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Florida Attorney Sounds Alarm On Bankruptcy Practice

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  • Florida Attorney Sounds Alarm On Bankruptcy Practice

    Monday 17 October 2011


    A Florida provider of default legal services is sounding the alarm on a new bankruptcy practice that he says could delay the foreclosure process in the state.

    According to an announcement put out by the Law Offices of Daniel C. Consuegra Monday, Chapter 7 bankruptcy trustees in the state have been filing paperwork to sell homes encumbered by valid mortgage liens. The sales convey the property, by trustee’s deed, to third-party buyers, who are often investors. Consuegra says the sales are often connected to borrowers whose bankruptcy filings show there is no equity in the subject property, nor any provisions to bring loans current.

    Often times, the notice of sale provided to lenders is improper - if it is provided at all, Consuegra says. His firm has further discovered instances where the investor-buyers are revealed to be corporate entities affiliated with foreclosure defense firms. According to Consuegra, the investor-buyer then rents out the property on a month-to-month basis, delays the foreclosure and makes a profit from the rentals.

    “For the mortgage lender, this means additional parties to the foreclosure action, added service of process costs, as well as difficult and costly litigation,” Consuegra said in the announcement. “Often, the sale takes place in the bankruptcy while the foreclosure case is stayed by the automatic stay. In some cases, the foreclosure case goes to judgment, but must be vacated for failure to serve the new owner.”

    Consuegra says the issue is rearing its head in Florida’s Middle and Southern districts and that the Tampa division of the court is examining the matter in specific cases.


    http://www.mortgageorb.com/e107_plug...p?content.9999
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

  • #2
    My heard bleeds for the poor innocent banksters who may "lose" out on this...awww...poor dears...

    Comment


    • #3
      Originally posted by IamOld View Post
      My heard bleeds for the poor innocent banksters who may "lose" out on this...awww...poor dears...
      sounds like a GREAT BIG BIG BUSINESS scam....yeah poor poor banksters!
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment


      • #4
        This is very unfair with the banksters

        Comment


        • #5
          it sounds like ANOTHER big mess!
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment


          • #6
            This is nothing really new, at least in Florida. There were these "foreclosure rescue" companies that popped up where the unsuspecting homeowner would quit claim (QC) the property to the "rescue" company. The rescue company would then have title. However, the banks, trying to foreclose, don't name the correct parties to the lawsuit.

            It is my opinion that this is not about the "poor banks" but about plain and simple fraud. Just because a third party (possibly) illegally obtained title to the property without the bank's knowledge, doesn't make it right. The Florida Attorney General (AG) went after a bunch of these so-called rescue companies years ago. I don't believe there are many, if any, left.

            In the end, the banks will not lose. This is a paperwork and process issue. It's not as "big" as it is advertised. This problem has been in the AG's office since 2009.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              Originally posted by justbroke View Post
              This is nothing really new, at least in Florida. There were these "foreclosure rescue" companies that popped up where the unsuspecting homeowner would quit claim (QC) the property to the "rescue" company. The rescue company would then have title. However, the banks, trying to foreclose, don't name the correct parties to the lawsuit.

              It is my opinion that this is not about the "poor banks" but about plain and simple fraud. Just because a third party (possibly) illegally obtained title to the property without the bank's knowledge, doesn't make it right. The Florida Attorney General (AG) went after a bunch of these so-called rescue companies years ago. I don't believe there are many, if any, left.

              In the end, the banks will not lose. This is a paperwork and process issue. It's not as "big" as it is advertised. This problem has been in the AG's office since 2009.

              i'm certain the banks will not lose, however, if it were you or i, well it wouldn't be sitting around an AG's office for a couple of years. we would be smacked, but good.

              if you and i had commited such fraud, we'd most likely be hit over the head and locked up by now.
              Last edited by tobee43; 10-21-2011, 11:22 AM.
              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

              Comment


              • #8
                Right you are tobee!!! I guess there may come an ultimate reckoning where society will have to choose between the banksters and everyone else...

