Lee M Jensen

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 09-72313 TG
Chapter 13
LEE M. JENSEN, 	R.S. No. CJR-656
Debtor.
_______________________________/
MEMORANDUM RE MOTION FOR RELIEF FROM STAY
The motion for relief from the automatic stay filed by the Bank
of New York Mellon, etc., as Trustee, came before the Court on March
19, 	2010. 	The 	moving 	party 	appeared 	through 	counsel. 	The 	debtor
appeared pro se in opposition to the motion.
The 	debtor 	did 	not 	dispute 	that 	he 	was 	in 	default 	on 	the 	loan
upon 	which 	the 	motion 	was 	based. 	He 	challenged 	the 	motion 	on 	two
grounds. 	First, 	he 	contended 	that 	the 	moving 	party 	had 	failed 	to
prove 	its 	standing 	to 	bring 	the 	motion. 	He 	noted 	that 	he 	had
obtained the loan in question from Greenpoint Mortgage Funding, Inc.,
not from the moving party. 	The Court overruled this objection at the
hearing. 	A copy of the assignment of the note and deed of trust from
Greenpoint to the Bank of New York was filed as part of the motion.
Signed: March 25, 2010
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
March 26, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-72313 Doc# 33 Filed: 03/25/10 Entered: 03/26/10 16:24:13 Page 1 of 3

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The 	Court 	was 	satisfied 	that 	this 	established 	the 	moving 	party’s
standing.
The 	debtor 	also 	contended 	that 	his 	signature 	on 	the 	note and
deed of trust was forged. 	He admitted obtaining the loan but denied
ever 	signing 	either 	of 	these 	documents. 	The 	Court 	expressed
skepticism that an institutional lender such as Greenpoint would make
a loan of this nature without requiring a note and deed of trust to
be signed by the borrower. 	However, the Court agreed to review the
underlying documents with this contention in mind.
The Court has done so and has compared the signature on the note
and 	deed 	of 	trust 	to 	the 	signature 	on 	the 	debtor’s 	bankruptcy
petition. 	The signatures appear to be from the same hand. 	However,
the 	Court 	is 	not 	making 	a 	ruling 	on 	the 	authenticity 	of 	the
signature. 	The Court merely concludes that relief from stay should
be granted. 	The debtor is free to challenge the authenticity of the
signatures in state court.
Counsel 	for 	the 	Bank 	of 	New 	York 	is 	hereby 	directed 	to 	submit
a 	proposed 	form 	of 	order 	granting 	relief 	from 	the 	automatic 	stay.
END OF DOCUMENT
Case: 09-72313 Doc# 33 Filed: 03/25/10 Entered: 03/26/10 16:24:13 Page 2 of 3

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COURT SERVICE LIST
Lee M Jensen
15 Harbor View Dr.
Richmond, CA 94804
Casper J. Rankin
Pite Duncan, LLP
4375 Jutland Drive, Ste. 200
P.O. Box 17933
San Diego, CA 92177-0933
Case: 09-72313 Doc# 33 Filed: 03/25/10 Entered: 03/26/10 16:24:13 Page 3 of 3