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Bankruptcy Hijacking Prosecution [1 Attachment]
The variation I'm used to seeing is a partial grant deed into the name of an existing Debtor. We have a client who, in a single case, has had SIXTEEN MFRs for properties that aren't his.
We've been asking the judge to allow language in the order that states our client isn't involved in a scheme to defraud.
>
> The creditors aren't the only victims. My favorite scenario is when someone has their SS# stolen. A property about to be foreclosed is partially transferred to them and the troubled property owner files BK for the victim. The foreclosure is stopped by the automatic stay.
>
> The victim receives the bk notice or worse gets all of their credit cards get cancelled. Then the victim comes running to Court in a panic to try to figure out what happened. The Court usually directs them to the help desk. From my experience helping pro se debtors at the help desk, this happens relatively frequently. I saw one troubled property owner do this twice.
>
> It's also obvious who stole the SS#, but I haven't heard of any case where either law enforcement or a BK judge holds the culpable party responsible.
>
> Sina
>
>
> ________________________________
> To: cdcbaa@yahoogroups.com; Stephen Vokshori
> Sent: Monday, February 25, 2013 3:43 PM
> Subject: Re: [cdcbaa] Bankruptcy Hijacking Prosecution [1 Attachment]
>
>
>
> [Attachment(s) from PHiLiP E. KOeBeL, Esq. included below]
>
>
>
> be careful what you wish for. this suit is NOT about helping borrowers...
>
> "The exploitation of Tarp is unacceptable, and Sigtarp and our law enforcement partners will continue to pursue justice for such fraud."
>
>
>
>
> A California man has been accused of running a scheme to prevent banks from foreclosing on properties.
> Walter Bruce Harrell of Montara, Calif., has been indicted by a federal grand jury on charges of bankruptcy fraud and making false statements in bankruptcy proceedings, the Office of the Special Inspector General of the Troubled Asset Relief Program and the U.S. Attorney for the Northern District of California said Friday. Many of the creditors that were prevented from foreclosing were banks that had received Tarp funds, the special IG said.
> Harrell's alleged scheme was a version of the so-called foreclosure-rescue scam, in which a troubled property owner hires someone who says he can forestall foreclosure proceedings.
> Harrell's scheme involved transferring part of the interest in a foreclosed-on property to a third party, whom Harrell would then pay to file for bankruptcy, according to the indictment. The "automatic stay" clause in bankruptcy law would then halt foreclosure sales.
> The indictment charges Harrell with running this scheme on six properties in 2011 and making false statements in two bankruptcy trials. The maximum penalty is five years in prison and a fine of $250,000.
> A Tarp spokesman could not provide figures on the total number of properties involved in the scheme or the total value of the properties Harrell allegedly blocked from foreclosure. The FBI and the Alameda County police were also involved in the investigation, the spokesman said.
> "Harrell is charged with exploiting Tarp banks and preying on vulnerable homeowners by promising to delay their foreclosures for a monthly fee," Christy Romero, the special IG, said in a news release.
> "To obstruct creditors, including Tarp banks, from foreclosing on the homes, Harrell allegedly manipulated bankruptcy laws, making false statements and transferring interests in the properties to third parties whom he paid to file papers in court to hinder the foreclosure process," Romero said. "The exploitation of Tarp is unacceptable, and Sigtarp and our law enforcement partners will continue to pursue justice for such fraud."
>
>
>
>
> On Mon, Feb 25, 2013 at 3:29 PM, Stephen Vokshori wrote:
>
>
> >
> >Finally, law enforcement in Northern California has taken action against one perpetrator involved with the bankruptcy hijacking fraud. A handful of my clients have been victimized by this recent problem so hopefully the AUSAs in LA follow suit.
> >
> >See: http://www.americanbanker.com/issues/17 ... 011-1.html.
> >
> >Thanks,
> >Stephen
> >
> >N. Stephen Vokshori, Esq.> >Managing Attorney
> >213-986-4323 x100 (direct) | 310-881-6996 (fax)
> >stephen@... (email) | www.VokLaw.com (website)
> >
> >Vokshori Law Group
> >1010Wilshire Boulevard|Suite1404|Los Angeles, CA90017
> >CONFIDENTIAL COMMUNICATION
> >This communication from Vokshori Law Group contains confidential information and may include privileged communication protected by the attorney-client and attorney-work product doctrines. The communication may additionally constitute confidential information subject to further disclosure restrictions by other doctrines. The unauthorized disclosure, copying, or other use and dissemination of this communication or any portions thereof is strictly prohibited and may be unlawful. This communication is to be read only by the intended recipients. If you have received this communication in error and/or are incorrectly designated as a recipient, please immediately notify Vokshori Law Group at info@... and delete from your system all copies of the entire message including any documents attached thereto.
> >
> >Important notice required by Federal Law: Vokshori Law Group is a debt relief agency pursuant to Federal Law 524 of Title 11 of the US Code.ef under the United States Bankruptcy Code.
> >
> >For more information about Vokshori Law Group, visit www.voklaw.com or call (213) 986-4323.
> >
> >PPlease consider the environment before printing this message.
