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    Trustee Rents Property Out?????

    Recently my neighbors went thru bankruptcy, they too had their home seized by the Trustee for an un-perfected title.......

    They have been discharged, but the case is not closed............. and the homeowners have relocated back to another state. So the home has been empty.

    The Trustee has notified the creditors that they need to file their claim for the assets...... but nothing is settled, nor has home been auctioned, sold, nor has creditors been paid yet.

    Strange happenings going on here.........................

    Case is not closed, claims have not been settled, YET SOMEONE JUST MOVED INTO THE HOME............RENTERS!!!! Some relation to the Trustee or the auctioneer!!!!

    So is the Trustee renting out the property??????????????

    Is the Trustee not supposed to be in control of this asset???? If so, is he making the "rent money"???? Since when does a Trustee rent out property till its auctioned off????

    The reason I really looked into this was because I knew the home had never been auctioned, I knew the case had never been closed, yet a "renter" moved in about 2 months ago..... Is she a potential buyer (before auction)??? I kind of doubt it......

    The renter has turned out to be a "bad situation"................female, 2 kids, husband overseas, very large dogs running loose, and a "party-down" girl.......

    Neighbors have already had run-ins because of outside partying (midnight-2 am Mon-Fri), wheelee's in the cul-ti-sac, and lots of drinking and yelling, and using the road as a drag strip. Also her children have been kicking other neighborhood dogs who are tied up.....

    Since I knew the home was still under bankruptcy, I was trying to find out who rented to her....... and put a stop to the foolishness....
    People are filling up with gas and its gone the next morning.....DUH.......

    Now where to go from here??? Guess the neighbors will start dialing the "law" everytime they decide to "break loose" over there..... and its getting to be about every other night now.....

    Don't mis-understand me, my neighbors and myself all have parties.......office parties, cook outs, etc.......(some have even lasted till 4 in the morning), but we don't distrub the whole neighborhood.....drunk and dis-orderly....running our cars thru other peoples yards doing wheelee's....

    Some of the neighbors have talked to her, warned her, and she just flips them off............. Wonder who she thinks she knows that's "so special"???

    But what really surprised me that the home was rented out while in the bankruptcy process???? Is that even allowed???? What if the homeowner was still living there, could the Trustee "throw them out" to rent to someone else???

    Odd situation, will add info to this as I find some answers......to who, when, why, and where........

    Minny
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    #2
    WOW - UNBELIEVABLE! Your trustee is beyond crooked, Minny. If you have verifiable proof that the trustee "rented" out a house to a family member or acquaintance that is part of an active case, I'm sure the U.S. Trustee would be VERY interested in hearing all about it! Keep us posted on what you find out, ok?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      WELL, SOMEBODY RENTED IT OUT...... and the Trustee is still in control of the estate and property according to court records.......

      My question is does the Trustee have the "right" to rent out the property?? He may since he controls the assets!!!

      But too me that would be a conflict of interest if he's related to the rentor??? Right!!

      If that's the case then I'm going to call a Trustee and "raise HELL over his tenant!!! Either "shut them up" or "move them out"...........

      Ours is a peaceful neighborhood and we plan on keeping it that way..... HER MONEY may come in the mail...............everybody else around here works for a living...........up at 4 and 5 am.

      By the way, he was also my dirty Trustee......................

      Interesting, huh?
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment


        #4
        Wish there was some way to find out how many cases in my county were Chapter 7 with "unperfected title" where people lost their home??? Have found 4 in my neighborhood just by asking questions about their bankruptcy. All thru the same title company (just different banks).......

        Most just cut their losses and let them take it..... and moved away.

        I'm the only one that bought my property back.

        I know there are a lot of autos "seized" because of the titles, but I was told homes were rare...... evidently "not too rare"..........

        How many homes have they "seized, sold, split the money, and laughed about it" in our county??

        Back to my research....................
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          Originally posted by Minnymouth View Post
          By the way, he was also my dirty Trustee...................... Interesting, huh?
          VERY interesting!

          I'm thinking that a trustee taking in rent for a house that is under his financial control constitutes making a preferential payment to himself over the other creditors - would love to hear how this trustee justifies that.

          Also am wondering how damage to the house by this renter would be handled. Could the original homeowner or their insurance be held liable through a rental contract the trustee offered "in their behalf"? This situation stinks to high heaven! (Unfortunately it's no surprise coming from the same trustee that screwed you over )
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            woah...

            Thats just messed up. Cant you contact somone from the state? Has anyone called the police? Kicking dogs and siphoning gas are illegal..animal cruelty and theft.
            Here in southern-suburban NJ NONE of that behavior would be tolerated by folks.The cops around here LOVE to nail people like that. Some friends of mine were a little loud one time, at around 11pm and the police issued a warning. Popawheelies and drag racing are severly punished. My nephew has been ticketed for riding his quad across the street to the field!!
            These people sound like something from Jerry Springer. Its sounds to me like you have the PERFECT revenge on that evil trustee of yours. Find a way, take it and run!!!! I think what he has done sounds very fishy and crooked.
            WAM
            ch7 8/07 CLOSED: 11/07 Rebuilding and saving.
            WAMU unsecured $2,000 Capital One unsecured $500
            PAID OFF MONTHLY!!!

            Comment


              #7
              Min, there is a way to address this. When someone intentionally exploits a loophole in order to benefit economically I am informed that it can be a crime. I am closer to this subject than you know. You need to contact the KY Attorney General's Office. Write down whatever info you have. There is something that involves collusion of more people than your Trustee. What your Trustee is doing is more than likey illegal by virtue of his using a loophole to remove people from their homes, then renting them out. I have been with you for 2 and a half years and know your case better than most. PLEASE contact your Attorney General's Office in the State Capital first. Ethics also play a part in Government. I have a feeling that their is collusion by more than one person to defraud people of their homes and do this. Title Company, Trustee, possibly a Judge or two. The law has both letter and spirit and the spirit of the law is observed by ethical people.

