Bankruptcy

BEING HARASSED FOR DEBTS MORE THAN 4 YEARS OLD..... DEBT IS UNCOLLECTABLE UNLESS YOU ENTER FOOLISHLY INTO A PAYMENT PLAN AND MAKE A PAYMENT.

Posted on March 29, 2011
Dear Readers:Not long ago I had a collector calling me regarding an old AT&T bill.  Wanted to make a deal with me to settle for HALF of what I owed.  I asked him home much I owed and he said like $400.00 but would settle for $200.00.......

FREE LOAN MODIFICATION ADVICE AND HOW NOT TO HAVE YOUR HOUSE SOLD IN FORECLOSURE

Posted on March 24, 2011
IF YOU ARE TRYING TO GET A LOAN MODIFICATION:1.    SIGN UP WITH NACA AND LET THEM MAKE THE INTRODUCTION TO YOUR LENDER.  SEE WHAT THEY ADVISE FIRST.  THEN FILL OUT ALL OF THE INFORMATION REQUESTED BY YOUR LENDER.2.    SEND ALL OF THE INFORMATION IN A MANNER THAT WILL RESULT IN WRITTEN CONFIRMATION THAT IT WAS RECEIVED...

CONTACT YOUR REPRESENTATIVE AND DEMAND HYBRID CRAM-DOWN NOW

Posted on March 11, 2011
I am a Bankruptcy Attorney here in the Valley.  I wanted to see if anyone would listen to a proposal I have about mortgage-cram down that could work in Chapter 13 Bankruptcy.  Let people pay their mortgages at fair interest rate based on what the property is worth during the five years in which the homeowner is in bankruptcy...

Word to the wise about LAM STIPULATIONS..... __CDCBAA__ X Reply | R Grace Rodriguez to cdcbaa show details 8:39 AM (0 minutes ago) Dear Friends: Okay I really goofed and now I have to go back to court and clean up the mess. But let me share an experience I had with Virtual Bank so that the rest of you don't make my mistake. I filed a Lien Avoidance Motion before Judge Ahart. Two weeks before the hearing, the lender contact me to do a Stipulation. I said sure send it over and let me look at it. They sent it over and it looked pretty standard and I had intended to sign it. Things got busy.. . . 3 days before the hearing, Virtual Bank calls. I apologize that I hadn't gotten to it yet but I would do it in that moment. I open up the document and it doesn't look right to me. Something is wrong with this Stipulation and I just couldn't put my finger on it. But I called Virtual Bank and told them that the Tentative ruling had already come out and that I wasn't going to sign the stipulation. They said they would come to the hearing to oppose the motion. We ended the call. At the hearing, my appearance counsel shows up. The matter is called, she sits back to see if there is any opposition. BUT NO ONE SHOWED UP TO OPPOSE. The court granted the motion. Apparently appearance counsel shows up sometime later and I absolutely don't have any idea how it is that the appearance counsel was able to do this, but he had the motion recalled, the case was continued so a stipulation could be filed. I'm assuming that appearance counsel made some representations about the Stipulation to cause this to happen. However, I can't imagine what representations other than perhaps that I was amenable to a Stipulation, which was false. In any case the hearing was continued. I imagine the principal fed the appearance counsel untruths. Appearance counsel called my office, and my trusted assistant said appearance counsel made an actual threat against me and my practice if I don't call him to fix the stipulation. Now out of respect (a respect which is now lost) I talked to appearance counsel about the stipulation, and how it was pretty standard not to worry, and to facilitate matters, I finally agreed to stupidly sign the stipulation. It got filed. THREE MONTHS LATER....... Now the client is getting letters from the lender that the Stipulation says nothing about them trying to collect money on the loan even though the lien was avoided. DOH!!!! Now I will have to go back to court and bring the motion again to clarify this point. I spoke with the lender. and they say they are even going to sue the clients in violation of the terms of the Chapter 13 Plan to try to get money back. So if any of you have some ideas for me how to rectify this so Virtual Bank will leave the client alone. SO LESSON TO ALL: Read your stipulations carefully to make sure they include this valuable term. I ALSO: YOU WILL PAY FOR YOUR LACK OF EXPERIENCE..... but maybe my experience can lessen the burden for some of you newer attorneys. Have fun out there y'all. -- 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. Reply Forward Your message has been sent. Reply | R Grace Rodriguez to Peggi show details 8:39 AM (0 minutes ago) - Show quoted text - ---------- Forwarded message ---------- From: R Grace Rodriguez Date: Wed, Mar 9, 2011 at 8:39 AM Subject: Word to the wise about LAM STIPULATIONS..... To: cdcbaa@yahoogroups.com Dear Friends: Okay I really goofed and now I have to go back to court and clean up the mess. But let me share an experience I had with Virtual Bank so that the rest of you don't make my mistake. I filed a Lien Avoidance Motion before Judge Ahart. Two weeks before the hearing, the lender contact me to do a Stipulation. I said sure send it over and let me look at it. They sent it over and it looked pretty standard and I had intended to sign it. Things got busy.. . . 3 days before the hearing, Virtual Bank calls. I apologize that I hadn't gotten to it yet but I would do it in that moment. I open up the document and it doesn't look right to me. Something is wrong with this Stipulation and I just couldn't put my finger on it. But I called Virtual Bank and told them that the Tentative ruling had already come out and that I wasn't going to sign the stipulation. They said they would come to the hearing to oppose the motion. We ended the call. At the hearing, my appearance counsel shows up. The matter is called, she sits back to see if there is any opposition. BUT NO ONE SHOWED UP TO OPPOSE. The court granted the motion. Apparently appearance counsel shows up sometime later and I absolutely don't have any idea how it is that the appearance counsel was able to do this, but he had the motion recalled, the case was continued so a stipulation could be filed. I'm assuming that appearance counsel made some representations about the Stipulation to cause this to happen. However, I can't imagine what representations other than perhaps that I was amenable to a Stipulation, which was false. In any case the hearing was continued. I imagine the principal fed the appearance counsel untruths. Appearance counsel called my office, and my trusted assistant said appearance counsel made an actual threat against me and my practice if I don't call him to fix the stipulation. Now out of respect (a respect which is now lost) I talked to appearance counsel about the stipulation, and how it was pretty standard not to worry, and to facilitate matters, I finally agreed to stupidly sign the stipulation. It got filed. THREE MONTHS LATER....... Now the client is getting letters from the lender that the Stipulation says nothing about them trying to collect money on the loan even though the lien was avoided. DOH!!!! Now I will have to go back to court and bring the motion again to clarify this point. I spoke with the lender. and they say they are even going to sue the clients in violation of the terms of the Chapter 13 Plan to try to get money back. So if any of you have some ideas for me how to rectify this so Virtual Bank will leave the client alone. SO LESSON TO ALL: Read your stipulations carefully to make sure they include this valuable term. I ALSO: YOU WILL PAY FOR YOUR LACK OF EXPERIENCE..... but maybe my experience can lessen the burden for some of you newer attorneys. Have fun out there y'all. -- 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. -- 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. Reply Forward We collect your judgment - Experienced judgment collectors Ad $0 upfront, free consultation! www.Enforcementsetc.com

