff DEUTSCHE BANK on August 20, 2007, effective August 10, 2007, with the assignment recorded on September 11, 2007, at CRFN 2007000467191. The assignment was executed by “Darleen Karaszewski, Esq. On [sic] behalf of MERS, by Corporate Resolution dated 7/19/07.” Neither a corporate resolution nor a power of attorney to Ms. Karaszewski were recorded with the assignment. Thus, the assignment is invalid and plaintiff DEUTSCHE BANK lacks standing to bring the instant foreclosure action.

Further, the assignor, Ms. Karaszewski, according to the Office of Court Administration’s Attorney Registration, has as her business address, “Steven Baum, P.C., 220 Northpointe Parkway, Suite G, Amherst, NY 14228-1894.” Two days after Ms. Karaszweski executed the invalid MERS assignment, August 22, 2007, plaintiff’s counsel, Steven J. Baum, P.C., commenced the instant action on behalf of purported assignee DEUTSCHE BANK, with the filing of a notice of pendency, and the summons and complaint in the Kings County Clerk’s Office. The Court is concerned that the simultaneous representation by Steven J. Baum, P.C. of both MERS and DEUTSCHE BANK is a conflict of interest in violation of 22 NYCRR § 1200.24, the Disciplinary Rule of the Code of Professional Responsibility, entitled “Conflict of Interest; Simultaneous Representation.”

The instant foreclosure application states that defendant CAMPBELL defaulted on his mortgage payments by failing to make his April 1, 2007 and subsequent monthly loan payments. Yet, on August 20, 2007, 142 days subsequent to defendant CAMPBELL’s alleged May 1, 2007 payment default, plaintiff DEUTSCHE BANK was willing to take an assignment of the instant nonperforming loan from MERS, as nominee for FIRST FRANKLIN. Thus, the Court requires, upon renewal of this motion for summary judgment and an order of reference, a satisfactory explanation from an officer of the FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11 as to why DEUTSCHE BANK purchased a nonperforming mortgage loan from MERS, as nominee for FIRST FRANKLIN.

Discussion
The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case. (Alvarez v Prospect Hospital, 68 NY2d 320, 324 [1986]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404 [1957]). Failure to make such a showing requires denial of the motion, regardless of the sufficiency of the opposing papers. (Matter of Redemption Church of Christ v Williams, 84 AD2d 648, 649 [3d Dept 1981]; Greenberg v Manlon Realty, 43 AD2d 968, 969 [2d Dept 1974];Winegrad v New York University Medical Center, 64 NY2d 851 [1985]).

CPLR 3212 (b) requires that for a court to grant summary judgment the court must determine if the movant’s papers justify holding as a matter of law “that there is no defense to the cause of action or that the cause of action or defense has no merit.” The evidence submitted in support of the movant must be viewed in the light most favorable to the non-movant. (Marine Midland Bank, N.A. v Dino & Artie’s Automatic Transmission Co., 168 AD2d 610 [2d Dept 1990]). Once the movant has established his or her prima facie case, the party opposing a motion for summary judgment bears the burden of “produc[ing] evidentiary proof in admissible form sufficient to require a trial of material questions of fact . . . mere conclusions, expressions of hope or unsubstantiated allegations or assertions are insufficient” (Zuckerman v City of New York, supra at 562; see also Romano v St. Vincent’s Medical Center of Richmond, 178 AD2d 467, 470 [2d Dept 1991]; Tessier v New York City Health & Hospitals Corp., 177 AD2d 626 [2d Dept 1991]).

Summary judgment shall be granted only when there are no issues of material fact and the evidence requires the court to direct judgment in favor of the movant as a matter of law. (Friends of Animals, Inc., v Associated Fur Mfrs., 46 NY2d 1065 [1979]).

Plaintiff, in the instant action, moved for summary judgment and an order of reference on July 9, 2008. Defendant CAMPBELL appeared pro se, with opposition papers, in the Foreclosure Motion Part on August 7, 2008. The motion was adjourned to October 3, 2008 for oral argument before me. On October 3, 2008 the matter was adjourned to December 12, 2008.