              I hope this backwater Kentucky in-bred sonofa***** Trustee gets what is coming to him. Now don't get mad at me, 'cause i am an inbred Tennessee backwater (not SOB, wouldn't say such a thing of my mother) but I am just venting. Please follow this up, even after obtaining info go to the News Station, you may have to go to the Capital though because of the "good 'ol boy" thing. Drive a stake through this demons heart and make him frigging beg for his last breath.
              Last edited by robivi3; 05-19-2007, 06:44 PM.
              "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

              Join the Mobile Infantry and save the world. Service guarantees citizenship.

              Comment


                #8
                "Drive a stake through this demons heart and make him frigging beg for his last breath."

                Hoo, that stirs the blood!

                Minny, sounds to me like you've got a racket to expose! Be careful, and take your time gathering information before you act - you don't want to tip this guy off and let him know you're onto him - you're still vulnerable.

                But suddenly those 930 days of yours make a lot more sense, don't they?

                What SCUM!

                Comment


                  #9
                  Greed..money..ambition..greed..money..greed... greed.

                  Comment


                    #10
                    Will keep you informed as I find out things......

                    Have to make a trip to the Courthouse, etc....

                    For right now the "noise" has stopped, the dogs are being watched closely.... over the weekend they scared the *** out of some Baptist women from a local church (she just froze in the middle of the street in her tracks - until someone could come and keep the dog from standing her off).....

                    Some of the local neighbor men have paid her a visit to CHAT over the problems........... found she's feeding booze to a 17 year old..... she's moved in with her..... The boy's daddy stopped one of the neighbors to talk and see what kind of trouble his "boy" was getting into tied up with this girl.... (Daddy is not very happy with his son!)

                    So lots of "things" going on..... neighbors aren't happy at all......

                    Will keep you posted........ as I find out things!!

                    Yeah, Robivi3, lots of things (especially corrupt) goes on is small rural towns in KY and TN..... politics is corrupt also........ All the time some official getting arrested or "killed" over drugs, gambling, politics!! Good Ole Boys - stick together.........when there's money in it!!!
                    Last edited by Minnymouth; 05-21-2007, 06:30 AM.
                    Minny

                    "It's amazing the paths that our feet sometimes follow in life".

                    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                    Comment


                      #11
                      UPDATE - UPDATE

                      Okay, so far have learned the following:

                      Case is still not closed............ debts have not been paid to creditors........

                      People owned property outright (paid cash), and the mortgage company held an unperfected title on the mobile home.......

                      Trustee took land (asset) to resell..................filed an adversary complaint on the unperfected title and took the trailer also to resell as asset.

                      The land went directly to the the Trustee, but he had to wait on the hearing on the d/w mobile home to take posession of it.

                      While the Trustee was "waiting on a hearing" to take the mobile home...... the trustee/auctioneer sold the LAND in a private sale....... it was not offered at auction???? A local gentlement (relative?????) bought it..........

                      Surprise!!!!!!!!!!!!! When the Trustee got title to the mobile home shortly after that he ALSO sold it in a PRIVATE SALE....... to the SAME GENTLEMEN!!!!! NO AUCTION INVOLVED......

                      NOW GET THIS - LAND SOLD FOR $8,000....... DOUBLEWIDE MOBILE HOME sold for $8,000......... Gentlemen paid $16,000 for land, 4 bedroom doublewide mobile home, and a huge commerical truck garage on same property. ENTIRE LAND/MOBILE HOME/GARAGE/CONTENTS WENT FOR $16,000.............TOTAL. ---- NICE DEAL, HUH!!!!

                      PROPERTY APPRAISED APPROXIMATELY $65-80,000......

                      TALK ABOUT A DEAL IN A HALF................ THAT GUY GOT ONE, DIDN'T HE???? WONDER WHO HE KNEW?????????????????

                      My question is WHY did the Trustee/auctioneer sell the property separated from the mobile home, when they knew they had control of both........

                      Instead, first he sold the land, then a month or so later he sold the mobile home to the same person - neither deal involved an auction....... private sale only.....

                      CREDITORS sure didn't see MUCH RETURN in that deal...... did they???

                      Sounds like an inside sale to a relative or friend to me!!!

                      My place was forced into auction.................. yet it was put together by the bank and the Trustee.... land and mobile home.....

                      No private sale was allowed - (my friends tried to buy it back in a private sale - was told no - would be auction)............

                      VERY INTERESTING SITUATION HERE......

                      Am still researching the court case, and plan on notifying proper people as too my findings.....

                      Something "just not right" about this whole deal thing!!!!

                      Am going to have it "looked into" by upper management of the bankruptcy system......

                      Will keep you posted as I learn things....

                      Minny
                      Minny

                      "It's amazing the paths that our feet sometimes follow in life".

                      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                      Comment


                        #12
                        Since the place has been rented, the girl has been forced by neighbors to tie her dog.... (he finally bit one of the men) or find it dead.....

                        The law was called 4 times over the dog..... the cops told her if she found it dead from poison, or shot, blame no one but herself...... Since we are county there are no leash laws......

                        She has quieted it down over there for the time being..... and hopefully it will stay quiet for a while.......
                        Minny

                        "It's amazing the paths that our feet sometimes follow in life".

                        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                        Comment

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