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FALSE PROOF OF CLAIM - Any Damages owed to debtor....? MORE
THESE ARE THE DETAILS:
DATE: 01/12/2012
TO: BANK OF AMERICA, N.A.
FAX: (714) 277-4899
c/o ROUTH CRABTREE OLSEN, PS
Gisele Dorsey for
FAX: (818) 933-5755
Elizabeth Rojas, Chapter 13 Trustee
UNITED STATES TRUSTEE
FAX: (818) 716-1576
Attn: Margaux Ross
FROM: R. Grace Rodriguez
RE: Chapter 13 Case of SAMUEL G. & SHIELA V. ORTIZ
Case No. 9:11-bk-12222-RR
DEMAND FOR IMMEDIATE WITHDRAWAL OF CLAIM 9-1 on
behalf of
BANK OF AMERICA, N.A.
DEADLINE: Tuesday, January 17, 2012
*NOTICE OF BANKRUPTCY CASE HIJACKING*
Dear Sir or Madam:
Attached please find a copy of the proof of claim filed by your
office with regards to the above-referenced bankruptcy case. This claim is
on a loan given to a Thomas A. Titolo as Trustee of the Titolo Family Trust
for real property located at 9215 N. Forty Road, Atascadero, California
93422-6635. This letter will serve to advise you that the chapter 13
debtors have no relationship with anyone associated with this property, nor
have they been given any right, title or interest in said real
property. Unfortunately,
this is a case which is becoming all too frequent of what we term
But you dont just have to take my clients word for it. On the face of
the documents you filed supporting your clients proof of claim is a Grant
Deed purportedly giving an interest in the property to my clients. If you
will run the instrument number through title, you will discover that the
number is so illegible that one cannot discern if it is a validly recorded
instrument. It requires one to do a preliminary title search. Such a
title search is available to your firm for less than $5.00 a search. I
suspect you have free access to such information. It is unimaginable that
anyone at your office checked to see if this was a legitimate grant deed.
Secondly, attached hereto is the copy of the Property History from
Lawyers Title which I obtained. As you can see, nowhere in the history has
this Grant Deed ever been recorded. No one at your office bothered to
check the title history to see if this document even had been recorded as
well.
Thirdly, attached to the Proof of Claim you filed is the original Deed of
Trust which contains a signature of Thomas A. Titolo. If you compare the
signature of the Deed of Trust, to the grant deed, these signatures dont
bear even a minimally close resemblance.
Fourthly, attached hereto is my clients SCHEDULE A and SCHEDULE D. Your
client, nor this property are listed in this bankruptcy. This further
evidences the fact that my clients have never had an interest in your
property.
Lastly, this is a case where the Chapter 13 Plan had ALREADY BEEN CONFIRMED.
The claims bar date had already passed. Additionally, you did not file for
leave to file a late claim where I could have opposed it with a telephone
call.
I know I shouldnt call the kettle black, but it takes one to know one. This
is sloppy claims practices. In an era of bankruptcy hijacking it is
incumbent on a creditor who knows full well that these sort of last hour
grant deeds are suspect. At a minimum you should have verified at some
level that the grant deed was authentic.
Instead, you filed a Proof of Claim with FALSE declarations and FRAUDULENT
DOCUMENTS. This means that YOU are perpetuating the fraud that was
committed against your client and now perpetrating it upon these innocent
debtors. The HARM to these debtors is now they will have to pay me for
writing this letter, objecting to the claim, and DEFEND the Chapter 13
TRUSTEEs MOTION TO DISMISS their case because your late, fraudulent proof
of claim on behalf of Bank of America makes their plan INFEASIBLE!!!!
This should not be happening. Therefore on behalf of my clients and these
debtors I demand you go back and do your homework and withdraw the proof of
claim IMMEDIATELY. If it is not withdrawn by Tuesday morning then my
clients will have been harmed by having to pay me for the objection to the
claim and opposition to the Trustees motion to Dismiss and we will seek an
adversary complaint against your client for damages.
Please contact the Chapter 13, trustee, Elizabeth Rojas to inform her that
you are withdrawing the claim immediately. If the trustee refuses to
withdraw her motion to dismiss then I will have to take action against you
and your client. You have until Tuesday, January 17, 2012 to complete
these actions to avoid further legal action against you and your client.