Posted on March 09, 2011
Dear Friends:Okay I really goofed and now I have to go back to court and clean up the mess.  But let me share an experience I had with Virtual Bank so that the rest of you don't make my mistake.I filed a Lien Avoidance Motion before Judge Ahart...

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Stop Creditor Harassment. . . . at least for a little while. . .

Posted on March 08, 2011
Dear Readers:  It has been a very busy time for my office.  But I ran across this tid-bit i wanted to share with all of you.  Credit card companies are notorious about auto-dialers.  They will call you until they finally get to talk to someone...

Debt Limits for Filing Chapter 13 Bankruptcy

Posted on January 17, 2011
28, USC, 109(e) Only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $360,4752 and noncontingent, liquidated, secured debts of less than $1,081,4002, or an individual with regular income and such individual's spouse, except a stockbroker or a commodity broker, that owe, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts that aggregate less than $360,4752 and noncontingent, liquidated, secured debts of less than $1,081,4002 may be a debtor under chapter 13 of this title.

What to do if you seriously want a loan modification.

Posted on January 14, 2011
IF YOU ARE TRYING TO GET A LOAN MODIFICATION:1.    FILL OUT ALL OF THE INFORMATION REQUESTED BY YOUR LENDER.2.    SEND ALL OF THE INFORMATION IN A MANNER THAT WILL RESULT IN WRITTEN CONFIRMATION THAT IT WAS RECEIVED.  PREFERRABLY BY FAX, OR E-MAIL OR BY CERTIFIED MAIL, OR OVERNIGHT MAIL, OR DIRECT DELIVERY WITH A SIGNATURE RECEIPT BY THE LENDER IF THEY HAVE A FORECLOSURE CENTER...

