Central District Consumer Bankruptcy Attorney's Association

Dear Members:
By now many of you know that there are criminal elements about that
1. search on PACER for your client's bankruptcy and then
2. manufacture dummy grant deeds which may or may not be recorded
3. Putting the property in the name of your client without your clients'
knowledge
3. Doing this for the people they are representing (and often times
unknown to these same people
4. Submit the proof of bankruptcy filing of your client along with a
purported grant deed to stop a foreclosure sale.
It seems Judge Tighe likes my characterization and naming of this
process "*BANKRUPTCY
HIJACKING*."
There is an abundance of problems for your clients if you simply ignore the
relief from stay motion.
1. Taints your client's bankruptcy with a MFR such that if your clients'
case gets dismissed it could be with a 180 day bar. SO you your clients
are forced to say something to either oppose the motion or at least show up
to make sure that there is no FINDING OF BAD FAITH!!!! Even though our
retainers usually don't require us to defend relief from stay, I feel some
obligation to do something so your clients are not prejudiced by the MFR.
I have seen one case where the judge dismissed case with a 180 day bar. In
this case the client's bankruptcy had been hijacked 3 times!!!!
2. Also, if you don't do anything, then the homeowners who may not even
know that their "representative" is filing these fraudulent claims may
receive an IN REM order. THIS MEANS that if they go to file their
bankruptcy themselves, the property could be sold anyway. I had this
happen to one of my clients. Before coming to see me they hired a company
in Irvine.... (why are they always in Irvine?) to do loan modification and
to stop a foreclosure. Unbeknownst to them, a fake deed was created and
given to the Trustee and stops the foreclosure sale. Downtown Judge issues
an IN REM order that MY CLIENTS know nothing about because they are not the
debtors in that bankruptcy case. They never hear anything about. After
the IN REM order is granted, the "Loan Mod" people call my client (Before
they were my client) to tell them they can't get a modification and that
the house is going to sale in a couple of days. Client picks me out of
phone book. We file emergency 13. House sells two days later. I have
proof of giving notice..... etc.....I send letter asking not to record the
Trustee's Notice of Sale because there is bankruptcy in place. I get back
this nice IN REM order from downtown judge. Of course my deaf & Mute and I
mean that literally tell me via text that they know nothing about any deed
being given to anyone. After months of fighting with the lender we got the
property back, but ONLY because the lender "felt like it." Worse would
have been had the property been sold to third party. NOW the tenant at the
property hasn't been paying and doesn't want to because doesn't feel
secure. SO NOW no money in budget to pay for the house temporarily lost.
GEESH.... Horrible outcome for these debtors because of the criminal
element of 3rd party.
How do we work together to fix this problem. This only gives me more
questions. Maybe you all can help?
1. I was thinking that maybe have your debtor go down to court on hearing
date and tell the court they have no involvement and not to give a finding
of bad faith?
2. File an opposition but charge client to do it when its really not their
fault it happened? I hate to cost client money because of crime they
didn't commit.
Oppose the orders on the grounds that the court lacks jurisdiction over
real estate that is not in Debtor's Schedule "A" and the creditor is not
listed on Schedule "D" and that the deed is fake? What happens when deed
is not fake and it really got recorded. I had one of those this week.
3. Can we as CDCBAA send message to Creditor BAR to at LEAST CALL us for a
stipulation.
4. Can we get the Court to do a local rule streamline process of STIP &
ORDER for Bankruptcy Hijacking cases? Maybe include something where the
Creditor has to give notice MAILED at least to the address of the property
directed to the granting homeowner in case they are not even aware of the
fraud?
5. How do we educate public?
What say all of you?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
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Dear Members:By now many of you know that there are criminal elements about that 1. search on PACER for your client's bankruptcy and then 2. manufacture dummy grant deeds which may or may not be recorded
3. Putting the property in the name of your client without your clients' knowledge3. Doing this for the people they are representing (and often times unknown to these same people4. Submit the proof of bankruptcy filing of your client along with a purported grant deed to stop a foreclosure sale.
It seems Judge Tighe likes my characterization and naming of this process "BANKRUPTCY HIJACKING." There is an abundance of problems for your clients if you simply ignore the relief from stay motion.
1. Taints your client's bankruptcy with a MFR such that if your clients' case gets dismissed it could be with a 180 day bar. SO you your clients are forced to say something to either oppose the motion or at least show up to make sure that there is no FINDING OF BAD FAITH!!!! Even though our retainers usually don't require us to defend relief from stay, I feel some obligation to do something so your clients are not prejudiced by the MFR. I have seen one case where the judge dismissed case with a 180 day bar. In this case the client's bankruptcy had been hijacked 3 times!!!!
2. Also, if you don't do anything, then the homeowners who may not even know that their "representative" is filing these fraudulent claims may receive an IN REM order. THIS MEANS that if they go to file their bankruptcy themselves, the property could be sold anyway. I had this happen to one of my clients. Before coming to see me they hired a company in Irvine.... (why are they always in Irvine?) to do loan modification and to stop a foreclosure. Unbeknownst to them, a fake deed was created and given to the Trustee and stops the foreclosure sale. Downtown Judge issues an IN REM order that MY CLIENTS know nothing about because they are not the debtors in that bankruptcy case. They never hear anything about. After the IN REM order is granted, the "Loan Mod" people call my client (Before they were my client) to tell them they can't get a modification and that the house is going to sale in a couple of days.lls two days later. I have proof of giving notice..... etc.....I send letter asking not to record the Trustee's Notice of Sale because there is bankruptcy in place. I get back this nice IN REM order from downtown judge. Of course my deaf & Mute and I mean that literally tell me via text that they know nothing about any deed being given to anyone. After months of fighting with the lender we got the property back, but ONLY because the lender "felt like it." Worse would have been had the property been sold to third party. NOW the tenant at the property hasn&
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