In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

9
Kevin Hahn, #024277 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 27 28 MALCOLM CISNEROS. A Law Corporation 2112 Business Center Drive Second Floor Irvine, California 92612 Phone: (949) 252-9400 Facsimile: (949) 252-1032 [email protected] Attorneys for Movant UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA, PHOENIX DIVISION In re HOWARD RICHARD VEAL, JR. and SHELLI AYESHA VEAL, Debtors. WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3 ASSET-BACKED CERTIFICATES, SERIES 2006-3, and its successors and/or assignees, Movant, vs. HOWARD RICHARD VEAL, JR. and SHELLI AYESHA VEAL, Debtors, and EDWARD J. MANEY, Trustee, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Chapter 13 Case No. 2:09-bk-14808-RJH NOTICE OF SUPPLEMENTAL EXHIBIT ON WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3 ASSET-BACKED CERTIFICATES, SERIES 2006-3’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY TO THE HONORABLE RANDOLPH J. HAINES, UNITED STATES BANKRUPTCY COURT JUDGE, THE DEBTORS, THE DEBTORS’ COUNSEL, THE TRUSTEE AND OTHER INTERESTED PARTIES: PLEASE TAKE NOTICE that WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3 ASSET-BACKED CERTIFICATES, SERIES 2006-3, and its successor and/or assignees (“WELLS FARGO BANK”) hereby files this Notice of /// NOTICE OF SUPPLEMENTAL EXHIBIT 1 Loan No. XXXXXX9728 AV/AHM/m46862 Case 2:09-bk-14808-RJH Doc 92 Filed 02/01/10 Entered 02/01/10 14:16:41 Desc Main Document Page 1 of 2

description

This is the Wells Fargo supplemental filing of February 1, 2010, a filing in the case In Re Veal, a matter before the U.S. Bankruptcy Court for the District of Arizona, Case No. 09-14808. The supplemental filing includes a purported assignment by Sand Canyon Corporation in favor of Wells Fargo, executed by the DOCX document forgery mill in Alpharetta, Georgia.

Transcript of In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

Page 1: In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

Kevin Hahn, #024277 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

27

28

MALCOLM ♦ CISNEROS. A Law Corporation 2112 Business Center Drive Second Floor Irvine, California 92612 Phone: (949) 252-9400 Facsimile: (949) 252-1032 [email protected] Attorneys for Movant

UNITED STATES BANKRUPTCY COURT

DISTRICT OF ARIZONA, PHOENIX DIVISION

In re HOWARD RICHARD VEAL, JR. and SHELLIAYESHA VEAL, Debtors.

WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3 ASSET-BACKED CERTIFICATES, SERIES 2006-3, and its successors and/or assignees, Movant, vs. HOWARD RICHARD VEAL, JR. and SHELLI AYESHA VEAL, Debtors, and EDWARD J. MANEY, Trustee, Respondents.

) ) ) ) ) ) ) ) ) ) ))))))) ) ) ) ) )

Chapter 13 Case No. 2:09-bk-14808-RJH NOTICE OF SUPPLEMENTAL EXHIBIT ON WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3 ASSET-BACKED CERTIFICATES, SERIES 2006-3’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY

TO THE HONORABLE RANDOLPH J. HAINES, UNITED STATES BANKRUPTCY

COURT JUDGE, THE DEBTORS, THE DEBTORS’ COUNSEL, THE TRUSTEE AND

OTHER INTERESTED PARTIES:

PLEASE TAKE NOTICE that WELLS FARGO BANK, N.A. AS TRUSTEE FOR

OPTION ONE MORTGAGE LOAN TRUST 2006-3 ASSET-BACKED CERTIFICATES, SERIES

2006-3, and its successor and/or assignees (“WELLS FARGO BANK”) hereby files this Notice of

///

NOTICE OF SUPPLEMENTAL EXHIBIT 1 Loan No. XXXXXX9728 AV/AHM/m46862 Case 2:09-bk-14808-RJH Doc 92 Filed 02/01/10 Entered 02/01/10 14:16:41 Desc

Main Document Page 1 of 2

Page 2: In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

NOTICE OF SUPPLEMENTAL EXHIBIT 2 Loan No. XXXXXX9728 AV/AHM/m46862

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

27

28

Supplemental Exhibit to supplement the Notice of Motion and Motion for Relief from the Automatic

Stay filed on October 21, 2009.

On June 8, 2008, the original lender, GSF MORTGAGE CORPORATION, transferred the

interest in the Property to OPTION ONE MORTGAGE CORPORATION. A true and correct copy

of the Assignment of Deed of Trust is attached hereto as Exhibit “A.”

On November 10, 2009, SAND CANYON CORPORATION FORMERLY KNOWN AS

OPTION ONE MORTGAGE CORPORATION transferred its interest in the Property to WELLS

FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3

ASSET-BACKED CERTIFICATES, SERIES 2006-3 (“Movant”). Therefore Movant is the true

holder of the Note and Deed of Trust. A true and correct copy of the Assignment of Deed of Trust is

attached here to as Exhibit “B.”