AND MORE NEWS FROM CALIFORNIA LOAN MODS

Posted on January 12, 2011
State plan to help homeowners facing foreclosure kicks offBy Pete Careypcarey@mercurynews.comPosted: 01/11/2011 05:50:26 PM PSTUpdated: 01/11/2011 08:08:41 PM PSTSpecial SectionNews, resources about the California budgetA state plan to help homeowners facing the threat of foreclosure kicked off this week, with the California Housing Finance Agency taking applications on a toll-free phone line...

BANK OF AMERICA - SAVE THE DREAM TOUR

Posted on January 11, 2011
ATTENTION BANK OF AMERICA HOMEOWNERS!!!!!!!!On January 20, 2011 through the 30th, Bank of America's "Save The Dream Tour" will be at the Los Angeles Sports Arena from 9:00 a.m. to 8:00 p.m., located at 3909 South Figueroa Street, Los Angeles, CA.I have recommended to my clients to go there the day before and get in line the night before and CAMP OUT...

http://www.knowyouroptions.com/

Posted on January 06, 2011
http://www.knowyouroptions.com/

Bank of America loses to homeowner in small claims court

Posted on January 06, 2011
Bank of America loses to homeowner in small claims court

MORE BAD FAITH AND CRAP FROM AURORA LOAN SERVICING

Posted on January 03, 2011
Dear Readers:Today, my client got a letter that her loan payment on her home was going to double.  Her rate is 8% for the first five years, which then drops to 2.25% over the H.15 Constant maturity 1-Year Rate established by the US Treasury which is currently ...

VERY BAD NEWS for Homeowners with BANK OF AMERICA (BAC) LOANS facing FORECLOSURE

Posted on December 10, 2010
Dear Readers:Today, Barbara Desoer, president of Bank of America announced that the moratorium on foreclosures by Bank of America is at an end.  She stated that in the month of December Bank of America intends to foreclose on 16,000 homes within the next ten days...

ATTENTION: All Wells Fargo and Wachovia borrowers!!!! Dec. 8 & 9, Ontario Convention Center LOAN MODIFICATION WORKSHOP

Posted on December 02, 2010
Dear Readers:If you have a Wells Fargo or Wachovia Loan, your lender will be hosting a free workshop for Wells Fargo Home Mortgage, Wells Fargo Financial, Wachovia Mortgage and Wells Fargo Home Equity customers facing financial hardships...

Bank of America headed for Trouble ... or are they???

Posted on November 18, 2010
Dear Readers:          I have a client who works at Bank of America who saw a memo posted around the loan modification department that while loan modifications continue to be processed, they will no longer be continuing foreclosure sales in California...

HELP from FANNIE MAE coming to LOS ANGELES - Even if you have already been turned down!

Posted on November 12, 2010
Dear Readers: If you are struggling to get your loan modified and your loan is owned by Fannie Mae help for you may have arrived if you live in the Los Angeles Area.  Go to this link to find out if Fannie Mae has your loan:  www.fanniemae...

AUTO DIALER and HARASSING PHONE CALLS FROM CREDITORS - When is it Harassment

Posted on September 16, 2010
Feeling powerless when it comes to your creditors calling you on the phone at home at work or on your cell phone?  Have they called your friends or family members and embarrassed you? The only way they are going to stop is if we all band together, know our rights, and fight back!Under the Telephone Consumer Protection Act it is illegal to use an autodialer in certain instances...

George Nicoletti Intends to Capitalize on Mabry v. Aurora Loan Services

Posted on July 07, 2010
Dear Readers: My good friend and brother in Christ George Nicoletti a well-respected Real Estate Attorney, Litigator and Counselor at Law had some interesting commentary regarding the Mabry v. Aurora Loan Services case which he included in a demurrer in a case which involved a failure by a lender to contact client regarding loan modification prior to proceeding with a notice of default...

AURORA LOAN SERVICE LOSES ANOTHER ONE - - but not all good news. . .

Posted on July 07, 2010
Dear Friends:Just wanted to tell you about this case that was recently decided against Aurora Loan Services.  Essentially what it means is that you can sue your lender if they fail to contact you regarding foreclosure avoidance before filing a Notice of Default...

Can I Be Discriminated Against by an Employer Because I Filed Bankruptcy

Posted on June 16, 2010
I could happen if you are in the military or require security clearances for your employment.  Since 2007, the Defense Office of Hearing and Appeals (DOHA) showed approximately a 50 percent rate of denials.  This is two times more than any other security clearance denial...

