OUTSTANDING REQUEST FOR SUPPORT TO ENLIST CFPB TO INTERVENE AND/OR FILE AMICUS----ATTORNEYS AND...

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  • 7/27/2019 OUTSTANDING REQUEST FOR SUPPORT TO ENLIST CFPB TO INTERVENE AND/OR FILE AMICUS----ATTORNEYS AND OTHERS NEEDED TO SUPPORT

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    There is an outstanding request for assistance andsupport from other attorneys across the USA. You mayuse this letter as a template and send to the CFPB [email protected]/or mail or fax to Richard Cordray,

    the Director at the CFPB. Homeowners are also welcometo submit this.

    October 25, 2013

    Richard Cordray

    Director

    Consumer Financial Protection Bureau

    1700 G Street, NWWashington, D.C. 20552

    (202) 435-7000

    Dear Director Cordray:

    I am writing to request that you intervene, on behalf of the CFPB, and/or file Amicus briefs in

    connection with the following case:

    UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUITNo. 13-1821(9: ll-cv-00395-SB)

    JAMES P. SCHEIDER, JR.; TAFFY G. SCHEIDER Plaintiffs - Appellants

    v.DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the IndyMac INDA

    Mortgage Loan 2006-AR2 Mortgage Pass-through Certificates, Series 2006- AR2 under the

    Pooling and Servicing Agreement dated August 1, 2006; INDYMAC MORTGAGE SERVICES;MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED; ONEWEST

    BANK, F.S.B.; FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF

    CHARLESTON

    and

    I, Defendants - Appellees I

    INDYMAC BANK FEDERAL BANK; MERS, INCORPORATED; MORTGAGE NETWORKINCORPORATED; INTERNAL REVENUE SERVICE; JOHN DOE

    1-1000, inclusive, representing a class of unknown persons who claim or have the right to claim

    an interest in certain real property located in Beaufort County, South Carolina; INDYMAC MBSINCORPORATED

    mailto:[email protected]:[email protected]
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    Defendants

    MOTION FOR CERTIFICATION OF QUESTIONS TO NEW YORK STATE COURT OFAPPEALS

    This case may be one of the most important in the country regarding a homeowners right tochallenge defects in securitization. If decided against homeowners it would have a devastating

    and long lasting impact.

    This Motion for Certification to the Fourth District Court of Appeals arises out of a ruling by a

    South Carolina court that is directly contrary to the well- reasoned decisions of numerous courts

    around the country. Virtually all judges and courts of appeal to address the question, have

    decided contrary to the South Carolina court, in many different states and types of courts. Thisincludes the recently published California decision in Glaski v. Bank of America, ___ F.3d ___

    [2013 WL 3480207], the Alabama Court of Appeals, the Illinois Court of Appeals, the New

    York trial courts, Texas bankruptcy courts, and others (Attached). In addition at least one class

    action has been certified on this basis (Attached, and now on Interlocutory Appeal).

    Scholarly articles have also been written discussing the legal theories involved. I am attachingthe items mentioned above. I am also hopeful that many other public and private organizations

    around the country will also support the Appellants and intend to circulate and publish this to as

    many advocates as I can.

    Sincerely,

    YOUR NAMEYOUR ADDRESS

    YOUR PHONE

    YOUR EMAIL

    cc: Antonia C. Lucia, Attorney for Appellants843-352-4435 FAX 843-757-2889

    Vaux & Marscher, P.A.

    1251 May River Road, Post Office Box 769

    Bluffton, SC [email protected]

    mailto:[email protected]:[email protected]