Plaintiff appeared on December 12, 2008 for oral argument, but defendant CAMPBELL defaulted. However, the Court is required to review, as noted above, the motion papers to determine if plaintiff made a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case. (Alvarez v Prospect Hospital, supra; Zuckerman v City of New York, supra; Sillman v Twentieth Century-Fox Film Corp., supra). The Court’s review of plaintiff’s moving papers demonstrates that plaintiff DEUTSCHE BANK fails to make such a showing. Therefore, the Court denies the instant motion.

Plaintiff DEUTSCHE BANK must have “standing” to bring this action. The Court of Appeals (Saratoga County Chamber of Commerce, Inc. v Pataki, 100 NY2d, 901, 812 [2003]), cert denied 540 US 1017 [2003]) held that “[s]tanding to sue is critical to the proper functioning of the judicial system. It is a threshold issue. If standing is denied, the pathway to the courthouse is blocked. The plaintiff who has standing, however, may cross the threshold and seek judicial redress.” In Carper v Nussbaum, 36 AD3d 176, 181 (2d Dept 2006), the Court held that “[s]tanding to sue requires an interest in the claim at issue in the lawsuit that the law will recognize as a sufficient predicate for determining the issue at the litigant’s request.

” If a plaintiff lacks standing to sue, the plaintiff may not proceed in the action. (Stark v Goldberg, 297 AD2d 203 [1d Dept 2002]). “Since standing is jurisdictional and goes to a court’s authority to resolve litigation [the court] can raise this matter sua sponte.” (Axelrod v New York State Teachers’ Retirement System, 154 AD2D 827, 828 [3d Dept 1989]).

In the instant action, the August 20, 2007 assignment from MERS to DEUTSCHE BANK is defective. Therefore, DEUTSCHE BANK has no standing to bring this action. The recorded assignment by “Darleen Karaszewski, Esq. On [sic] behalf of MERS, by Corporate Resolution dated 7/19/07,” has neither the corporate resolution nor a power of attorney attached and recorded.

Real Property Law (RPL) § 254 (9) states: Power of attorney to assignee. The word “assign” or other words of assignment, when contained in an assignment of a mortgage and bond or mortgage and note, must be construed as having included in their meaning that the assignor does thereby make, constitute and appoint the assignee the true and lawful attorney, irrevocable, of the assignor, in the name of the assignor, or otherwise, but at the proper costs and charges of the assignee, to have, use and take all lawful ways and means for the recovery of the money and interest secured by the said mortgage and bond or mortgage and note, and in case of payment to discharge the same as fully as the assignor might or could do if the assignment were not made. [Emphasis added]

To have a proper assignment of a mortgage by an authorized agent, a power of attorney is necessary to demonstrate how the agent is vested with the authority to assign the mortgage. “No special form or language is necessary to effect an assignment as long as the language shows the intention of the owner of a right to transfer it [Emphasis added].” (Tawil v Finkelstein Bruckman Wohl Most & Rothman, 223 AD2d 52, 55 [1d Dept 1996]; see Suraleb, Inc. v International Trade Club, Inc., 13 AD3d 612 [2d Dept 2004]).

To foreclose on a mortgage, a party must have title to the mortgage. The instant assignment is a nullity. The Appellate Division, Second Department (Kluge v Fugazy, 145 AD2d 537, 538 [2d Dept 1988]), held that a “foreclosure of a mortgage may not be brought by one who has no title to it and absent transfer of the debt, the assignment of the mortgage is a nullity.” The Appellate Division, First Department, citing Kluge v Fugazy, (Katz v East-Ville Realty Co., 249 AD2d 243 [1st Dept 1998]), instructed that “[p]laintiff’s attempt to foreclose upon a mortgage in which he had no legal or equitable interest was without foundation in law or fact.”

