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Yet, with a proper measure of disquiet and chagrin, the Court now must retreat from this position, as Gordon A. As a result, Defendants’ proof of claim 7 must be disallowed under 11 U. Having determined that Defendants do not have an allowed secured claim, the underlying lien is deemed void pursuant to 11 U.
The recent transfers from Chase and other entities to SPS are not really transfers of servicing rights.
The “loan” is clearly already declared to be in default — making the claim of negotiable paper (and the presumptions) moot.
The issue is proof and mores specifically the willingness of the court to let you prove your case.
This comes down to pleading, discovery, motions to compel that spell out your narrative for the case and investigation through forensic auditors and private investigators.