We will be starting our very own radio show tomorrow on WDJA 1420 from 8-10 am EDT.
We are going to go with the warrior lawyer theme and discuss topics emerging from the foreclosure/financial crisis.
Tomorrows guest – Curtis Hertel Jr. – Curtis Hertel for Ingham County Register of Deeds
So tune in if you are local in West Palm Beach or join us on the web at http://www.jammin1420.com/ and click on the listen now button in the top right corner…
Be sure to call in and ask your questions or post them in the comments below.
It will be available by podcast as well if you miss it.
Call in number is 561-265-2121.
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Questions:
1. What can I do to force the court ordered Agreement of non Dischargement of debt and get my $10,000 plus back
2. Can I challenge SunTrust on who the true owner of the house is that was sold through a lease/purchase to me by an investor who didn’t own it and stop the foreclosure sale on May 24, 2011
I entered into a lease/purchase contract in 2007 with an “investor”. I put $10,000 down payment down on future purchase in lieu of additional rent each month and paid $1,000 per month.
In March 2010, the investor took out bankruptcy, never notified me but continued to collect my rent. In investigating the bankruptcy, I discovered the investors name is not on the title or the mortgage, therefore, they didn’t own it and selling it was fraud. The house was put in a Trust. The investor’s sister was made Trustee for the John Doe family trust and according to the investor, this gave them the right to sell or rent the house. The original owner of the house who had the family trust has passed away. During the bankruptcy, the true owner of the house was never determined. A copy of the Trust is no where to be found.
The investor stated in court that they spend all of my money – the reason they didn’t tell me about the bankruptcy because I wouldn’t have had the down payment money when I got a mortgage. I have reported the investors and Trustee to all government offices and they are supposedly being investigated by the US Attorney for fraud.
I stopped making payments when I found out about the bankruptcy from a document mistakenly mailed to me. My name and address were purposely wrong on all bankruptcy documents assuring I would not get any documentation of the bankruptcy. I stopped making rent payments when I received this mail.
I hired an attorney who feels I have not been victimized by this because I am not paying rent and told me to go on with my life as though nothing has happened. If I get some of my money back , OK and if not, oh well. The house is having a foreclosure sale on May 24, 2011. He and SunTrust’s foreclosure attorney feel I am all set because I will have 90 days to find another place to live and it is constantly brought up that I have been living in the house “rent free”.
The attorney I hired did file a Motion to Set Aside Discharge and obtained an agreement from the judge. He asked the investors attorney if the Trustee would deed the house to me and they refused. He prepared a pretrial statement and an agreement was made that the investors could not discharge their debt to me. I had to find all of this information out by filing a complaint to the Board of Professional Responsibility. He doesn’t communicate very well.
SunTrust won’t talk to me to negotiate my purchasing the house because my name isn’t on any paperwork.
I have managed to postpone the foreclosure sale by one month to May 24, 2011 through the documents I sent to the foreclosure attorney. Actually, they don’t care if I am on the street or not – this is an FHA insured loan and they get their money regardless. They really don’t want me to have the house.
Can I, even though I am not on the mortgage but am involved through the fraudulent lease/purchase, challenge the ownership of the house? Is there anyway I can force Sun Trust to have the Deed of Trust transferred to my name? Or because everything was a fraud, am I out of everything? the house and my money? If my $10,000 is not dischargeable, what does that mean? How do I go about going after them to get this back. They have a house they are buying through a trust that is not in their name and I am sure they have income but nothing that would be reported that I could get from them. Haven’t they broken the law? Don’t people go to jail for breaking the law? ooopps!! Forgot – the criminals don’t go to jail – they get big bonuses and government bailouts.
I am a senior citizen and have been devastated by this financially and emotionally. This has consumed my life for a year and I don’t feel I have made any progress at all. I would love to see these people in jail. They are still selling houses and scamming people. I would also love to challenge SunTrust with how they have treated me. I did nothing wrong except try to purchase a house and now I am losing everything due to a cold hearted scammer and bank.