                This AM on the BBC I heard that the EU will cough up 1.2 TRILLION Euros to bail out their banksters and Greece....that have "issues" because they bought US toxic securities...I have a feeling that w/out the EU money, our dear banksters would be in deep trouble...

                Comment


                • #9
                  well, we have a ton of bucks in this country from moammar gadhafi's treasure trove.....so i say we use some of those bucks to not only pay back our government for any monies we contributed to the over throw...but keep a few more of those bucks and bale out some of our people. now doesn't that sound about as legal as the banksters are doing?? LOL!!!!!
                  8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                  Comment


                  • #10
                    Originally posted by tobee43 View Post
                    well, we have a ton of bucks in this country from moammar gadhafi's treasure trove.....so i say we use some of those bucks to not only pay back our government for any monies we contributed to the over throw...but keep a few more of those bucks and bale out some of our people. now doesn't that sound about as legal as the banksters are doing?? LOL!!!!!
                    As they would say in that part of the world - "that will happen...God willing..." (which means no one expects it to happen) :-)

                    Comment


                    • #11
                      there have been strangers things!!

                      i think the news said billions, which is also going to effect the European banking markets as well as ours....we shouldn't be greedy and just take about 3 billion, i think that's fair.
                      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                      Comment


                      • #12
                        Originally posted by tobee43 View Post
                        there have been strangers things!!

                        i think the news said billions, which is also going to effect the European banking markets as well as ours....we shouldn't be greedy and just take about 3 billion, i think that's fair.
                        I'd be happy with $1 mil personally :-) Curacao, here we come!

                        Comment


                        • #13
                          Originally posted by IamOld View Post
                          I'd be happy with $1 mil personally :-) Curacao, here we come!
                          LOL!!! i'm with you! i mil will do just fine
                          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                          Comment


                          • #14
                            Originally posted by tobee43 View Post
                            i'm certain the banks will not lose, however, if it were you or i, well it wouldn't be sitting around an AG's office for a couple of years. we would be smacked, but good.

                            if you and i had commited such fraud, we'd most likely be hit over the head and locked up by now.
                            Most likely the banksters and their crooked lawyers have their hands in all the till already.

                            One of these crooked bankster games is slowly coming to light in St. Louis in the case of a golden boy of banking who is now being chased by multiple banks(See St. Louis Business Journal - keyword Shaun Hayes). It appears that the game was to set up asset-holding companies to buy up "foreclosed" property for pennies on the dollar. The schemers borrowed money from several St. Louis banks to make their purchases, but could not meet their payments when the banks called the notes.

                            To add to the schemes, the banksters and their foreclosure law firms apparently selected the most valuable properties for foreclosure when the most money had been loaned by the bankster's own bank, made false allegations and forced the developers into bankruptcy to keep them from being able to sue the bank, and used the banks' "at will" clauses to take the property. With the fraudclosure lawyer calling the shots, and the bank's money funding the law firm's every act, the schemers were able to prevent outsiders to make offers on the notes for a substantial period of time, then sell the notes to one of the insider-connected holding companies at next to nothing.

                            Once the holding company had the property, the fraudclosure lawyer's firm took over that company as its client and continued to pursue the total destruction of any and all parties who might have a way to get their money back. One of the scams they are now using is to nullify mechanics liens laws in the states where these actions took place. A recent circuit court decision where this occurred in Pittsburgh ruled for the subcontractors' mechanics lien rights in that state, but is now being appealed. In Missouri, and possibly in other states, these lawsuits are still in the courts. The results of these games if the fraudclosure lawyers win, will probably nullify mechanics' lien law and result in a real damper on private construction projects across the country.

                            BTW, the bank and its stockholders do not benefit from these schemes, and in fact end up losing a lot of money, taking a bath on the value of the property, spending a fortune in legal fees, and loss of stock value as the bank loses. The bank does pay the bills to cover up for the crooked banksters and fraudclosure lawyers lining their personal pockets.

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