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Reply-To: Craig J Beauchamp
X-Original-Return-Path: Craig J Beauchamp
To: cdcbaa@yahoogroups.com
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Dear Members, the best way to avoid this conflict is to file a motion w/o
hearing to allow debtors to enter into loan modification talks with the
lender. I've never had a judge deny that motion. It also alerts and
avoids any potential conflict with the Trustee later on.
Craig
Craig J. Beauchamp, Esq.
*Attorney at Law*
1352 Irvine Blvd, Suite 201
Tustin, CA 92780
*Mailing Address*
PO Box 25857
Santa Ana, CA 92799
(949) 689-9709 directline
(714) 835-5763 fax
Legallycraig@gmail.com
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept 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.
IMPORTANT NOTICE required by 11 U.S.C. 528: We are a debt relief agency.
We help people file for bankruptcy relief under the Bankruptcy Code.
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.
On Thu, Jan 26, 2017 at 8:11 AM, R Grace Rodriguez rgracelaw@gmail.com
[cdcbaa] wrote:
>
>
> Dear Members:
>
> I witness in court one of our esteemed bankruptcy court judges
> contemplating referral to discipline an attorney who submitted a Mortgage
> Declaration attesting that his client was making mortgage payments while at
> what I suspect the same time the attorney was working with the Debtor on
> loan modification application. How can you submit a declaration to the
> Court that your client is paying mortgage payments while you know they are
> working on loan modification and not submitting payments. Of course this
> is misconduct for the attorney to submit same while working on loan
> modification and that attorney has good reason to know that the client is
> not in fact making any payments.
>
> Now I can see how in a busy practice, where an innocent attorney working
> with paralegals or other staff would have clients sign mortgage declaration
> and having other staff working on a loan modification, and that the client
> just signs whatever the attorney puts in front without reading because they
> trust the attorney that they are supposed to sign. I can see that is
> probably how these circumstances came to pass. But I am letting you know
> what I saw so that you all can put the proper checks and balances in place
> to make sure your clients are not signing mortgage declarations with the
> left hand and then submitting a loan modification and not making payments
> with the right hand.
>
> That's all for now. Hopefully this was helpful to some people out there.
>
>
> R. Grace Rodriguez, Esq.
> Full service Real Estate Attorney &
> California State Bar
> Certified Bankruptcy Specialist
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
>
>
>
Dear Members, the best way to avoid this conflict is to file a motion w/o hearing to allow debtors to enter into loan modification talks with the lender. I've never had a judge deny that motion. on. CraigCraig J. Beauchamp, Esq.Attorney at Law1352 Irvine Blvd, Suite 201Tustin, CA 92780Mailing AddressPO Box 25857Santa Ana, CA 92799(949) 689-9709 directline(714) 835-5763faxLegallycraig@gmail.comNO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not acceptnotice forEx ParteLaw and give notice to a person in my office during regular business hours.IMPORTANT NOTICE required by 11 U.S.C. 528:We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.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.
On Thu, Jan 26, 2017 at 8:11 AM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
Mortgage Declarations and possible referral for Attorney Discipline
Dear Members:
I witness in court one of our esteemed bankruptcy court judges
contemplating referral to discipline an attorney who submitted a Mortgage
Declaration attesting that his client was making mortgage payments while at
what I suspect the same time the attorney was working with the Debtor on
loan modification application. How can you submit a declaration to the
Court that your client is paying mortgage payments while you know they are
working on loan modification and not submitting payments. Of course this
is misconduct for the attorney to submit same while working on loan
modification and that attorney has good reason to know that the client is
not in fact making any payments.
Now I can see how in a busy practice, where an innocent attorney working
with paralegals or other staff would have clients sign mortgage declaration
and having other staff working on a loan modification, and that the client
just signs whatever the attorney puts in front without reading because they
trust the attorney that they are supposed to sign. I can see that is
probably how these circumstances came to pass. But I am letting you know
what I saw so that you all can put the proper checks and balances in place
to make sure your clients are not signing mortgage declarations with the
left hand and then submitting a loan modification and not making payments
with the right hand.
That's all for now. Hopefully this was helpful to some people out there.
R. Grace Rodriguez, Esq.
Full service Real Estate Attorney &
California State Bar
Certified Bankruptcy Specialist
OFF: (818) 734-7223
CEL: (818) 554-9922
Dear Members:I witness in court one of our esteemed bankruptcy court judges contemplating referral to discipline an attorney who submitted a Mortgage Declaration attesting that his client was making mortgage payments while at what I suspect the same time the attorney was working with the Debtor on loan modification application. How can you submit a declaration to the Court that your client is paying mortgage payments while you know they are working on loan modification and not submitting payments. Of course this is misconduct for the attorney to submit same while working on loan modification and that attorney has good reason to know that the client is not in fact making any payments. Now I can see how in a busy practice, where an innocent attorney working with paralegals or other staff would have clients sign mortgage declaration and having other staff working on a loan modification, and that the client just signs whatever the attorney puts in front without reading because they trust the attorney that they are supposed to sign. I can see that is probably how these circumstances came to pass. But I am letting you know what I saw so that you all can put the proper checks and balances in place to make sure your clients are not signing mortgage declarations with the left hand and then submitting a loan modification and not making payments with the right hand.That's all for now. Hopefully this was helpful to some people out there.
The post was migrated from Yahoo.