Bagels at a Bar mitzvah Part II

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Survivor_IN

LoanSafe Member
I'm not sure about the dating advise...

moretrouble said:
Above mentioned case is a good case to learn to do motion for relief of judgment even it was filed by the bank's attorney.
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I'm curious for anyone with experience, is further information on filing an adversary proceeding in B*K. I was interested in filing for the student loan part but I also see a list on form 1040 coversheet for checking off reasons. I find it interesting that one can argue things like fraud in order to discharge the un-dischargeable. I do have certain proofs here and also a case against the originator concerning the unlawful sale for which they gleefully supplied loans. For context, it took some time to pinpoint who did what and case against seller was filed (but the bank demanded my full attention here to prevent a sale so i have additional work.) I discovered that the seller could not lawfully sell the property.
 
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moretrouble

LoanSafe Member
My tort case is going well. Filed and served everybody. Bank of NY (named foreclosure complaint plaintiff and judgment creditor) filed an Notice of Appearance and is being represented by a different law firm than the one which filed the original foreclosure complaint. I think they will throw each other under their buses to avoid the fraud exposure. Ground for new motion to set aside the foreclosure judgment.
 
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moretrouble

LoanSafe Member
Also talked to an respectable attorney, paid him to read my complaint and offer feedback and what to look for in moving ahead. $375/hour, took him 1.5 to read my complaint. He offered feedbacks but nothing that don't I already know. It's a good exercise for me to confirm that pro se is the way to go. Even if you can find a knowledgeable attorney, you can not afford him because nobody works for free. Just keep reading and filing.
 
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Javagold

LoanSafe Member
moretrouble said:
Also talked to an respectable attorney, paid him to read my complaint and offer feedback and what to look for in moving ahead. $375/hour, took him 1.5 to read my complaint. He offered feedbacks but nothing that don't I already know. It's a good exercise for me to confirm that pro se is the way to go. Even if you can find a knowledgeable attorney, you can not afford him because nobody works for free. Just keep reading and filing.
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And No one will fight harder for you than YOURSELF.
 
S

Survivor_IN

LoanSafe Member
Graceland has been set for foreclosure auction on Thursday May 23 2024. Elvis's granddaughter, the trustee of the estate is fighting the foreclosure claiming fraudulent signatures and fraudulent lender. TN is DOT state, so we know how quick these foreclosures work. The advertisement for sale was placed this week. A temporary restraining order to halt the sale was granted by the court on May 20, 2024, and an injunction hearing is set for May 22, 2024.

I want to read these docs. You know they have high dollar attorneys on it.


www.the-sun.com

Find out if Elvis Presley's Graceland estate is up for auction

ELVIS Presley’s historic Graceland home looks set to be sold at auction after his daughter allegedly failed to pay back a $3.8million loan. The late King of Rock and Roll’s grandda…
www.the-sun.com www.the-sun.com
 
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Survivor_IN

LoanSafe Member
Graceland Forclosure Fraud Review - here is the complaint against the LLC with the DOT

The Presley counter-complaint is 60 pages, most of which contains the alleged mortgage and DOT. Yes, good news, they included the evidence for public consumption too. (but faxed and fuzzied mostly) The Lender has alleged Florida law is controlling. This is just TOO FUNNY! If you're gonna make commit fraud using a fake DOT document it is not a good idea to use a judicial foreclosure state as prevailing law. AND maybe not use someone so famous to defraud? cause, you know, they have the funds to sue your arse...

What I love most is the affidavit by the notary stating she had never met Lisa Marie Presley! PRICELESS.

I do like the format of the complaint (always helpful to see what an actually attorney writes in cross claim) and it is noteworthy that they didn't point out specific signature discrepancies but simply declared that the signature was forged and used the affiant as proof. (best evidence) But, hey look closely and about 5 signatures are exact copies. Two even on same page side by side.

I wish I were famous enough to have the State Attorney General investigate. Yeah, I know this is privilege here, no Judge in TN is gonna allow Graceland to foreclose, but it's just priceless to see a thief get caught.
 
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Survivor_IN

LoanSafe Member
I have a quick question if anyone knows...

Do I, or should I, object to PH8H proof of claim. Same issues, wrong dates, interest, etc. Does not use correct transfer date and rolls in past due amounts that do not or should not exist due to HAMP. Note is inauthentic but state court refused additional evi and just wanted "any" document without any authentication or affidavit of custody. Same opposing argument for me. Numbers are wrong and illegal collection of excess interest and amounts not due. Plus, standing issue is going to appeals ct.
 
J

Javagold

LoanSafe Member
Survivor_IN said:
I have a quick question if anyone knows...

Do I, or should I, object to PH8H proof of claim. Same issues, wrong dates, interest, etc. Does not use correct transfer date and rolls in past due amounts that do not or should not exist due to HAMP. Note is inauthentic but state court refused additional evi and just wanted "any" document without any authentication or affidavit of custody. Same opposing argument for me. Numbers are wrong and illegal collection of excess interest and amounts not due. Plus, standing issue is going to appeals ct.
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i would strongly recommend to object to proof of claim (and I will be doing the same most likely in the near future.)
 
K

kraftykrab

LoanSafe Member
Survivor_IN said:
I have a quick question if anyone knows...

