Ernesto Decastro Asuncion and Nelda Ramos Asuncion

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 08-41257 TM
Chapter 7
ENRNESTO DECASTRO ASUNCION, 	R.S. No. MTD 558
NELDA RAMOS ASUNCION,
Debtors.
_____________________________/
MEMORANDUM RE MOTION FOR RELIEF FROM STAY
The 	motion 	of 	Mortgage 	Electronic 	Registration 	Systems, 	Inc.
(“MERS”), its assignees and/or successor in interest, 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 28, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-41257 Doc# 57 Filed: 07/25/08 Entered: 07/28/08 10:47:12 Page 1 of 3

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
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 a Countrywide
Home 	Loans, 	Inc. 	(“Countrywide”) 	which 	is 	identified 	as 	the 	loan
servicer 	for 	MERS. 	However, 	the 	note 	and 	deed 	of 	trust, 	copies 	of
which 	are 	attached 	to 	the 	declaration, 	identify 	Countrywide 	as 	the
lender. 	Thus, 	thus 	the 	contents 	of 	the 	motion 	are 	internally
inconsistent. 	Moreover, 	the 	declaration, 	which 	is 	signed 	under
penalty 	of 	perjury 	appears 	to 	be 	false. 	The 	Court 	may 	not 	grant
relief based on a record that does not accurately identify the real
party 	in 	interest 	and 	has 	serious 	concerns 	about 	the 	submission 	of
sworn statements that contain false information.
END OF DOCUMENT
Case: 08-41257 Doc# 57 Filed: 07/25/08 Entered: 07/28/08 10:47:12 Page 2 of 3

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3
COURT SERVICE LIST
David C. Winton
Law Offices of David C. Winton
936-B Seventh St. #345
Novato, CA 94545
Mark T. Domeyer
Miles, Bauer, Bergstrom & Winters, LLP
1665 Scenic Ave., Ste. 200
Costa Mesa, CA 92626
Case: 08-41257 Doc# 57 Filed: 07/25/08 Entered: 07/28/08 10:47:12 Page 3 of 3