DATED: February 1, 2010 Respectfully Submitted,

MALCOLM ♦ CISNEROS, A Law Corporation

By: /s/ Kevin Hahn, #024277 Kevin Hahn, Esq.

Attorney for Movant

Case 2:09-bk-14808-RJH Doc 92 Filed 02/01/10 Entered 02/01/10 14:16:41 Desc Main Document Page 2 of 2

Page 3: In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

Case 2:09-bk-14808-RJH Doc 92-1 Filed 02/01/10 Entered 02/01/10 14:16:41 Desc Exhibits A and B Page 1 of 7

EXHIBIT "A"

Page 4: In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

Case 2:09-bk-14808-RJH Doc 92-1 Filed 02/01/10 Entered 02/01/10 14:16:41 Desc Exhibits A and B Page 2 of 7

AUG-04-2006 15:37

• J • .. '" M· > Corp 1 by' Option One ortgage . ,

7~f~:~: Re~orded Retllrtl to: Assn Dept.

~I . Document Services, [IlC. I American I J 250 Commerce 2"' Floor - . CA 92602 PROJECT 632 • IrvlIle, J (888)477-4780

This form was prepared by: OPTION ONE MORTGAGE CORPORATION P.O. BOX 57096 IRVINE J CA 92619-70~6

Loan Number: 121048996 Servicing Number; 002206972-8

.1I11111111f1111l1111111111111111l1111!1~~m~~~ * 2 0 0 8 R 1 9 4 8 9 * 2008R19489

05/12/2008 03:10PM REC FEE: IS.00 REC REST FEE: 4.00 GIS FEE: 9.00 GIS REST FEE: 1. 00 RHSP FEE: 10.00

TOTRL: $39.00 PRGES: 3

OElLR

HARY ANN LAMM SANGA~ION COUNTY RECORDER

Ili~j liiliillii JIII~ijm~II~lilljIIL ASSIGNMENT OF MORTGAGE For Value Received, the ~rsigned holder of a Mortgnge (herein "Assignor") whose addres5 is

l5430 W CAPITOL DRIVE, BROOKFIELD, WI 53045 does hereby grant, &ell, assign. uansfer aDd convey unto

Option one Mortgage Corporation, a California Corporation , a corporation organi1.ed and existing under the laws Of WISCON~IN (herein "Assignee"), whose address is 3 Ada, Irvine, CA 92618 , accrtain Mortgllgcdat~ August 09, 2006 , made and executed by SHELLI A VEAL, A MARRIED PERSON

to and in favor of GSF MORTGAGE CORPORATION i A WISCONSIN CORPORATION upon the following described property situated in Sangamon County, state of 11Iinois:

SHB LEGAL DESCIUP110N AtTACHED HERETO AND MAnn A PAR.T HERF.DF

P~lllD#: 22-23-103-020 Property Address: 2100-2102 HAZEL DELL RD, SPRINGFIELD, IL 62703-5235 such Mortgago having been given to GCCUIe payment of

ONE HUNDRED THIRTY ONE THOUSAND THREE HUNDRED TEN

~ ~ I ... AND NO/100'I'Ha ($ p1,310.00 )

. ~ U ~ 11 (\, (Include Ihe Oriiinal Principal Amo\Ull) which 0 a e' ~fr~in Book. Volume, or Libcr No. I at page (or 85 No. 1Xrri1\\\ \' ) of the Records of Sangamon County,Stateoflliinois. together with JJi'MN6(s) a ob 19ations therein described and the money due and to become due thereon with interest, and all rights accrued of to accrue under such Mortgage.

TO HAVE AND TO HOLD the same untO Assignee. Its successor and asSigns, forever, sUbjoct only to the tems and conditions of the above-described Mongage.

Seal:

DJiDoisAsdgpnw:utol~wiIh ~ Pa,ga t of:2

GSP MORTGAGE C9RPORAT!ON, A WISCONSIN CORPORATION

(Assignor) ;j BY: ___ -+:}-r~___::::__~_--_-.:... __ (j (Sigl'lalUre)

~: _____ C~(~O~_~_~_~ __ ~~~~,>_~~_t-~ ______ _ Print Nilmc & Title

ILAOSOl.wp (03-31~)

Page 5: In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

Case 2:09-bk-14808-RJH Doc 92-1 Filed 02/01/10 Entered 02/01/10 14:16:41 Desc Exhibits A and B Page 3 of 7

AUG-04-2006 15:37 P.08/16

l . ~ ... • ~ ,

eing Number: 002206972-8 .ate: 08/09/06 Loan.l)fumber;'121.048996

Sraaof V\J IS cat-J5 1 J Counly of W ~8 h 0'"----

This instrument was &cknowledged before me on by

of as

It.AOSD1.wp (03-3.1.00)

Page 6: In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

Case 2:09-bk-14808-RJH Doc 92-1 Filed 02/01/10 Entered 02/01/10 14:16:41 Desc Exhibits A and B Page 4 of 7

