GMAC has failed to demonstrate that it is the holder of the Note because, while it was in possession of the Note at the evidentiary hearing, it failed to demonstrate that the Note is properly payable to GMAC Once the securities have been sold, the SPV is not actively involved. IN RE WEISBAND In re: [...]
Filed under: CASES, CORRUPTION, expert witness, foreclosure, foreclosure mill, Forensic Analysis Workshop, GTC | Honor, HERS, investment banking, Investor, MODIFICATION, Mortgage, Motion Practice and Discovery, securities fraud, Securitization Survey, Servicer, STATUTES, trustee, workshop | Tagged: trust, standing, ARIZONA, MERS, REAL PARTY IN INTEREST, allonge, Mortgage Electronic registration Systems, Inc., motion to lift stay, evidentiary hearing, Master Servicer, endorsement, Motion for Relief from Stay, HERS, Trust Agreement, Tucson, WEISBAND, HOLLOWELL, Ronald Ryan, GreenPoint Mortgage Funding, Inc. ("GreenPoint", adjustable rate promissory note, Flow Interim Servicing Agreement ("FISA"), FISA, Lehman Capital, Lehman Brothers Holdings, Mortgage Loan Sale and Assignment Agreement ("MLSAA"), Structured Asset Securities Corporation ("SASC"), SASC, GreenPoint Mortgage Funding Trust ("Trust"), Aurora Loan Services ("Aurora"), U.S. Bank National Association ("U.S. Bank"), Reconstituted Servicing Agreement, GMAC as the sub-servicer, adequate protection payments, case or controversy, prohibition on third-party standing, third-party standing | 23 Comments »