The Automatic Stay In Bankruptcy, LITTON, MERS, GE MONEY BANK Interesting case in Massachusetts

Posted on June 01, 2010
IN RE MORENOIn re: SIMEON MORENO, Chapter 13, DebtorCase No. 08-17715-FJB.United States Bankruptcy Court, D. Massachusetts, Eastern Division.May 24, 2010.MEMORANDUM OF DECISION ON MOTION OF PROPERTY ASSET MANAGEMENT, INC. FOR RELIEF FROM THE AUTOMATIC STAYFRANK J...

Who is Sleeping with Who? Aurora, Litton, and Saxon oh my!

Posted on June 01, 2010
Dear Readers:  In case you haven't heard Barclays Bank PLC announced today that it is selling HomEq it's loan servicing arm to Ocwen Loan Servicing.  Did you know that HomEq was the loan servicing arm of The Money Store.  Barclay's acquired HomEq in 2006...

CONTRACTOR FRIENDS - IMPORTANT CASE REGARDING B&P 7031 Violations

Posted on June 01, 2010
An unlicensed contractor charged with violations under B&P Code 7031(b) are discharged in a very limited set of circumstances.  There must be a finding of no damages under 7061.TAKE A LOOK AT THE CASE & FINDINGS:Ghomeshi v. Sabban (In re Sabban), --- F...

IF YOU HAVE A LOAN WITH CHASE BANK

Posted on May 11, 2010
Here is a press release I received from Chase Bank a couple of days ago: May 5, 2010Chase plans multi-day, foreclosure-prevention events in eight markets to help struggling homeowners Chase builds on success of one-on-one help for 3,200 customers in Florida Events complement 51 Chase Homeownership Centers NEW YORK,  May 5, 2010 - Building on its success in helping Florida homeowners, Chase today announced that it will host multi-day Homeowner Assistance Events exclusively for struggling Chase homeowners in eight major U...

AURORA LOAN SERVICE WINS BUT WILL ULTIMATELY LOSE: THE BREACH OF A LOAN MODIFICATION CONTRACT IS NOT A BASIS TO DECLARE A FORECLOSURE WRONGFUL

Posted on May 05, 2010
On behalf of a nameless client I filed a lawsuit against Aurora Loan.  The facts are as follows.  Client was offered a trial loan modification.  While the client was making the payments in the trial period, without any warning, Aurora sold the property in a foreclosure sale...

DISCHARGING INCOME TAXES IN BANKRUPTCY

Posted on May 04, 2010
Eliminating Tax Debts in Bankruptcy You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true:The taxes are income taxes. Taxes other than income, such as payroll taxes or fraud penalties, can never be eliminated in bankruptcy...

WELLS FARGO IS RUTHLESS AS IT TRIES TO TAKE ADVANTAGE OF HOMEOWNER IN BANKRUPTCY

Posted on April 29, 2010
Hi Everyone:I came upon this case today that I thought would make for informative reading.  Wells Fargo knew that there had been a mistake on a stipulation regarding a relief from stay action.  The property in the motion was identified as the one the borrowers wanted to live in...

Ongoing Saga of Bank of America Loan Modification - Part II of "Bring Me A Unicorn and We Will be Happy to Give You a Loan Modification Mr. Smith"

Posted on April 26, 2010
So after 45 minutes on the phone to Bank of America . . . .   The New Payment under the terms of the loan modification will be $2,914.46 which is down from $3,000.00.  This represents a $2,146.18 Principle & Interest Payment on the New Balance (Arrears tied into the back of the loan) and $768...

BANK OF AMERICA HOMEOWNER DEATH SENTENCE

Posted on April 25, 2010
Hooray!  I finally got my own loan modification from Bank of America.  They agreed to roll my arrears into the back end of the loan.  They reduced the interest rate from 6.25% to 5.50%  The old payment was approximately $3,000.00 per month based on a $353,000 balance...

Bank of America Hog-Ties Homeowner Looking for Loan Modification Virtually Guaranteeing Borrower Will Lose the Home in Foreclosure - Another example of "I would love to give you a loan modification Mr. Smith. Just bring in a unicorn to our office and we will be happy to accommodate you!"

Posted on April 25, 2010
Just in this morning. . . . Client calls me crying on the phone.  Her husband suffered a small heart attack when he received the proposed loan modification from Bank of America.  He just so happened to have received the same loan modification paperwork that I received...

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