It is clear that plaintiff DEUTSCHE BANK, with the invalid assignment of the instant mortgage and note from MERS, lacks standing to foreclose on the instant mortgage. The Court, in Campaign v Barba (23 AD3d 327 [2d Dept 2005]), held that “[t]o establish a prima facie case in an action to foreclose a mortgage, the plaintiff must establish the existence of the mortgage and the mortgage note, ownership of the mortgage, and the defendant’s default in payment [Emphasis added].” (See Household Finance Realty Corp. of New York v Wynn, 19 AD3d 545 [2d Dept 2005]; Sears Mortgage Corp. v Yahhobi, 19 AD3d 402 [2d Dept 2005]; Ocwen Federal Bank FSB v Miller, 18 AD3d 527 [2d Dept 2005]; U.S. Bank Trust Nat. Ass’n v Butti, 16 AD3d 408 [2d Dept 2005]; First Union Mortgage Corp. v Fern, 298 AD2d 490 [2d Dept 2002]; Village Bank v Wild Oaks Holding, Inc., 196 AD2d 812 [2d Dept 1993]).

Even if plaintiff can cure the assignment defect, plaintiff’s counsel then has to address the conflict of interest in the representation of both the assignor of the instant mortgage, MERS, and the assignee of the instant mortgage, DEUTSCHE BANK. 22 NYCRR § 1200.24, of the Disciplinary Rules of the Code of Professional Responsibility, entitled “Conflict of Interest; Simultaneous Representation,” states in relevant part:
(a) A lawyer shall decline proffered employment if the exercise of independent professional judgment in behalf of a client will be or is likely to be adversely affected by the acceptance of the proffered employment, or if it would be likely to involve the lawyer in representing differing interests, except to the extent permitted under subdivision (c) of this section. (b) A lawyer shall not continue multiple employment if the exercise of independent professional judgment in behalf of a client will be or is likely to be adversely affected by the lawyer’s representation of another client, or if it would be likely to involve the lawyer in representing differing interests, except to the extent permitted under subdivision (c) of this section.(c) in the situations covered by subdivisions (a) and (b) of this section, a lawyer may represent multiple clients if a disinterested lawyer would believe that the lawyer can competently represent the interest of each and if each consents to the representation after full disclosure of the implications of the simultaneous representation and the advantages and risks involved. [Emphasis added]
The Court needs to know if both MERS and DEUTSCHE BANK were aware of the simultaneous representation by plaintiff’s counsel, Steven J. Baum, P.C., and whether both consented. If plaintiff moves to renew its motion for summary judgment and an order of reference, the Court needs an affirmation by Steven J. Baum, Esq., the principal of Steven J. Baum, P.C., explaining if both MERS and DEUTSCHE BANK consented to simultaneous representation in the instant action with “full disclosure of the implications of the simultaneous representation and the advantages and risks involved.

” The Appellate Division, Fourth Department, the Department in which both Ms. Karaszewski and Mr. Baum are registered, (In re Rogoff, 31 AD3d 111 [2006]) censured an attorney, for inter alia, violating 22 NYCRR § 1200.24, by representing both a buyer and sellers in the sale of a motel.

The Court, at 112, found that the attorney, “failed to make appropriate disclosures to either the sellers or the buyer concerning dual representation.” Further, the Court, at 113, censured the attorney, after it considered the matters submitted by respondent in mitigation, including: that respondent undertook the dual representation at the insistence of the buyer, had no financial interest in the transaction and charged the sellers and the buyer one half of his usual fee. Additionally, we note that respondent cooperated with the Grievance Committee and has expressed remorse for his misconduct.

Next, if a power of attorney is used for an agent to act as MERS’ assignor of the instant mortgage and loan to DEUTSCHE BANK, the power of attorney presented to the Court must be an original or a copy certified by an attorney, pursuant to CPLR § 2105. CPLR § 2105 states that “an attorney admitted to practice in the court of the state may certify that it has been compared by him with the original and found to be a true and complete copy.” (See Security Pacific Nat. Trust Co. v Cuevas, 176 Misc 2d 846 [Civ Ct, Kings County 1998]).

Last, the Court requires a satisfactory explanation from an officer of the FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF 11 as to why in the middle of our national subprime mortgage financial crisis, plaintiff DEUTSCHE BANK purchased from MERS, as nominee of FIRST FRANKLIN, the instant nonperforming loan. The Court wonders if DEUTSCHE BANK violated a corporate fiduciary duty to the noteholders of the FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11with the purchase of a loan that defaulted 142 days prior to its assignment from MERS to FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11, rather than keep the mortgage loan on FIRST FRANKLIN’s books.

