Spires v G8

Court states homeowner would keep home if GE Money is same as G8 Capital. G8 falsely claims there is no relationship. Homeowner loses ocean view home.

 

  1. CHAPTER 13 STATEMENT OF CURRENT MONTHLY INCOME AND CALCULATION OF COMMITMENT PERIOD AND DISPOSABLE INCOME (28pp)
  2. COMPLAINT : Spires v G8 Capital, MERS (36pp) (2006-03-26)
    1. 1Cause of Action
    2. 18Legal Description of Property
    3. 19Balloon Note (Jan 12, 2007)
      1. Pay to the Order of WMC Mortgage Without Recourse, Jessica Fuentes, Assistant Secretary, GE Money Bank
      2. Pay to the Order of Without Recourse, Jessica Fuentes, Assistant Secretary, WMC Corp
    4. 22Deed of Trust (Jan 11, 2007) ($640,000)
      1. requestor: First American Title
      2. return: WMC Mortgage
      3. lender/preparer: GE Money
      4. trustee: Westwood Associates
      5. nominee for the lender and beneficiary of security: MERS, Del corp w office in Flint, MI
      6. Riders
        1. balloon rider
        2. planned unit development rider
      7. Community Assoc fees, dues, assessments
      8. Mortgage Insurance - wow
      9. Lender's right to sell debt at will and without notice
      10. Substitute Trustee
      11. Prepayment - the works
  3. Memorandum of Points and Authorities in Adversarial Case (7pp) (March 26, 2009)
  4. Service Temporary Restraining Order (2pp) (March 26, 2009)
  5. Memorandum of Points and Authorities in Adversarial Case (7pp) (March 26, 2009)
  6. First Amended Adversarial Complaint (20pp) (April 28, 2009)
    1. Illegally assigning title
    2. Being sued across country (presumably MERS)
  7. Motion for Temporary Restraining Order (pp7) (April 29, 2009)
    1. G8 Had no right to modify deed of trust
    2. G8 had no right to profit from deed of trust
    3. Violations of Truth in Lending Act render underlying note null and void.
    4. Demand G8 show it is real party of interest
  8. Request for Emergency Hearing and Notices(21pp) (April 28, 2009)
  9. Request for Expedited Emergency Hearing, Emergency Stay Granted (5pp) (signed 4/13, filed 4/28, entered April 29, 2009)
  10. Statement of Debtor in which debtor claims he doesn't know who "Peppertree Financial", which apparently, with debtor, executed transfer of property to G8, is.

  11. Counsel's Statement in Support of Above (2pp) (April 28, 2009)
  12. G8's Opposition to Debtor's Request for Expedited Emergency Hearing (6pp) (May 14, 2009)
  13. Debtor's Response (29pp) (May 19, 2009)
  14. This lays out a clear account of how the substitution/debt re-assignment/razzle-bedazzle-kafrazzle fraud works. The entire exec staff at G8 should be lined up against a wall and shot.

  15. Statement from Debtor (lays out details) (15 pp) (May 19, 2009)
  16. Request for Expedited Emergency Hearing on Motion to Set Aside Foreclosure Sale Denied (pp4) (July 27, 2009)
  17. G8's Opposition to Set Aside Foreclosure Sale (15 pp) (July 8, 2009)
  18. G8's Answer to First Amended Complaint (pp 8) (July 9, 2009)
  19. Debtor's Answer (25 pp) (July 10, 2009)
  20. Transcript of Hearing, G8 Perjury re: MoneyLine (23 pp) (October 6, 2009)
  21. Case Dismissed
  22. Notice