> >
>
> Attachment(s) from PHiLiP E. KOeBeL, Esq.
> 1 of 1 File(s)
> California Man s Foreclosure Scam Targeted Tarp Banks_ Prosecutors - American Banker Article.pdf
>
The post was migrated from Yahoo.
The creditors aren't the only victims. My favorite scenario is when someone has their SS# stolen. A property about to be foreclosed is partially transferred to them and the troubled property owner files BK for the victim. The foreclosure is stopped by the automatic stay.
The victim receives the bk notice or worse gets all of their credit cards get cancelled. Then the victim comes running to Court in a panic to try to figure out what happened. The Court usually directs them to the help desk. From my experience helping pro se debtors at the help desk, this happens relatively frequently. I saw one troubled property owner do this twice.
It's also obvious who stole the SS#, but I haven't heard of any case where either law enforcement or a BK judge holds the culpable party responsible.
Sina
________________________________
To: cdcbaa@yahoogroups.com; Stephen Vokshori
Sent: Monday, February 25, 2013 3:43 PM
Subject: Re: [cdcbaa] Bankruptcy Hijacking Prosecution [1 Attachment]
[Attachment(s) from PHiLiP E. KOeBeL, Esq. included below]
be careful what you wish for. this suit is NOT about helping borrowers...
"The exploitation of Tarp is unacceptable, and Sigtarp and our law enforcement partners will continue to pursue justice for such fraud."
A California man has been accused of running a scheme to prevent banks from foreclosing on properties.
Walter Bruce Harrell of Montara, Calif., has been indicted by a federal grand jury on charges of bankruptcy fraud and making false statements in bankruptcy proceedings, the Office of the Special Inspector General of the Troubled Asset Relief Program and the U.S. Attorney for the Northern District of California said Friday. Many of the creditors that were prevented from foreclosing were banks that had received Tarp funds, the special IG said.
Harrell's alleged scheme was a version of the so-called foreclosure-rescue scam, in which a troubled property owner hires someone who says he can forestall foreclosure proceedings.
Harrell's scheme involved transferring part of the interest in a foreclosed-on property to a third party, whom Harrell would then pay to file for bankruptcy, according to the indictment. The "automatic stay" clause in bankruptcy law would then halt foreclosure sales.
The indictment charges Harrell with running this scheme on six properties in 2011 and making false statements in two bankruptcy trials. The maximum penalty is five years in prison and a fine of $250,000.
A Tarp spokesman could not provide figures on the total number of properties involved in the scheme or the total value of the properties Harrell allegedly blocked from foreclosure. The FBI and the Alameda County police were also involved in the investigation, the spokesman said.
"Harrell is charged with exploiting Tarp banks and preying on vulnerable homeowners by promising to delay their foreclosures for a monthly fee," Christy Romero, the special IG, said in a news release.
"To obstruct creditors, including Tarp banks, from foreclosing on the homes, Harrell allegedly manipulated bankruptcy laws, making false statements and transferring interests in the properties to third parties whom he paid to file papers in court to hinder the foreclosure process," Romero said. "The exploitation of Tarp is unacceptable, and Sigtarp and our law enforcement partners will continue to pursue justice for such fraud."
On Mon, Feb 25, 2013 at 3:29 PM, Stephen Vokshori wrote:
>
>Finally, law enforcement in Northern California has taken action against one perpetrator involved with the bankruptcy hijacking fraud. A handful of my clients have been victimized by this recent problem so hopefully the AUSA>
>See: http://www.americanbanker.com/issues/17 ... 011-1.html.
>
>Thanks,
>Stephen
>
>N. Stephen Vokshori, Esq.>Managing Attorney
>213-986-4323 x100 (direct) | 310-881-6996 (fax)
>stephen@voklaw.com (email) | www.VokLaw.com (website)
>
>Vokshori Law Group
>1010Wilshire Boulevard|Suite1404|Los Angeles, CA90017
>CONFIDENTIAL COMMUNICATION
>This communication from Vokshori Law Group contains confidential information and may include privileged communication protected by the attorney-client and attorney-work product doctrines. The communication may additionally constitute confidential information subject to further disclosure restrictions by other doctrines. The unauthorized disclosure, copying, or other use and dissemination of this communication or any portions thereof is strictly prohibited and may be unlawful. This communication is to be read only by the intended recipients. If you have received this communication in error and/or are incorrectly designated as a recipient, please immediately notify Vokshori Law Group at info@voklaw.com and delete from your system all copies of the entire message including any documents attached thereto.
>
>Important notice required by Federal Law: Vokshori Law Group is a debt relief agency pursuant to Federal Law 524 of Title 11 of the US Code.under the United States Bankruptcy Code.
>
>For more information about Vokshori Law Group, visit www.voklaw.com or call (213) 986-4323.
>
>PPlease consider the environment before printing this message.
>
Attachment(s) from PHiLiP E. KOeBeL, Esq.
1 of 1 File(s)
California Man s Foreclosure Scam Targeted Tarp Banks_ Prosecutors - American Banker Article.pdf
The post was migrated from Yahoo.