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FALSE PROOF OF CLAIM - Any Damages owed to debtor....? MORE Bankruptcy Hijacking tales of Woe...
Why isn't the US Trustee going after BofA? Oh wait, I might know the answer to that one. You could file an AP but I can't imagine a judge in this district sanctioning a bank as long as the bank says sorry or whoopsy. Does bk law preempt a state or federal action for abuse of process or fraud?
Sent from my iPhone
On Jan 12, 2012, at 8:59 AM, R Grace Rodriguez wrote:
> Dear Members:
>
>
> You have to see this case to believe it. Check out 9:11-bk-12222-RR on Samuel & Shiela Ortiz. there are about 9 Motions for Relief from Stays. ALL OF THEM on properties which my clients have NOTHING to do with. With respect to each of these properties, whoever is working for the respective owners, has submitted to trustee's fake grant deeds to my clients. I'm going broke defending them all and not being able to charge clients. I don't have the heart to charge them for fraud being committed against them. So okay can't beat down all of these MFRs... BUT in one case, Bank of America has filed a proof of claim which is substantiated with a FRAUDULENT GRANT DEED. If you compare the signatures on this Grant Deed with the Deed of Trust attached to the SAME proof of claim, they are not even close. If you do an instrument number check with San Luis Obispo County, that isn't even their stamp for proof of recording. So what you have is Bank of America using a Fraudulent Grant Deed to support their proof of claim that my clients owe them money when my clients are not even on title, and they are not on the loan.
>
> NOW the trustee has brought a motion to dismiss the case because now its INFEASIBLE.
>
> I have had to spend two hours gathering up the evidence to send a letter to the Trustee, the Bank, and to the US TRUSTEE informing them that I think this is sloppy, and it is a FALSE CLAIM made without any regard for the overwhelming factual evidence that these debtors have nothing to do with the property or the loan and that the grant deed is fake. And if they decide NOT to withdraw the claim immediately, I'm stuck with another 6 to 8 hours of defending a motion to dismiss and a claim objection.
>
> Is there a way to surcharge Bank of America for this sloppy work? Can I bring an Adversary? Any ideas?
>
> Help.
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
>
Why isn't the US Trustee going after BofA? Oh wait, I might know the answer to that one. You could file an AP but I can't imagine a judge in this district sanctioning a bank as long as the bank says sorry or whoopsy. Does bk law preempt a state or federal action for abuse of process or fraud?Sent from my iPhoneOn Jan 12, 2012, at 8:59 AM, R Grace Rodriguez <rgracelaw@gmail.com> wrote:
Dear Members:You have to see this case to believe it. Check out 9:11-bk-12222-RR on Samuel & Shiela Ortiz. there are about 9 Motions for Relief from Stays. ALL OF THEM on properties which my clients have NOTHING to do with. With respect to each of these properties, whoever is working for the respective owners, has submitted to trustee's fake grant deeds to my clients. I'm going broke defending them all and not being able to charge clients. I don't have the heart to charge them for fraud being committed against them. So okay can't beat down all of these MFRs... BUT in one case, Bank of America has filed a proof of claim which is substantiated with a FRAUDULENT GRANT DEED. If you compare the signatures on this Grant Deed with the Deed of Trust attached to the SAME proof of claim, they are not even close. If you do an instrument number check with San Luis Obispo County, that isn't even their stamp for proof of recording. So what you have is Bank of America using a Fraudulent Grant Deed to support their proof of claim that my clients owe them money when my clients are not even on title, and they are not on the loan.
NOW the trustee has brought a motion to dismiss the case because now its INFEASIBLE.I have had to spend two hours gathering up the evidence to send a letter to the Trustee, the Bank, and to the US TRUSTEE informing them that I think this is sloppy, and it is a FALSE CLAIM made without any regard for the overwhelming factual evidence that these debtors have nothing to do with the property or the loan and that the grant deed is fake. And if they decide NOT to withdraw the claim immediately, I'm stuck with another 6 to 8 hours of defending a motion to dismiss and a claim objection.
Is there a way to surcharge Bank of America for this sloppy work? Can I bring an Adversary? Any ideas?Help.-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223
CEL: (818) 554-9922NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
The post was migrated from Yahoo.