SO SORRY
To Buttons:
Google search “Matt Weidner, Attorney” or “Matt Weidner blog” (he is in Tampa, FL) and “April Charney foreclosure Defense 2011” and you will find some help. Ms. Charney is a Legal Aid foreclosure defense lawyer in Jacksonville, FL. She has a manual she wrote, and is even teaching classes in the defense against foreclosure and her group that registers participant lawyers MAY be able to tell you some names of lawyers near you who have had her course, and who might be able to help you. If you qualify for Legal Aid by your income, there may be a branch in a county near you that will help. The http://www.mattweidnerlaw.com has some
help on the website too and a list of lawyers, but you will have to root around on the site’s pages to find it.. He does have a main phone number to call right on the front end of his site, too.
Danielle,
Thank you so much for your help! i have previously contacted Matt Weidners office a couple of times but could not even get an appt for a consult because they didn’t handle cases in the county where I was. I also contacted April Charneys office a couple of times-just a week and a half ago again and left a message ….She has not responded…I would absolutely love to talk to her and at least get a referral……I really need help quickly……I will try her again. I’m sure she is very busy………
I read their info and blogs regularly. I would love to have either of them to take my case or consult with me and give me a referral……..I’ll keep praying.
God Bless You!
FANG LI OH MY! WELL GET THEM BACK! I HOPE SO FOR YOU….I JUST FEEL SO MANY MOVED ON THEY HAD NO CHOICE!
I wish you all the luck in the world. I too was in Federal District Court ( Southern District of NY) in 1997 and I hope your Federal Judge understands Art 1 Para 10 Cl 1 of the US Constitutiion. My Judge the famous Louis L Stanton understood the issue till the bank came in the back door and my rights went out the window. The banks corrupt attorneys Mullooly Jeffrey Rooney &Flynn kept t saying “she wants to change the banking system. It would have been good if someone listened. But these are different times.
SO GOD SAID OH YEAAAAAAAAA????????????????????? HERE I COME!
CANT TAKE CREDIT HUN. JUST TELLING YOU MY DREAMS 4 U TO FIGURE OUT!
Here is a case that may be helpful in your foreclosure defense:
892 F.2d 1115: Salim Aoude, Plaintiff, Appellant, v. Mobil Oil Corporation, Defendant, Appellee
http://law.justia.com/cases/federal/appellate-courts/F2/892/1115/72189/
Some pertinent paragraphs:
A “fraud on the court” occurs where it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier or unfairly hampering the presentation of the opposing party’s claim or defense.
also
We need go no further. Appellant chose to play fast and loose with Mobil and with the district court. He was caught out. The judge considered the relevant factors and acted well within his discretion: appellant’s brazen conduct merited so extreme a sanction; Mobil, having undergone extra trouble and expense, had a legitimate claim to dismissal; and the court, jealous of its integrity and concerned about deterrence, was entitled to send a message, loud and clear.
35
Affirmed.
along with some of my favorites:
3. On May 5, Aoude filed a second action in the same federal district court. The complaint in the “new” case adopted all the factual allegations made in the first case and prayed for essentially the same relief, but abandoned plaintiff’s earlier reliance on the phony contract. Then, citing Mobil’s February 24 letter to Monahan, the new complaint proceeded to allege violations of the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. §§ 2801-2806 (1982).
8
4. On May 17, Mobil moved to dismiss both actions because of Aoude’s fraudulent practices.
9
We need not wax longiloquent as to ensuing events. On June 2, the district court granted preliminary injunctive relief in Mobil’s favor;1 the court also denied plaintiff’s motion to substitute the authentic agreement for the ersatz one. Thereafter, the district court heard arguments on defendant’s dismissal motions and took them under advisement. Some months later, the court filed a memorandum decision dismissing both actions. In its rescript, the court observed that “plaintiff’s entire case rests on a false foundation.”
I suggest getting an attorney for your defense, but help them by doing some of your own homework. Look at your own Summary Judgment and the affidavit in it. Google the names of the people who signed the affidavit. If the affidavit was filed in 2008, 2009 even 2010 there is a 90% chance it is fraudulent. Don’t ever give up hope.