-. 'I

121048996 206250dtl 632

Hgg,J.& J-v.. ?~Pa.3\ ~ SItUATED IN SANGAMON COUNTY, ILLINOIS

TAX ID NO. 22-23-103-020 2100-2102 HAZEL DELL ROAD SPRINGFIELD, ILLINOIS

Page 7: In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

Case 2:09-bk-14808-RJH Doc 92-1 Filed 02/01/10 Entered 02/01/10 14:16:41 Desc Exhibits A and B Page 5 of 7

EXHIBIT "B"

Page 8: In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

Case 2:09-bk-14808-RJH Doc 92-1 Filed 02/01/10 Entered 02/01/10 14:16:41 Desc Exhibits A and B Page 6 of 7

.'1" ~

D~ument Prepared By: 11111111111111111 fIlII 1111111 III Illlllilif 1111111111 IIII 1111 * 2 0 0 9 R 526 6 1 *

Ron Meharg, 888-362-9638 1111 Alderman Dr., Suite 350, ATTN:

2009R52661 Assignment Dept., Alpharetta, GA 30005 When Recorded Return To: DOCX

1£ 1111 Alderman Dr. '\! Suite 350

Al haretta, GA 30005

~ 647 125314220

11/17/2009 REC FEE: REt REST FEE: SIS FEE: SIS REST FEE:

TOTAL: PAGES:

nELLA

11 :37AM 15.00 4.00 9.00 1.00

$39.00 2

CRef#: 1112112009-PRcf#:A030-POF Date:1l/09/2009-Print Batch ID:9048 Property Address:

JOSHUA A. LANGFELDER SANGAMON COUNTY RECORDER

21002102 HAZEL DELL RD SPRINGFIELD, IL 62703-5235 ?.:I" '" ~ Z t. - z 'J - /0 J ... 0 l... () This Space for Recorder's Use Only

111111111111111111/1111/1/// / III 11111111/1 111/11/11111111 1111/1/111 1/1111/11111111111/11111/11111111

ASSIGNMENT OF MORTGAGE FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby

acknowledged, Sand Canyon Corporation formerly known as Option One Mortgage Corporation, whose address is 3 Ada Irvine, CA 92618, does by these presents hereby grant, bargain, sell, assign, transfer, convey, set over and deliver unto Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-.3 Asset-Backed Cl!rtificates) Series 2006-3, whose address is 9062 Old Annapolis Road) Columbia, MD 21045-1951, the following described mortgag~, securing the payment of a certain promissory note(s) fcir the·s:um listed below, together with all rights therein and thereto, alHiens created or secured thereby, all obligations therein described, the money-due and to become due thereon with interest, and all rights accrued or to accrue under such mortgage.

Original Mortgagor(s): SHELLI A VEAL, A MARRIED PERSON Original Mortgagee: GSF MORTGAGE CORPORATION, A WISCONSIN CORPORATION Date of Mortgage: 08/09/2006 Loan Amount: $131,310.00 Recording Date: 08/1812006 Document #: 2006R31771 Legal Description: THE LAND REFERRED TO IN mIS REPORT IS SITUATED IN THE STATE OF ILLINOIS, COUNTY OF SANGAlVION, CITY OF SPRINGFIELD, AND DESCRIBED AS FOLLOWS: LOT 28lN FRANKLIN PARK ESTATES. SITUATED IN SANGAMON COUNTY, ILLINOIS. Misc. Comments: ASSIGNMENT EFFECTIVE DATE 10/13/2009

and recorded in the official records of the County of Sangamon, State of Illinois affecting Real Property and more particularly described on said Mortgage referred to herein.

IN WITNESS WHEREOF, the undersigned has caused these presents to be executed on this date of 11/1012009.

~ ~" Asst. Vice President

Sand Canyon Corporation formerly known as Option One Mortgage Corporation

.~ Chery~ Th:omas . .' Vice President. .

Page 9: In Re Veal Wells Fargo Supplemental Exhibit 01 Feb 2010

Case 2:09-bk-14808-RJH Doc 92-1 Filed 02/01/10 Entered 02/01/10 14:16:41 Desc Exhibits A and B Page 7 of 7

--. sui"i'~· of GA County of Fulton

On this date of 11/10/2009, before me, the undersigned authority, a Notary Public duly commissioned, qualified and acting within and for the aforementioned State and County, personally appeared the within named Cheryl Thomas and Tywanna Thomas, known to me (or identified to me on the basis of satisfactory evidence) that they are the Vice President and Asst. Vice President respectively of Sand Canyon Corporation formerly known as Option One Mortgage CQrporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and in behalf of said corporation and that said corporation executed the same, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration,

urposes therein mentj and set forth. ~M4=Ress my hand and offi . on the date hereinabove set forth .

.... , .. " ... ,........ Bitt S ",YO,,,"" s:-'+,.... r any now f~~~.s;;'j;;~~~\ NOTARY, PUBLIC f f Of \" Fulton County : .... ,~- ... -:«- S fG ' _:~\~ ~j~'1= tate a eorgla \.~.s:-,~_~:t.: .. ~,f My Commission Expires

"'III~~,~~~,;,~,'" May 21, 2011

ILaosi-eR2.0 IOf05!2009 Copyright (c) 2009 by DOCX LLC