Except...the notaries aren't involved, so don't waste your time folks. The hijackers are using a deed or other validly recorded document, and cutting and pasting BOTH the notary stamp and the recorder's stamp onto the bogus deed, and sending that to the foreclosure company on the morning of the sale with our client's BK notice. The notary, in all the cases I have, is just as much a victum of identity theft as the debtors. At least that's how it went down in both of my cases.
One fix here is to get some creditor to have some chutspah and upon confirming that the deed is bogus with debtor's counsel, pound the sale and evict the baddies. Most foreclosure companies will continue the sale only for a couple of weeks to begin with when they get notice of the BK. I'd like to see a creditor who has verified the hijacking just do nothing and sell the house at the next sale, making the whole thing nominally effective for the bad guys.
Jeff Smith
>
> If the notary is involved you should name him/her as the notary bond that can be collected upon to assist with your legal fees. It is $10,000 or $15,000 as i recall. Posting of the bond is a requirement to be a notary.
>
> Desiree Causey
> 714-375-6663
> Sent from my iPhone
>
> On Feb 7, 2012, at 5:39 PM, axel richter wrote:
>
> > ........just babbling into my beard below, I mean "mustache"....., not to be taking seriously,
> >
> > I am contemplating a full opposition to an MFR and to proclaim the Movant's shortcommoing in identifying the fraudulent claim with my clients bankruptcy case
> > and I will ask for Sanctions against the Movant for my fees, for the opposition,
> > I have a client in a 2007 ch13 case who's been Hijacked about 10 times, the Mortgage company is not doing their job by KNOWINGLY filing a MFR when they have been e-mailed that the Debtor has no stake in the
> > distressed property, they nevertheless file the MFR, Lender usually knows something is wrong, yet does not want to spent the expense to prosecute the property owner.
> > imagine the property owner who gets a civil law suit (lol, who's going to pay for this) filed against him for allegedly using someone elses bankruptcy case to prevent their foreclosure, this property owner
> > now needs to diclosure to whom he paid lots of money for using someone elses BK case, however
> > It's easier to let debtor's counsel do the work for the mortgage company without compensation.
> >
> > ....huh.. in babbling above about my frustration, WHAT IF.... under what legal principle could we get the property owner , who has hired someone to stall his foreclosure by using our client's bankruptcy case, subpoenaed into court, let him or her redfaced explain to the bankruptcy judge why he or she is stealing my client's identity, What is the FBI doing about this bankruptcy fraud?
> > The mortgage company has the name and address of the borrower, has the name of the notary public who signed of on purported identity, unless I (or you) try to get the Movant to produce these bodies
> > I guess I am (or you) will still be working pro bono for the Movant.
> >
> > axel
> >
> >
> >
> >
> >
> >
> > To: "
cdcbaa@yahoogroups.com"
> > Sent: Tuesday, February 7, 2012 6:52 PM
> > Subject: Re: [cdcbaa] IMPORTANT! ------ Bk Hijacking Issues
> >
> >
> > Good. I'm glad that the creditor's attorney doesn't have to do anything, e.g., provide a certified copy. I was beginning to worry.
> > Cameron
> >
> > Sent from my iPhone
> >
> > On Feb 7, 2012, at 4:08 PM, higginbothamlaw@... wrote:
> >
> >>
> >> Dear Colleagues!
> >>
> >> Due to the current rampant bankruptcy "hijacking" problem that is occurring within the Central District, where real property is "transferred" to your debtor without their knowledge, the Court wanted me to let our members know that if a RFS motion with a request for Extraordinary Relief is then filed against one of your debtors and your debtor(s) have no knowledge or interest in the real property, it STRONGLY recommends that you file a Response to the Motion (even if you do not plan to attend the hrg) providing evidence (a Declaration of the Debtor) of the fact that the debtor has no interest or knowledge of this transfer or of this real property. Based on the evidence provided, the Court will then attempt to modify the Extraordinary Relief request in order to make it explicit that theis specific debtor was not involved in the scheme to hinder, delay or defraud creditors.
> >>
> >>
> >>
> >> KEITH ALAN HIGGINBOTHAM
> >> 2012 cdcbaa President
> >>
> >> THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
> >> 255 S. Grand Avenue, Suite #2109
> >> Los Angeles, CA 90012-3045
> >> Phone: 213.620.0176
> >> Facsimile: 213.613.1200
> >>
> >> HigginbothamLaw@...
> >
> >
> >
>
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