Monday, September 9, 2013

A letter I received

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

No comments:

Post a Comment