Darrin Blaine Allison and Marianne Leilani Allison

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 06-41745 TD
Chapter 7
DARRIN ALLISON, MARIANNE 	R.S. No. MAW 929
ALLISON,
Debtors.
______________________________/
MEMORANDUM RE MOTION FOR RELIEF FROM STAY
The 	motion 	of 	Mortgage 	Electronic 	Registration 	Systems, 	Inc.
(“MERS”), 	as 	nominee 	for 	Homecomings 	Financial 	Network, 	Inc., 	its
successors 	and/or 	assigns 	(“Homecomings”), 	for 	relief 	from 	the
automatic stay came on for hearing before the above-captioned Court
on 	July 	25, 	2008 	at 	11:00 	a.m. 	Appearances 	were 	stated 	on 	the
record. 	The 	Court 	announced 	that 	it 	had 	some 	concerns, 	which 	it
would set forth in writing, and continued the hearing to August 15,
2008 at 11:00 a.m. 	Those concerns are as follows:
The 	Court 	is 	informed 	that 	MERS 	has 	neither 	an 	equitable
interest in the secured claims that form the basis for the motions it
files in bankruptcy court nor any servicing obligations. 	The Court
is 	informed 	that 	MERS 	simply 	provides 	the 	name 	in 	which 	the 	real
Signed: July 25, 2008
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
July 29, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 06-41745 Doc# 35 Filed: 07/25/08 Entered: 07/29/08 13:24:30 Page 1 of 3

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party 	in 	interest 	acts 	so 	that 	names 	need 	not 	be 	changed 	when 	the
underlying note changes hands.
In 	the 	instant 	case, 	the 	declaration 	is 	signed 	by 	an 	employee
for Aurora Loan Services, Inc. (“Aurora”) which is identified as the
loan 	servicer 	for 	MERS 	as 	nominee 	for 	Homecomings. 	The 	deed 	of
trust, 	copies 	of 	which 	are 	attached 	to 	the 	declaration, 	identify
Countrywide as the lender. 	However, no copy of the note is attached.
This gives the Court some concern that the note has been assigned and
that Countrywide has not been accurately identified as the party on
whose 	behalf 	MERS 	has 	filed 	the 	motion. 	The 	Court 	may 	not 	grant 	a
motion that is not filed in the name of the real party in interest.
END OF DOCUMENT
Case: 06-41745 Doc# 35 Filed: 07/25/08 Entered: 07/29/08 13:24:30 Page 2 of 3

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COURT SERVICE LIST
Matthew M. Spielberg
Law Offices of Matthew M. Spielberg
21855 Redwood Rd.
Castro Valley, CA 94546-6435
Melodie A. Whitson
Pite Duncan, LLP
525 E. Main St.
P.O. Box 12289
El Cajon, CA 92022-2289
Case: 06-41745 Doc# 35 Filed: 07/25/08 Entered: 07/29/08 13:24:30 Page 3 of 3