Do I, or should I, object to PH8H proof of claim. Same issues, wrong dates, interest, etc. Does not use correct transfer date and rolls in past due amounts that do not or should not exist due to HAMP. Note is inauthentic but state court refused additional evi and just wanted "any" document without any authentication or affidavit of custody. Same opposing argument for me. Numbers are wrong and illegal collection of excess interest and amounts not due. Plus, standing issue is going to appeals ct.
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I would definitely do that. But keep in mind, when you do, the proof of claim is twofold--first, that there's actually an obligation that belongs to you, and second, that the numbers are legit. I'd object and include everything--including what the state court rejected.
 
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Survivor_IN

LoanSafe Member
Okay, forms filed. Getting adversary on student loans squeaked in before the deadline.
I may also convert to chapter 13 if necessary in the future. Since the bank filed a POC and motion to lift stay, I objected and sent all evidence explaining "errors" and requesting an accounting of the debt with offsets. All of this was unnecessary. But they have it. Now I am incorporating time for them to "negotiate" as their motion to lift stay was approved but limited to contact regarding modification, etc. The debt is overvalued by no less than $150k due to errors.

My plate is full in that I also need to address the foreclosure in state court. FC is currently in appeals. I did find law on the use of deposits and bonds to prevent auction or sale. Of course, the judge ignored current las and used her bias, ignorance and ineptitude to deny me my rights to obtain an injunction on the sale while the judgment in on appeal. This is why I bankrupted, to stop the scheduled sale because the court was denying proper due process. I offered to pay the cancelled sale fee in order to obtain an injunction so the bank would not be harmed. (bare legal necessity to not cause harm) Of course, the "holders" are not harmed anyway where they continue to collect interest on the note until the property is sold or seized back into the trust.

It would be nice if I weren't the only one whose name is respondent on all these forums here. I sorta like the bot that posts dating links. lol
 
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Survivor_IN

LoanSafe Member
If they don't negotiate in good faith then that's their problem. I'm not agreeing to less than renegotiation of principal to amount legal owed.
 
isisis

isisis

LoanSafe Member
There must have been some high fives going on at the corporate office a few weeks back. They finally got me after 25 scheduled sales. I slipped up on a simple matter of timing. I though 365 days had past and they needed to refile the notice of sale before they could post a sale but it hadn't. I checked the site expecting to see the sale again postponed but it said "reverted to beneficiary" . My house was sold. That took some digestion. Never expected that. Good thing it didn't go to a bonafide purchaser. I've had to regroup and begin to study wrongful foreclosure as a cause of action.

Courts are more sympathetic to homeowners who've been foreclosed on. The elements are simple, the foreclosure was illegal, fraudulent or oppressive and you were harmed. The tender requirement is not a problem as I fall into a few exceptions.

I'm trying to see this as potentially a positive though of course it's scary. The pieces on the chess board have just been rearranged. I've always asserted the non-existence of default and that's ideal for wrongful foreclosure.

On the upside a recent jury awarded foreclosed on homeowners $3.9 million because the servicer wasn't as cooperative as they might have been and the woman developed a skin condition. The award didn't stick for some technicality but still.

Google Scholar

scholar.google.com scholar.google.com

Money though had never been what this was about. It's about justice and corporate greed and this nonsensical system that allows banks to steal homes.
 
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moretrouble

LoanSafe Member
isisis said:
There must have been some high fives going on at the corporate office a few weeks back. They finally got me after 25 scheduled sales. I slipped up on a simple matter of timing. I though 365 days had past and they needed to refile the notice of sale before they could post a sale but it hadn't. I checked the site expecting to see the sale again postponed but it said "reverted to beneficiary" . My house was sold. That took some digestion. Never expected that. Good thing it didn't go to a bonafide purchaser. I've had to regroup and begin to study wrongful foreclosure as a cause of action.

Courts are more sympathetic to homeowners who've been foreclosed on. The elements are simple, the foreclosure was illegal, fraudulent or oppressive and you were harmed. The tender requirement is not a problem as I fall into a few exceptions.

I'm trying to see this as potentially a positive though of course it's scary. The pieces on the chess board have just been rearranged. I've always asserted the non-existence of default and that's ideal for wrongful foreclosure.

On the upside a recent jury awarded foreclosed on homeowners $3.9 million because the servicer wasn't as cooperative as they might have been and the woman developed a skin condition. The award didn't stick for some technicality but still.

Google Scholar

scholar.google.com scholar.google.com

Money though had never been what this was about. It's about justice and corporate greed and this nonsensical system that allows banks to steal homes.
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Never give up, sue them all (master servicer, default servicer, trustee, msr owner, law firm) and demand jury trial:

Oregon Rules of Civil Procedure (Calif has the equiv)
JURY TRIAL

RULE 50



Jury trial of right. The right of trial by jury as declared by the Oregon Constitution or as given by a statute shall be preserved to the parties inviolate.



[CCP 12/2/78]



ISSUES; TRIAL BY JURY

OR BY THE COURT

RULE 51



A Issues. Issues arise upon the pleadings when a fact or conclusion of law is maintained by one party and controverted by the other.



B Issues of law; how tried. An issue of law shall be tried by the court.



C Issues of fact; how tried. The trial of all issues of fact shall be by jury unless:

C(1) The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial without a jury; or

C(2) The court, upon motion of a party or on its own initiative, finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of this state.
 
M

moretrouble

LoanSafe Member
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