SO SORRY

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.

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!

GOOD POST!

To BigDog

Did the Judge at least get a free tank of gas?

Do you think the Judge at least got a free tankk of gas?

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.