The Court is not sure that the noteholders of the FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11 are aware that DEUTSCHE BANK purchased the instant “toxic” nonperforming mortgage loan for the Trust. It could well be that MERS, as nominee for FIRST FRANKLIN, with the acquiescence of DEUTSCHE BANK, transferred the instant nonperforming loan, as well as others, to the FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11, as part of what former Federal Reserve Board Chairman Alan Greenspan referred to in his October 23, 2008 testimony, before the House Oversight Committee, as “a once in a century credit tsunami.”

Conclusion
Accordingly, it is
ORDERED that the motion of plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11, for summary judgment and an order of reference for the premises located at 780 New Jersey Avenue, Brooklyn, New York (Block 4299, Lot 43, County of Kings) is denied without prejudice, and it is further

ORDERED that leave is granted to plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11, to renew its motion for summary judgment and an order of reference for the premises located at 780 New Jersey Avenue, Brooklyn, New York (Block 4299, Lot 43, County of Kings), upon presentation to the Court, within sixty (60) days of this decision and order of: (1) a valid assignment of the instant mortgage and note to plaintiff,
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11; (2) an affirmation from Steven J. Baum, Esq., the principal of Steven J. Baum, P.C., explaining if both MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., the assignor of the instant mortgage and note, and DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11, the assignee of the instant mortgage and note, pursuant to 22 NYCRR § 1200.24, consented to simultaneous representation in the instant action, with “full disclosure of the implications of the simultaneous representation and the advantages and risks involved” explained to them; and, (3) an affidavit from an officer of the FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11, explaining why plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11 purchased a nonperforming loan from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF IN.
This constitutes the Decision and Order of the Court.

Debate all you want about the pantheon of metal and who is sitting among the exalted thrones near the top, but gaze up upon that cloud encircled mountain and you will see one Kai Hansen perched up there wielding a flying V and looking for his pack of cigarettes. Metal god? Rob Halford? Nah…. In my book, it is Kai, hands down. I’ve always liked Helloween better than Priest. The albums that he was involved in were all gold. Then moving on to Gamma Ray… once he reassumed the mic position, Gamma Ray became something truly special, as if it was a more developed Helloween jacked up on Queen (the band). Aggression meets soaring twin harmonies and excellent singing, really… Gamma Ray crushes the power metal competition because Kai and company had a hand in creating the genre, leaving everyone in one form or another aspiring to be them, or rip them off.

For all of you Gamma Ray maniacs out there, the Hell Yeah!!! The Awesome Foursome Live in Montreal DVD was well worth the wait. 2 discs cram packed with quality and superior metal firepower. Disc 1 features the bands performance in front of a very enthusiastic crowd and Gamma Ray gives it all back with a quality 2 hour long set. With a good share of songs from the No World Order and Majestic releases and of course the classics in tow, one cannot help but be swept away by the heart and conviction in this performance. You can tell the band loves life and the opportunity to bring their wonderful brand of heavy metal to the masses. Classics like “Rebellion in Dreamland” and a searingly fast rendition of “Man on a Mission” (this one is a power metal classic and one of my most favorite songs ever) sound just as vital as they did the day they were written. As a band grows and becomes more comfortable in their lengthy career, there’s usually a definite difference in their newer material sounding safe, or tired. This simply isn’t the case here, for newer songs like “Heart of the Unicorn”, “Fight” and “Blood Religion” feel just as invigorated/lethal in structure and superior guitar work, that it seems Gamma Ray have grown stronger as a band and realize their past and future even clearer the further they march. I’ve never been a fan of ballads period and Gamma Ray do dip into this style on occasion to explore their Queen roots, but even those songs are well composed enough for me to find respect and appreciation for what I’m hearing. Regarding the filming of this DVD, I’m thankful to report that the flashing edits that cut away as soon as the pupil adjusts to the screen (like any modern Iron Maiden epilepsy inducing DVD) are not here at all, so the viewing experience is smooth, allowing the participant to be able to relax, focus on the music and the performance. It’s always a treat to be able to see the guitar duo of Kai and Henjo Richter in action and on Hell Yeah!!!, their twin guitar leads are seamless and hungry as ever as they both make it seem that every note is effortless. Sure, I could live without the cliché crowd sing-along/participation in “Heavy Metal Universe”, but this comes with the territory where live albums/videos are concerned. One little complaint does not detract at all from my enjoyment factor of  this DVD. Hell Yeah!!! Would have left me satisfied completely with the performance alone and a surprise Helloween song selection in the form of “I Want Out”, but Gamma Ray have included a second disc as well to sweeten the pot…

