George Tran

[ArthurWankspittle]

Oh dear: George Kha Tran is allegedly also George Khan aka Vince Khan. Time for some emails and form filling - http://www.osbar.org/upl

[Judge Roy Bean]

The current publication he's hawking has striking similarities in style to the Tran nonsense. My source indicates some of it is pure copy and paste, including typos.

[ArthurWankspittle]

Today's BS email comes from Vince Khan (aka George Tran - allegedly)

Today, I want to tell you about one of our members, Mike who went to court by himself to defend his home. Mike is the plaintiff and he sued Bank of America.

He appeared in court as pro se (without a lawyer).

The other side had 7 attorneys representing Bank of America.

It was a 90 minute trial.

The counsel for the bank went up and said "Your honor, we have the note right here. This proves that we are the real party of interest and therefore have the right to foreclose on this property."

The Judge looked the note and approved.

Mike then stood up and said "Your Honor. I would like to motion the court to take mandatory judicial notice of the Massachusetts Supreme Court ruling in US Bank v Ibenez. In this ruling, it was decided that there must be a perfection of chain of title and that blank assignments were not acceptable."

Mike then handed a copy of the court opinion (included in our membership kit) to the Judge and opposing counsel. He then sat down.

So, the Judge then read the case for about 5 mins. Everyone waited.

Then he said, "Counsel, I see here that the note was assigned to a CT Corporation". "It was then assigned from CT Corporation via a blank assignment. I am going to accept this Supreme Court argument to say that you are not the real party of interest."

Bank of America's Counsel then said "If that is the case your honor, we woud like to have this case dismissed for lack of subject matter jurisdiction. We are not the real party of interest, and the party involved in this controversy is CT Corporation. But we would still like to foreclose on the house."

The Judge said "Not on my watch you are Counsel. How can you foreclose on this property if you are not the real party of interest?"

Counsel: "We have a contractual obligation with CT Corporation that gives us the right to foreclose."

Judge: "I don't see any proof of that. I'm going to tell you what I will do. I am going to have this case dismissed. I am going to let Mr. Waters amend his pleading, and name both Bank of America and CT Corporation together. I am going to admit all his evidence as well as everything that was said today in court."

The Judge turned to Mike and said: "Mr. Waters, you only need to win on just one argument. I want you to redraft your pleading to include the following causes of Action. 1) A Breach of Contract 2) Fraudulent Misrepresentation. I don't care what else you put on the pleading."

Judge: "Mr. Waters has 20 days to amend his pleading. Case dismissed."

In this 90 minute drama, Mike spoke for all of 5 minutes. The Judge did the rest. The Judge hammered opposing Counsel. They had no where to hide. The Judge was particularly angry because Counsel brought fraud before the court. They came in claiming to be a real party of interest, and in fact, they were not. For a lawyer to bring fraud before the court is a BIG no no. "

Mike have since gotten an attorney to represent him for free (because the law firm wants a big win to establish a class action against Bank of America).

The trick is, knowing what to say and what to present in court. This takes education and support.

You can look at this story and say "Mike got lucky or you can say 'Mike must have studied his ass off and received a lot of support from his network'" However you look at it, Mike stood up like David against Goliath and won.

I just wanted to share this with you to let you know that homeowners are winning across the country to give you hope.

Here is Mike in the News at KSL Utah:
http://www.youtube.com/watch?v=fNUZ98l7cC0

Oh by the way, we also found out that CT Corporation is an offshore limited partnership...that does not have a US address, so they could not be sued. Hmmm...

Thank you for your support.

Vince

I haven't started looking into this but 7 lawyers? And what has standing got to do with anything in Utah which is a non-judicial foreclosure state? Plus the judge advising the plaintiff? Sounds like one of George Tran's "victories". I wonder if it even happened.
Edited to add: No seven lawyers - one got mentioned. The guy is out of work and was trying to get a forbearance(?) which BofA may have screwed up. His (Michael Waters's) problem is he hasn't got a mortgagor to approach for a forbearance. BofA will either get paid by Waters, foreclose or get paid by FHA, or some combination maybe?
If it comes to foreclosure though, I'm sure Utah is non-judicial so "who's got the note" would be completely irrelevant IIRC.

[Pottapaug1938]

I'd also like to know why a Utah court took "mandatory judicial notice" of a Massachusetts Supreme Judicial Court decision. While I do know that state courts do tend to use decisions of other courts as guidelines, it's entirely possible that Utah and Massachusetts law are different and thus the Massachusetts case is not "on all fours" with the facts of the Utah case.

