Wells v. US Bank

Posted on July 4, 2009. Filed under: Case Law, Foreclosure Defense, Mortgage Audit, Mortgage Law | Tags: , , , , , , , , , , |

The particular question posed in this case is: what entity is entitled to receive the
prepetition arrearage payments? As discussed further below, the court finds that at the time
claim 1 was filed, U.S. Bank did not attach documents showing that it is a secured creditor of the
debtors, as alleged in its claim. Additionally, Ocwen Loan Servicing LLC (Ocwen), the entity
that filed the proof of claim, did so using an undisclosed limited power of attorney, which did not
grant it the right to file claim 1 on behalf of U.S. Bank. Moreover, U.S. Bank did not come
forward with documentation as of the hearing date to cure these deficiencies. U.S. Bank has not,
therefore, established that it is entitled to payment under claim 1.

Wells v. US bank_2009


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