CAN YOU FIND OUT IF THESE CROOKS ARE CONNECTED TO INSURANCE COMPANIES WHERE TORNADOS HIT IN THE SOUTHER N STATES????
GOOD ONE, MAGGIE MAY!!!! THAT WAS A BRILLIANT DEDUCTION!!! You just proved the American people must take their country back. We are brilliant!!!!
Check the CME group a week or two before the tornadoes hit and see what they were placing heavy put bets on. No doubt, they did, and it was off to the HAARP races. These diabolical and maniacal bastards gotta keep finding new and more dastardly ways to make the people pay for their ongoing Ponzi Scheme Stick up of America. THE ONGOING SET UP OF THE PEOPLE TO ROB, RAPE AND PILLAGE to pay for the ongoing extraction and cover-up!!!.
Yes, Big Dog. My case that is currently in Federal District Court , Indianapolis, Indiana is based entirely on a (False Foundation), and I have asked the Judge to show them the (Door). Waiting for my (Ruling) as we speak. I will (Appeal) regardless, but I am also going to file a (Complaint/Lawsuit) against the attorneys that have submitted all the (False Affidavits, and Fraudulent Documents). How dare they (Commit this (Fraud) upon me the (Plaintiff) and it is a (Fraud Upon the Federal District Court). So, Snowstorm is SHAKING up the Court. Enjoyed your input. Keep the information flowing, so we are all learning from everyone’s situation. I am in……. when and if the (Revolt Movement) get’s moving.
SEE SOMETIMES GOD HAS TO DO EXTREME THINGS THAT SEEM CRUEL. I WA ASSURED AS WITH CAYLEE ANTHONY GODS PEOPLE DONT SUFFER WHEN HE HAS TO CALL THEM BACK HOME! NOT THE SAME WITH EVIL PEOPLE OR PEOPLE WITH HELL TO PAY! NOW GOV WATCHING TO SEE IF THEY PAY UP BECA– USE AS YOU WELL KNOW FALSE IS THE RIGHT WORD FOR THE LLIES THESE INSURERS ARE CLAIMING TO HAVE ON RESERVE!
Do you think the Judge at least got a free tankk of gas?
To BigDog
Did the Judge at least get a free tank of gas?
what is being done about restoring previously ousted true home owners to their properties?- without that correction the land records can never be true.
TRUE! ALTHOUGH MANY MOVED ON GOT NEW JOBS ETC!
You may have gone on but not me. I want possession of my two condos back. I was ousted from them with two void judgments ab intitio. Astoria Federal’s original attorneys Mulloolly Jeffrey Rooney & Flynn auctioned them off to straw buyers even though the bank never owned them.
My feeling is Fang Li was the straw buyer for attorneys Schwall and Becker who wanted to hide their money
probably from the IRS. This Fang Li was given my social security number to use as her identificatiion. on a 1099 form for the motor vechicle bureau. It took alot of unraveling to figure out their scam and all their extended players.
In 2008 I went back to court to vacate the two void judgment that produced forged deeds. Forged deeds have no latches. Astoria Federal had gotten rid of the Attorneys MJRF seven years before and Astoria’s new attorneys Mr Arthur Walsh looking at the dates of the state judgments(June 30 1997) knew my case Marilyn Lane v. Astoria Federal S & L successor in interest to Fidelity NY FSB was in Federal District Court on that date June 30 1997 Mr Walsh stated Its Indemnify Indemnify Indemnify we are stepping aside and the Title Companies are stepping in
.
And who steps in Frank Malone Esq for Fidelity National Title(the parent company of LPS Docx)and a David K Fiveson who claims he represents a title company called Coronet Title for Frances Brightwater Turner. I have the feeling that this attorney Fiveson’s money is hidden in here too. All liars and all connected to each other to perpertrate title fraud. Malone and Fiveson are the title attorneys that gave a bribe to Judge Alice Schlesinger.