Of course, as was said earlier, all this may not have happened.

[ArthurWankspittle]

The youtube link is from a few months back and there was another hearing due. As is usual in George Tran's world the guy might have got a temporary reprieve; he's won a battle but the war isn't over yet. He wasn't even defending a foreclosure in that court hearing.

[Dezcad]

<snip rant>

As can be expected, there are a number of misstatements. In fact, you can read the transcript here.

The up to date court docket is here:

03/11/2011 42 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Final Pretrial Conference held on 3/11/2011. Argument & discussion heard. Crt rules:- Grants, dft motion to dismiss but with proviso that pla may amend cmplt.- Grants, pla to file amend complaint nlt 3/31/2011, & 20 days for dft to respond.- Vacates, trial date.Mr. Black to prepare & submit order. Attorney for Plaintiff: Michael Waters, Pro Se, Attorney for Defendant: Michael D. Black, Austin Riter. Court Reporter: Michelle Mallonee.(Time Start: 1:30 PM, Time End: 2:20 PM, Room 420.) (mrw) (Entered: 04/07/2011)
03/21/2011 37 ORDER granting 4 Motion to Dismiss. IT IS FURTHER ORDERED that plaintiff is hereby foranted leave to amend hiscomplaint on or before March 31, 2011, and to join as a defendant any additional partywho is or may the real party in interest concerning the transaction in question. Signed by Judge Bruce S. Jenkins on 3/21/11. (jmr) (Entered: 03/21/2011)
03/31/2011 38 AMENDED COMPLAINT against All Defendants with Jury Demand. New Defendants: BAC Home Loans Servicing, LP; ReconTrust Company, N.A.; Mortgage Electronic Registration Systems; Does 1 through 10., filed by Michael Waters. (Attachments: # 1 Exhibit Forbearance Agreement, # 2 Exhibit Letter received on February 22, 2010) (Morse, Daniel) (Entered: 03/31/2011)
04/07/2011 39 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Mortgage Electronic Registration Systems.
Instructions to Counsel:
1. Click on the document number.
2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.
3. Print the issued summons for service. (lnp) (Entered: 04/07/2011)
04/07/2011 40 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Recontrust NA.
Instructions to Counsel:
1. Click on the document number.
2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.
3. Print the issued summons for service. (lnp) (Entered: 04/07/2011)
04/07/2011 41 **RESTRICTED DOCUMENT**Summons Issued Electronically as to BAC Home Loans Servicing.
Instructions to Counsel:
1. Click on the document number.
2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.
3. Print the issued summons for service. (lnp) (Entered: 04/07/2011)
04/14/2011 43 NOTICE of Appearance by Austin J. Riter on behalf of Bank of America (Riter, Austin) (Entered: 04/14/2011)
04/14/2011 44 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on BAC Home Loans Servicing, LP on April 11, 2011, filed by Plaintiff Michael Waters. (Morse, Daniel) (Entered: 04/14/2011)
04/15/2011 45 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re 38 Amended Complaint, filed by Defendant Bank of America. (Attachments: # 1 Exhibit A)(Riter, Austin) (Entered: 04/15/2011)
04/15/2011 46 MEMORANDUM in Support re 45 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re 38 Amended Complaint, filed by Defendant Bank of America. (Riter, Austin) (Entered: 04/15/2011)
04/18/2011 47 RESPONSE to Motion re 45 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re 38 Amended Complaint, filed by Plaintiff Michael Waters. (Morse, Daniel) (Entered: 04/18/2011)
04/18/2011 48 NOTICE OF HEARING ON MOTION re: 45 MOTION for Extension of Time to File Answer re 38 Amended Complaint, : Motion Hearing set for 4/20/2011 01:20 PM in Room 420 before Judge Bruce S. Jenkins. (kms) (Entered: 04/18/2011)
04/20/2011 49 ORDER EXTENDING TIME TO FILE ANSWER OR OTHER RESPONSE TO FIRST AMENDED COMPLAINT- granting 45 Motion for Extension of Time to Answer. Answer deadline updated for Bank of America answer due 5/2/2011. Signed by Judge Bruce S. Jenkins on 4/20/11. (jmr) (Entered: 04/21/2011)