Disc 2 is laced with bonus features, starting with a light hearted, booze swimming tour documentary where random clips of band member antics seem disjointed and full of “inside joke, you had to be there to get it” moments. A fun, though maybe unnecessary glimpse into touring conditions of 4 guys that obviously enjoy each others company. From there, we are given all of Gamma Ray’s promotional videos (many of which I’ve never seen thanks to American MTV), various songs taken from several older Wacken Open Air fest performances, closing with a 47 minute long “HistoRay” of the band, featuring back-stage footage, more live performances and other over-the-years private vids from the Gamma vaults. Again… another disc with over 2 hours of material really makes this whole package worth whatever they are charging to fans that have been known to skip a car payment or eating lunch for a week or 2 during their lives due to that “must have” Gamma Ray merch. You know who you are!!

For the absolute completist, there is also a 2 CD version of this release that features the same setlist as the DVD, but with 4 bonus tracks from a more recent gig to make sure some tracks from Land of the Free II are accounted for since it is really the newest release the band is currently promoting. Again… no fear on the consumers part when buying this package. Complete quality and care for the metal is what Gamma Ray has stood for and continues to uphold with Hell Yeah!! –Marty

Steamhammer/SPV

Fan de l’iPhone, j’ai utilisé le HTC Diamond II pour voir la « concurrence », pour voir où ils en sont. J’y avais déjà gouté avec le SPV E200 (dit la cabine téléphonique) en fleurant que c’était le début de la guerre des OS des téléphones.

J’ai tenu une journée avant de le filer à ma femme.

Les moins (sont tous des plus de l’iPhone) :

• scroll dans les tables totalement mal foutu : ça scrolle trop, ou ça clique au lieu de scroller.
• scroll de calendrier trop lent
• Navigation difficile :
  • Des fois c’est la croix ou ok en haut à droite, des fois c’est en bas de chaque coté
. Et quand c’est en haut, il faut le stylet pour atteindre le bouton ou les icones.
  • “home page”, il y en a 2. Navigation parmi les programmes, c’est pareil, il y en a 2.
• Pas de multitouch = navigation internet vraiment pas top
• IHM pour téléphoner
 bordélique
• Clavier dur de la feuille : vient peut-être de la protec écran ?
• Pas de s
ynchro mac (l’iphone fait la synchro pc…)
Pas de gps (je m’en sers avec l’iPhone…si si)

Les plus :

• Aspect physique sympa. Il est beau. (moins large que l’iPhone, mais un poil plus épais)
• IHM de visualisation des photos
 très sympa.
• Retour de force quand on frappe sur le clavier, c’est top.
• Home page qui récapitule les événements, rdv de l’agenda. Ça me manque sur l’iPhone.
• Home page des mails sympa aussi. Dommage qu’on ne puisse pas se balader à la coverflow et qu’on retombe sur une liste à la place.
• Bouton back souvent bien pratique.

En fait, ils ont développé une « surcouche » à windows mobile pour la home page, pour la lecture des mails et autres applis de base. Ce qui fait que l’ihm est quand même en net progrès par rapport à ce qui se faisait avant.

Tiens, d’ailleurs Jeff Atwood vient de publier un article totalement élogieux sur l’iPhone, alors que c’est pas vraiment un fan Apple.

LG has announced so many mobile models in the competitive business world. In such a way, this Smartphone LG GW550 is a business-oriented mobile phone announced at CommunicAsia 2009. It has come out in a candy bar form factor and it features a front facing QWERTY keyboard just like Nokia E71X.

