Olga L. Barretero

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 08-43054 TM
Chapter 7
OLGA L. BARRETERO, 	R.S. No. MTD 571
Debtor.
______________________________/
MEMORANDUM RE MOTION FOR RELIEF FROM STAY
The 	motion 	of 	Mortgage 	Electronic 	Registration 	Systems, 	Inc.
(“MERS”) 	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
Signed: July 25, 2008
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
July 28, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-43054 Doc# 21 Filed: 07/25/08 Entered: 07/28/08 10:40:37 Page 1 of 3

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real 	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
of Countrywide Home Loans, Inc. (“Countrywide”), which is identified
as the loan servicer for MERS. 	The Court doubts that Countrywide is
the 	loan 	servicer 	for 	MERS. 	The 	note 	and 	deed 	of 	trust, 	copies 	of
which 	are 	attached 	to 	the 	declaration, 	identify 	the 	lender 	as
America’s Wholesale Lender. 	No copies of any assignments of the note
and/or deed of trust are provided. 	The Court may not grant a motion
that is not filed in the name of the real party in interest and has
serious concerns about the filing of false sworn statements.
END OF DOCUMENT
Case: 08-43054 Doc# 21 Filed: 07/25/08 Entered: 07/28/08 10:40:37 Page 2 of 3

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COURT SERVICE LIST
Barbara A. Smart
Smart Legal Services
22693 Hesperian Blvd. #210
Hayward, CA 94541
Mark T. Domeyer
Miles, Bauer, Bergstrom & Winters, LLP
1665 Scenic Ave., Ste. 200
Costa Mesa, CA 92626
Case: 08-43054 Doc# 21 Filed: 07/25/08 Entered: 07/28/08 10:40:37 Page 3 of 3