04/20/2011 50 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 4/20/2011 re 45 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re 38 Amended Complaint, filed by Bank of America. Argument & discussion heard. Crt rules:- Grants, motion to extend time to answer for all defendants nlt 5/2/2011.Crt executes Order Extending Time To File Answer or Other Response To First Amended Complaint. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Nancy Fullmer.(Time Start: 1:25 PM, Time End: 1:35 PM, Room 420.) (mrw) (Entered: 04/28/2011)
04/28/2011 51 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Alexandra Stefanovic, Counsel on 04/18/2011, filed by Plaintiff Michael Waters. (Morse, Daniel) (Entered: 04/28/2011)
04/28/2011 52 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Recontrust on 04/19/2011, filed by Plaintiff Michael Waters. (Morse, Daniel) (Entered: 04/28/2011)
05/02/2011 53 MOTION to Dismiss Amended Complaint filed by Defendants BAC Home Loans Servicing, Bank of America, Mortgage Electronic Registration Systems, Recontrust NA. (Black, Michael) (Entered: 05/02/2011)
05/02/2011 54 MEMORANDUM in Support re 53 MOTION to Dismiss Amended Complaint filed by Defendants BAC Home Loans Servicing, Bank of America, Mortgage Electronic Registration Systems, Recontrust NA. (Attachments: # 1 Exhibit Note, # 2 Exhibit Trust Deed, # 3 Exhibit Waters Letters, # 4 Exhibit Evans Opinion, # 5 Exhibit OCC CA 900, # 6 Exhibit OTS 2007-08, # 7 Exhibit OCC IL 866, # 8 Exhibit OCC IL 1986)(Black, Michael) (Entered: 05/02/2011)
05/25/2011 55 MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss Amended Complaint, 54 Memorandum in Support of Motion, filed by Plaintiff Michael Waters. (Attachments: # 1 Text of Proposed Order Proposed Agreed Order)(Morse, Daniel) (Entered: 05/25/2011)
05/27/2011 56 ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TOMOTION TO DISMISS-granting 55 Motion for Extension of Time to File Response/Reply re 55 MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss Amended Complaint, 54 Memorandum in Support of Motion, MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss Amended Complaint, 54 Memorandum in Support of Motion. Responses due by 6/8/2011. Signed by Judge Bruce S. Jenkins on 5/27/11. (jmr) (Entered: 05/27/2011)
06/08/2011 57 Stipulated MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss Amended Complaint, 54 Memorandum in Support of Motion, filed by Plaintiff Michael Waters. (Attachments: # 1 Text of Proposed Order Proposed Order)(Morse, Daniel) (Entered: 06/08/2011)
06/09/2011 58 ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TOMOTION TO DISMISS-granting 57 Motion for Extension of Time to File Response/Reply re 57 Stipulated MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss Amended Complaint, 54 Memorandum in Support of Motion,Stipulated MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss Amended Complaint, 54 Memorandum in Support of Motion. Responses due by 6/10/2011. Signed by Judge Bruce S. Jenkins on 6/9/11. (jmr) (Entered: 06/09/2011)
06/10/2011 59 RESPONSE to Motion re 53 MOTION to Dismiss Amended Complaint filed by Plaintiff Michael Waters. (Attachments: # 1 Exhibit Slip Opinion of Stanton v Ocwen, # 2 Exhibit OCC Letter 695 re Trustees and State Law)(Morse, Daniel) (Entered: 06/10/2011)
06/10/2011 60 REQUEST for Judicial Notice re 59 Response to Motion filed by Plaintiff Michael Waters. (Attachments: # 1 Exhibit Exhibit A, Letter from Utah AG to Bank of America regarding ReconTrust, # 2 Exhibit Exhibit B, Amicus Brief of AG in Peni Cox v Recontrust case, # 3 Exhibit Exhibit C, Consent Order against Bank of America, # 4 Exhibit Exhibit D, Consent Order against MERS)(Morse, Daniel) (Entered: 06/10/2011)
06/10/2011 61 MOTION to Strike 54 Memorandum in Support of Motion, filed by Plaintiff Michael Waters. (Morse, Daniel) (Entered: 06/10/2011)
06/15/2011 62 NOTICE OF HEARING ON MOTION re: 53 MOTION to Dismiss Amended Complaint : Motion Hearing set for 8/9/2011 10:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms) (Entered: 06/15/2011)