Click to know about LG GM730 Smartphone

Moreover, it has a non-touch sensitive 2.4-inch display with QVGA resolution, 3Megapixel camera, stereo speakers, HSDPA 7.2 Mbps connectivity and 1300mAh battery. Unfortunately, pricing and other details of the mobile have not yet been announced.

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I was really depressed last week nung hindi natuloy yung Bataan getaway namin ng mga college classmates ko. I thought kasi na this year’s summer will be different for me since it’ll be my first time to experience a Beach outing in a much farther place. Hindi rin pala. Prepared na prepared pa naman ako to go out of town, with all the money and stuffs.. pero ayun nga.. Pero ok lang din.. The weather is not that good din during our target date, too late because the rainy season has started already, so ok na rin (:

Moving on, I tried looking back on all the events and remarkable things happened to me during this summer.. and I come up with this list:

~ Milestones in Tsukiden:

Company outing – March 7. The one and only outing na napuntahan ko this summer.  Enjoy naman. Though hindi ako masyadong nasiyahan sa pool. Puro videoke lang ang nangyari.

1 year at tsukiden – I’m happy naman with where I am right now. Kaya nga umabot ng one year e hehe. I love the work, I love the officemateS, I love the bosses, I love the admins, I love the company. (salary increase naman jan! haha)

Nihongo Award. – unexpected award from sensei. LINK

Weekly Badminton – This summer din nagstart yung badminton sessions namin every week.  Nakailang laro na rin ako and super enjoy naman.  And this month, magkakaroon kami ng Badminton Tournament!! Kailangang magpractice para manalo kami ng teammate ko. Go CockingBirds!! (nice name, right?) LINK

~ I was there!

Eraserheads Concert - March 7 din. Kasabay ng company outing namin.  And lumipad pa talaga ako all the way from Pampanga para lang makarating sa MOA ng exact time.  And sulit naman.  It was a memorable, once-in-a-lifetime experience!

Davids Concert – Also had fun watching this concert kahit sinabotahe ako ng digicam ko.  Pero may souvenirs naman so pwede na.

2 Monster Movie Premieres (RX 93.1) – Knowing. Napanalunan ko courtesy of The Show.  Slumdog Millionaire.  And a big Thank You to JoeSpeciliast for giving the tickets to me (n,n)

~ All About Rushers

familia forumera umaga y ariba – Ang napakasaya at napakalaking angkan ng mga rushers!! I have no idea kung pano nagsimula, basta bigla nalang ako nagkaroon ng lolo, mga magulang, tito at tita, mga pinsan, at pamangkin sa forum…

astroboy birthday party -  Birthday party hosted by Ogie Diaz =)).  It was really a fun fun party.  Syempre present ang mga rushers kaya riot talaga.  And it was my first time to see Radio 1’s Enzo, Andre, and AM in person.

joe’s birthday party – Another blasting party of my co-rusher. Super saya din as usual, kahit nagkanda-pagod kami sa paglalakad pauwi hehe.  And it was a fun feeling to sit beside Christi, Chico, and Delamar, and eat dinner with them! =)

EBs – 3 unforgettable EBs happened this summer.  Last April wherein we had the most number of attendees (that time), and we even went to Treiz’ house and hang out with some of the rushers.  May 1 EB wherein I saw again Ella, one of the first rushers I met, straight from Sg, and she treated us for a very delicious lunch! And yung last week lang, Rushers’ EB May Edition!!

SPV – Ang nag-evolve na sakit ng mga rushers (hindi lang sa confe, kung saan-saan pa!). SPV – SashaPurse Virus.  Mas matindi na epekto nito.  Dati kasi syndrome lang (ACS – Agape Charmaine Syndrome).. pero ngayun virus na talaga. hahahaha.

~ Awesome Seasons

American idol - I must say this is the best season so far.  I love all the contestants.  Lahat talented (pwera kay Jorge haha jk).  And I’m super happy with the result. =) And of course, hindi nawala ang mga matatapang na comments ng mga forum judges: Acer Jackson, Dru Cowell, Rhix GioGuardi, and Sasha Abdul =))

Amazing race – I also love this season… wala masyadong epal na team.  Lahat lovable.  And I had fun sharing my insights about the race with Astroboy and Hellgirl.