THESE ARE THE DETAILS:DATE:
TO: OF AMERICA, N.A. (714) 277-4899
ROUTH CRABTREE OLSEN, PS
Dorsey for (818) 933-5755
Rojas, Chapter 13 Trustee
STATES TRUSTEEle> (818) 716-1576
oss
FROM: R.
Grace Rodriguez
RE: 13 Case of SAMUEL G. & SHIELA V. ORTIZ
No. 9:11-bk-12222-RR
FOR IMMEDIATE WITHDRAWAL OF CLAIM 9-1 on behalf of
OF AMERICA, N.A.
DEADLINE: Tuesday, January 17, 2012
NOTICE OF BANKRUPTCY CASE HIJACKING
Dear Sir or Madam:
Attached
please find a copy of the proof of claim filed by your office with regards to
the above-referenced bankruptcy case. This
claim is on a loan given to a Thomas A. Titolo as Trustee of the Titolo Family
Trust for real property located at 9215 N. Forty Road, Atascadero,
California 93422-6635. This letter will serve to advise you that the
chapter 13 debtors have no relationship with anyone associated with this
property, nor have they been given any right, title or interest in said real
property. Unfortunately, this is a case
which is becoming all too frequent of what we term Bankruptcy Hijacking.
But you dont just have to take my
clients word for it. On the face of the
documents you filed supporting your clients proof of claim is a Grant Deed
purportedly giving an interest in the property to my clients.title, you will discover that the number is so illegible that one cannot
discern if it is a validly recorded instrument.
It requires one to do a preliminary title search. Such a title search is available to your firm
for less than $5.00 a search. I suspect
you have free access to such information.
It is unimaginable that anyone at your office checked to see if this was
a legitimate grant deed.
Secondly, attached hereto is the
copy of the Property History from Lawyers Title which I obtained. As you can see, nowhere in the history has
this Grant Deed ever been recorded. No
one at your office bothered to check the title history to see if this document
even had been recorded as well.
Thirdly, attached to the Proof of
Claim you filed is the original Deed of Trust which contains a signature of
Thomas A. Titolo. If you compare the
signature of the Deed of Trust, to the grant deed, these signatures dont bear
even a minimally close resemblance.
Fourthly, attached hereto is my
clients SCHEDULE A and SCHEDULE D. Your
client, nor this property are listed in this bankruptcy. This further evidences the fact that my
clients have never had an interest in your property.
Lastly, this is a case where the
Chapter 13 Plan had ALREADY BEEN CONFIRMED.
The claims bar date had already passed.
Additionally, you did not file for leave to file a late claim where I
could have opposed it with a telephone call.
I know I shouldnt call the kettle
black, but it takes one to know one.
This is sloppy claims practices.
In an era of bankruptcy hijacking it is incumbent on a creditor who
knows full well that these sort of last hour grant deeds are suspect. At a minimum you should have verified at some
level that the grant deed was authentic.
Instead, you filed a Proof of Claim
with FALSE declarations and FRAUDULENT DOCUMENTS. This means that YOU are perpetuating the
fraud that was committed against your client and now perpetrating it upon these
innocent debtors. The HARM to these
debtors is now they will have to pay me for writing this letter, objecting to
the claim, and DEFEND the Chapter 13 TRUSTEEs MOTION TO DISMISS their case
because your late, fraudulent proof of claim on behalf of Bank of America makes
their plan INFEASIBLE!!!!
This should not be happening. Therefore on behalf of my clients and these
debtors I demand you go back and do your homework and withdraw the proof of
claim IMMEDIATELY. If it is not withdrawn
by Tuesday morning then my clients will have been harmed by having to pay me
for the objection to the claim and opposition to the Trustees motion to
Dismiss and we will seek an adversary complaint against your client for
damages.
Please contact the Chapter 13,
trustee, Elizabeth Rojas to inform her that you are withdrawing the claim
immediately. If the trustee refuses to
withdraw her motion to dismiss then I will have to take action against you and
your client. You have until Tuesday,
January 17, 2012 to complete these actions to avoid further legal action
against you and your client.
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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.
Dear Members:You have to see this case to believe it. out 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.