06/22/2011 63 Stipulated MOTION to Continue Hearing on Defendants' Motion to Dismiss filed by Plaintiff Michael Waters. (Attachments: # 1 Text of Proposed Order Proposed Order to Continue Hearing until August 30, 2011)(Morse, Daniel) (Entered: 06/22/2011)
06/23/2011 64 ORDER TO CONTINUE HEARING- granting 63 Motion to Continue. IT IS HEREBY ORDERED that the hearing shall be rescheduled to August30,2011, at 10:30 a.m. Signed by Judge Bruce S. Jenkins on 6/23/11. (jmr) (Entered: 06/24/2011)
06/23/2011 Set/Reset Deadlines as to 53 MOTION to Dismiss Amended Complaint. Motion Hearing set for 8/30/2011 10:30 PM in Room 420 before Judge Bruce S. Jenkins. (jmr) (Entered: 06/24/2011)
06/24/2011 65 Stipulated MOTION for Extension of Time to File Response/Reply as to 59 Response to Motion, 61 MOTION to Strike 54 Memorandum in Support of Motion,, 60 Request, filed by Defendants BAC Home Loans Servicing, Bank of America, Mortgage Electronic Registration Systems, Recontrust NA. (Attachments: # 1 Text of Proposed Order)(Black, Michael) (Entered: 06/24/2011)
06/27/2011 66 ORDER EXTENDING TIME TO FILE REPLY AND RESPONSE-granting 65 Motion for Extension of Time to File Response/Reply re 65 Stipulated MOTION for Extension of Time to File Response/Reply as to 59 Response to Motion, 61 MOTION to Strike 54 Memorandum in Support of Motion,, 60 Request,Stipulated MOTION for Extension of Time to File Response/Reply as to 59 Response to Motion, 61 MOTION to Strike 54 Memorandum in Support of Motion, 60 Request. Replies due by 7/1/2011. Signed by Judge Bruce S. Jenkins on 6/27/11. (jmr) (Entered: 06/28/2011)
06/29/2011 Set/Reset Deadlines as to 53 MOTION to Dismiss Amended Complaint. Motion Hearing set for 8/30/2011 10:30 AM in Room 420 before Judge Bruce S. Jenkins. (jmr) (Entered: 06/29/2011)
06/30/2011 67 REPLY to Response to Motion re 53 MOTION to Dismiss Amended Complaint filed by Defendants BAC Home Loans Servicing, Bank of America, Mortgage Electronic Registration Systems, Recontrust NA. (Black, Michael) (Entered: 06/30/2011)
06/30/2011 68 MEMORANDUM in Opposition re 61 MOTION to Strike 54 Memorandum in Support of Motion, filed by Defendants BAC Home Loans Servicing, Bank of America, Mortgage Electronic Registration Systems, Recontrust NA. (Attachments: # 1 Exhibit Stearns Complaint, # 2 Exhibit Stearns Report and Recommendation, # 3 Exhibit Stearns Order Adopting Report and Recommendation)(Black, Michael) (Entered: 06/30/2011)
06/30/2011 69 RESPONSE re 60 Request,, filed by BAC Home Loans Servicing, Bank of America, Mortgage Electronic Registration Systems, Recontrust NA. (Black, Michael) (Entered: 06/30/2011)
07/05/2011 70 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ALL PENDING MOTIONS on October 25, 2010 before Judge BRUCE S. JENKINS. Court Reporter/Transcriber Kathy Morgan, Telephone number 801.532.3441.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at http://www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/26/2011. Redacted Transcript Deadline set for 8/5/2011. Release of Transcript Restriction set for 10/3/2011. (las) Modified by adding date of hearing on 7/27/2011 (rks). (Entered: 07/05/2011)
07/15/2011 72 Stipulated MOTION for Extension of Time to File Response/Reply as to 68 Memorandum in Opposition to Motion, filed by Plaintiff Michael Waters. (Attachments: # 1 Text of Proposed Order ORder to Extend time for Reply to Motion to Strike)(Morse, Daniel) (Entered: 07/15/2011)
07/19/2011 73 REPLY to Response to Motion re 61 MOTION to Strike 54 Memorandum in Support of Motion, filed by Plaintiff Michael Waters. (Attachments: # 1 Exhibit A - BOA Admission Letter)(Short, Douglas) (Entered: 07/19/2011)
07/20/2011 74 ORDER granting 72 Motion for Extension of Time to File Response/Reply re 61 MOTION to Strike 54 Memorandum in Support of Motion, Replies due by 7/19/2011. Signed by Judge Bruce S. Jenkins on 07/19/2011. (asp) (Entered: 07/22/2011)

[ArthurWankspittle]

Mr Waters, as David, had a practise run http://dockets.justia.com/docket/utah/u ... 196/78060/