Survivor -  A little sad with the result though, I was really hoping kasi na Taj will win.  Pero I’m okay naman with JT, he deserves it kesa kay Steven.  Si Jolly lang yata nakasundo ko sa show na to hehe.

~ New things:

Camera – I bought my first ever digital camera!!

revival of my blog – muling nagging active ang blog ko.. at nagkaroon na ng segments, oha!  And may regular readers na rin ako hehe (thanks anne & doc gelo).  And right now, nasa 66,000 hits na ang blog ko!! Whoooot!! Konti nalang 100,000 hits na

Delamar’s Brain Farts – The loooong wait is over!! http://delamar.wordpress.com

~ New Expressions:

Whhhuuuuuttt – A Randy Jackson original expression.  Pero mas panalo yung version nina Chico and Delle. As in wwhhhuuuuuttttt!!

Yehess – A new way of saying yes.  Naaliw lang ako when I first saw it =)

I know, right? – I first heard this line from Delamar.  Ayun, nauso na sya. Nakakaaliw din kasi syang bigkasin. IKR?

New Addictions:

Twitter – Tweet tweet.  This is definitely the newest craze in the world wide web!! Very very addicting.  And nakakatuwa din yung feeling na a lot of tweetpeeps are following you. (except dun sa mga makukulit na horny kitties). Follow me: http://twitter.com/OscarDelaHopia

Song of the week – Yeah, I think I became an official weekie just this summer.  I must say this is one of my fave sites (o walang halong bola yan haha).  I love the featured songs, the intros, the whole concept of it.  Aabangan mo talaga yung latest post.  Subsribe na! http://songoftheweek.multiply.com

The Show – This is the early morning radio show of Enzo and Andre.  I can’t remember right now kung pano ako nagstart makinig sa kanila.  Basta all of a sudden, na-hook na ako sa show.  I love listening to them kasi enjoy din yung discussions nila, and they always play my requests.. wala masyadong kakompetisyon hehe.. and I also enjoy chatting with them.. they’re very accommodating.

New Acquaintances, Wider Circle of Friends.

new friends – I’ve met a lot of new people… new forum mates, ka-twitter, ka-facebook, ka-multiply, and ka-blog =)).  And most of us share a common thing, that is RX 93.1!!  I even got new contacts on my phonebook and ym, I’m just not sure if they regret it hahahaha.

RX friends (DJs & Radio1s) – RX93.1 radio people are the nicest people I’ve ever met!! As in!! They really interact with their listeners, and all of them are reallllyyyy friendly =) I’m very happy na medyo kilala na nila yung witty name ko sa radio.

Fans – YEHESS.. may radio fans!! Hahahaha… I really have no idea na may nage-exist pala na ganun haha.. minsan lang naman kasi ako nakakapasok sa top10.. at puro pervy entries pa yun.. well, apparently naaliw sila sa ganun haha.  Thanks to twitter btw.  Because of that social network site, naglitawan ang mga taong ito hehehe.

lil_reb06@OscarDelaHopia I love your entry at C&D top-10 every morning it makes me smile =)

paulignatius@OscarDelaHopia probably bcoz you are famous! hahaha! im one of them followers hehe [yes paul, I included you here hahaha]

jeneerichard@OscarDelaHopia your name sounds familiar!ahh ikaw yung palaging nagtetext ng entries sa @rxtmr !

suprakadupra@OscarDelaHopia NOTHING.HAHA. I ALWAYS HEAR YER NAME ON RX:))

zoelovesgin @OscarDelaHopia oh my too bad i i forgot that it’s a monday today and there’s morning rush on rx, too bad i didn’t hear his humorous words.

zoelovesgin @OscarDelaHopia i get it oh good thing, cuz i always go LOL everytime chico and del read your entries, how do you come up with those

zoelovesgin @OscarDelaHopia so sinesend mo yun via what? or are you a staff? hehe im a fan kase eh

zoelovesgin @OscarDelaHopia you call yourself a newbie? ok humble ) make sure my mom and i will be hearing you tomorrow ha goodnight for now

ms_renzy@OscarDelaHopia i’m a big fan. hahahahahahaha!!!

Come to think of it, it’s not a bad summer after all. =)