Hi Deborah FYI....RE-BROADCAST....Just in case you missed it! Wanted to give you a quick update on my case, and more suggestions. 1) Thinking I was on vacation, US Bank moved to reopen my bankruptcy alleging fraud. Now why would they do that? Two reasons. To state I am a fraud in court. But most importantly, under Chapter 7, the TRUSTEE can take control of the settlement negotiations. I OPPOSED from Yosemite & have a hearing 9/24/13. So, what to do? a. First, OPPOSE the motion. Should this happen to you, let me know, I'll give you my response which I paid for help on. (Can't attach here most emails won't go through.) b. You MUST oppose or they will call you a fraud in court. Besides, if you didn't do it, don't accept that. c. Next, if your debt is older than a certain amount of time, it is TIME BARRED and can never be collected. This is contract law. I am in CA, that is 4 years. (It is paused during BK proceedings.) So, there is nothing left for the Trustee to do. d. Lastly - IF your case should be reopened, if you CONVERT to Chapter 13, you are now in control of the lawsuit & settlement terms again. Especially if your debt is time barred, then this should not even impact you. 2) Next - in opposing this motion, I did two things EVERYONE should do IMMEDIATELY whether you have lost your home or are fighting to keep it. (I lost mine 5 years ago to US Bank's illegal sale.) a.Run a "Realist" property report on your home. This includes comps, but it also includes ALL LOANS AGAINST YOUR PROPERTY. This is ESSENTIAL to see what really happened. b. Then, go to the County Records office and get ALL RECORDED RECORDS ON YOUR PROPERTY AND ALL BACKUP RECORDS in the file. This may not be easy. In my county, you can't search by property. So, you need to start with your name (or the title holder), then search on each transfer to find the entire picture. THIS CAN BE VERY REVEALING ON WHAT REALLY HAPPENED WITH YOUR HOME, FORECLOSURE, AND/OR SALE. In some places you can search free, others you have to pay. 3) Last, when you see something fishy, GET A CERTIFIED COPY of that recorded document. This allows it to be admissible in court. 4) Be aware, Glaski V Bank of America got upheld in their appeal and PUBLISHED in CA. This means if your home was placed into the trust after 90 days, THEY DO NOT OWN IT AND CANNOT FORECLOSE ON YOU. It is VOID not voidable. There were also issues of "Robosigning" by a VP, and it was ruled if the person is fabricated their signature is invalid. (Crazy it would take a lawsuit for this obvious thing.) You can sue for both these. CHECK TO SEE IF YOUR LOAN WAS PLACED INTO A TRUST, THE DATE THE TRUST STARTED, AND WHEN YOURS WAS PLACED. You will likely have to sue to retain your rights, but try to write a letter first citing Glaski V Bank of America. Keep trudging on. We are starting to win. :) Warmly, Pam
Monday, September 9, 2013
A letter I received
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