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IMPORTANT! ------ Bk Hijacking Issues

Posted: Wed Feb 08, 2012 3:31 pm
by Yahoo Bot

Makes sense, finally! A great, Cliffs-Note version of the mechanics.

The post was migrated from Yahoo.

IMPORTANT! ------ Bk Hijacking Issues

Posted: Wed Feb 08, 2012 1:46 pm
by Yahoo Bot

The Hijacking is worse than you suppose.
In one case I'm involved in, where my client's Ch13 has been hijacked
3 times, on the third time it was not the property owner. I suspect
it's one of the other parties to a short sale in which the owner was
involved.
The mechanics of the hijacking and why we ad Debtors' Counsel are
burdened with this plague:
1. a random deed is downloaded from the county recorder's database
(through access to a title company or a service like Dataquick.
2. The original information on the deed is photoshopped out, and
the fraudulent information is photosshopped in---leaving the original
county recorder's filing imprint, and the notary stamp.
3. This is then presented to the foreclosure trustee as evidence to
stop the sale.
4. Where the fault lies is that neither the Lender, nor the Title
Officer of the title company guaranteeing the trustee's sale does what
he/she/it ought to do.
5. What the Bank/T.O. OUGHT to do is take the instrument number of
the deed and look it up. This is very easy to do with either the
Ticor or the other major database. Then it would be easy to determine
if the document was genuine. And if the document was not genuine,
reject the deed and complete the foreclosure.
6. Instead, the Bank/T.O. just ASSUMES the correctness of the false
deed and then contacts Debtor's Counsel; now this pile of doodoo
becomes the Debtor's Counsel's problem, and must almost be handled
unpaid.
7. Compounding the crime, Counsel for the Lender, often files its
MFRS with the false deed, a patent violation of Rule 9011. Even after
being advised by Debtor's Counsel with evidence that the false deed is
in fact patently false.
8. So the bankruptcy system is burdened by (1) the laziness and/or
cowardice of the lender and/or title company, not to mention their
counsel who file these baseless MFRS documents.
9. In fact, counsel for one lender admitted that 30% of the deeds
used as a basis for these MFRSes were fraudulent.
So my policy now, when informed of this issue:
10. I demand a copy of the false deed.
11. I obtain a copy of the REAL deed from my friendly title company
(or their database)
12. I send a copy of the REAL deed to Debtor's counsel and advise
counsel that the introduction of a document known to be false is a
violation of FRBP 9011, and that if such a baseless MFRS is brought,
not only will I oppose it on these grounds, but that I will send the
required post-MFRS letter and pursue Rule 11 sanctions.
13. It is my belief that this policy will cause Lenders and Title
Companies---and their counsel to scrooch up their courage and ignore
these false deeds, once they have proven to be false.
Gerald McNally
McNally Bus Card Smaller
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
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The post was migrated from Yahoo.

IMPORTANT! ------ Bk Hijacking Issues

Posted: Wed Feb 08, 2012 12:14 pm
by Yahoo Bot

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@...
> >
> >
> >
>

The post was migrated from Yahoo.

IMPORTANT! ------ Bk Hijacking Issues

Posted: Tue Feb 07, 2012 7:35 pm
by Yahoo Bot

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@aol.com 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@aol.com
>
>
>
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 Causey714-375-6663Sent from my iPhoneOn Feb 7, 2012, at 5:39 PM, axel richter <arichterlaw@yahoo.com> wrote:


The post was migrated from Yahoo.

IMPORTANT! ------ Bk Hijacking Issues

Posted: Tue Feb 07, 2012 4:52 pm
by Yahoo Bot

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@aol.com 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@aol.com
>
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. CameronSent from my iPhoneOn Feb 7, 2012, at 4:08 PM, higginbothamlaw@aol.com 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@aol.com

The post was migrated from Yahoo.

IMPORTANT! ------ Bk Hijacking Issues

Posted: Tue Feb 07, 2012 4:08 pm
by Yahoo Bot

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@aol.com
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@aol.com

The post was migrated from Yahoo.