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Case 06-26256-JAD Doc 95 Filed 04/25/12 Entered 04/25/12 15:23:38 Desc Main

Document Page 1 of 3

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA









In re:
Ralph W. Davis


Bank of America Corporation




Debtor(s)















Movant(s)

vs.





No Respondent Named























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Case No. 06-26256JAD
Chapter 13

Related to Document # 95


Hearing Date 5/2/12






TRUSTEE’S RESPONSE TO MOTION FOR THE RECOVERY OF UNCLAIMED

FUNDS





Ronda J. Winnecour, Chapter 13 Trustee, respectfully represents the

following:

1.

Bank of America Corporation filed a Motion for Recovery of Unclaimed

Funds, alleging that the reason Movant did not receive the funds is because the

funds were sent to Countrywide Home Loans, which changed its name to BAC

Home Loans Servicing, LP, which in turn merged with and into Bank of America,

NA. However, this is inaccurate.

2.

According to the Trustee’s case notes, the Trustee received a refund check

from Countrywide together with a letter indicating that the servicing of the loan

had been released to Roundpoint Mortgage Servicing Corporation. The original

letter has been archived in off-site storage, however.

3.

No proof of assignment has been filed by Roundpoint, which is why the

Trustee lodged the funds as unclaimed.

4.

Before the funds are released to Movant, Movant should have to prove that

it is entitled to the funds, as well as explain the basis for its return of the funds

with the service released letter.

Case 06-26256-JAD Doc 95 Filed 04/25/12 Entered 04/25/12 15:23:38 Desc Main

Document Page 2 of 3



WHEREFORE, the Trustee respectfully requests that the motion be denied.























RONDA J. WINNECOUR,
CHAPTER 13 TRUSTEE





Date: 4/25/12











(412) 471-5566





__/s/ Jana S. Pail_____________

by
Jana S. Pail - PA I.D. #88910
Attorney for Trustee
US Steel Tower – Suite 3250
600 Grant St.
Pittsburgh, PA 15219

[email protected]











Case 06-26256-JAD Doc 95 Filed 04/25/12 Entered 04/25/12 15:23:38 Desc Main

Document Page 3 of 3

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA









In re:
Ralph W. Davis


Bank of America Corporation




Debtor(s)















Movant(s)

vs.







No Respondent Named



















:
:
:
:
:
:
:
:
:
:

Case No. 06-26256JAD
Chapter 13

Related to Document # 95


Hearing Date 5/2/12






CERTIFICATE OF SERVICE
























I hereby certify that on the 25th of April 2012, I served one true and correct

copy of the foregoing document on the following parties in interest by United
States first-class mail, postage prepaid, addressed as follows:

Joseph S. Sisca, Esquire
Assistant U.S. Trustee
Suite 970, Liberty Center
1001 Liberty Avenue
Pittsburgh PA. 15222

Ralph W. Davis
2013 Dayna Drive
College Park GA 30345

Gary Short, Esquire
436 Seventh Avenue
2317 Koppers Building
Pittsburgh PA 15219














_/s/Dianne DeFoor_______
Office of Chapter 13 Trustee
US Steel Tower – Suite 3250
600 Grant Street
Pittsburgh, PA 15219
(412) 471-5566
[email protected]