Attorneys Timothy Rooney attorneys Schwall & Becker title attorneys Frank Malone and David Fiveson all should be indicted.(plus their is an attorney for Cheetah Realty the other straw buyer but I don’t remember his name off the top of my head.)
I am the true owner of my two condos and I want possession of my condos back. I am not one who has gone.
GOOD POST!
Good Luck L & M….Keep up the good work!!!! 🙂
Are there any attorneys in Florida available to take over a case in Federal District Court for Wrongful Foreclosure and Seizure Of Property, TILA Rescission Violations. Fraud, Forged Documents, Fraudulent Affidavits, and Quiet Title Action……………………Please I need help!!!!!!!!!!!!! I was railroaded by lenders attorney and state court judge….I ahve already been evicted from my home of 16 years and now they have gotten a deficiency judgment with an immediate writ of execution……THEY HAVE TO BE STOPPED…..It is illegal and immoral!!!!!!!!..I have a well documented , solid case with court transcripts……PLEASE–IF THERE ANY AVAILABLE FORECLOSURE DEFENSE ATTORNEYS NOT AFRAID TO TAKE A STAND FOR WHAT IS RIGHT that has time to take on this case. Please post if you are available…..
I wish you the best in your radio show : )
FANTASTIC!!!!!!!!!!
Great news! I will personally be calling in; as my case progresses; to stimulate the people to fight, as I have been doing. I am representing myself pro-se in two (2) states. BOA’s feeble attempt to “Foreclose” in the state of New Jersey; utilizing all “Fraudulent Documents”, just ain’t gonna happen as long as I can breathe. Been in Federal District Court; where I filed on “Origination Mortgage Fraud” prior to “Foreclosure”. Waiting, as I speak for the ruling on the “Big Boys”. Won on the “Appraisal Fraud”, where they are being held over for trial. Lenders ???? have submitted all “Fraudulent Documents” to the Indianapolis, Indiana, Federal District Court, in their quest to get me “Dismissed” and to win a “Summary Judgment”. I am so anxious to see if the Judge stands for a “Fair and Just Result”. I will be “Appealing”, as I will not accept “DEFEAT”. My advice: File the Complaint/Lawsuits now. I believe by paperwork is sufficient; and my absolute “Certified Apostille” proves their “Fraudulent Documents” and should shut the “Liars” down, orchestrated by the Secretary of State. Can’t get any better than that. Good Luck with the new show.
Victoria l. Sprouse and Michael D. Pahutski, both of Charlotte, North Carolina, were charged in a Superceding Indictment with perjury, conspiracy to commit money laundering, mail, wire and bank fraud.
According to the Indictment, Sprouse, a licensed North Carolina real estate attorney, and Pahutski, a mortgage broker at Southland Mortgage Corporation, participated in a scheme from 2001 through September 2002, in Mecklenburg County, North Carolina, to obtain money and property by means of false and fraudulent pretenses, representations and artifices to defraud financial institutions of money and their right to honest services.
Specifically, Sprouse and Pahutski prepared materially false mortgage applications and supporting documents to submit to lenders for approval. The defendants also prepared and signed materially false HUD-1 settlement statements, appraisals and did accept down-payment checks from persons other than the buyers listed in the HUD-1 settlement statements.
The properties listed in the Indictment include:
HE GOT 19 YEARS!!!!
wishing you the best of luck!
keep helping all of the victims of fraudclosure!
Great news for America!!!!! Best of luck !!!!! The truth needs to be spread nationwide. Too many do not know what these criminals have done and are still doing. They are still stealing the wealth and the homes they do not own from the American people. This ongoing multinational criminal enterprise is diabolibcally and strategically bankrupting America to cover up for all of their fraud. This TRUTH must be told to the American people who still do not get it. God Bless!!!!
We have two properties that were fraudulently foreclosed, between the judge and the attorney..
How do I go about appealing them? Do I need a lawyer ?
Keep up the great work you are doing.
Do not give up!
Liz