1 In a Million Case with Many Questions

[1inamillion]

This is a very long post - I wanted to be sure all the specifics were covered....This is a one in a million occurrence ---

The Specifics...
I have been a victim of forgery/fraud and theft of my manufactured home which contained a home office and two of my vehicles . This "friend" was taking care of my home in Florida while I was away on a business trip with a business partner on a business trip out in Las Vegas 4 months ago.
The name of this friend is/was Sheila. Sheila found her way into my private drawer while I was away and obtained the 100% "free and clear title that was in my name only" to this manufactured home which was in fine shape and forged my name on the title document as "seller" and transferred ownership to herself. The local Sheriff's Department has an active report and a detective is currently working on my case.
To add insult to injury, I was not allowed to enter my own home when I returned back from Las Vegas. Unknown to me, she filed a false Domestic Violence Injunction against me the day before I came back to Florida from Vegas. Her scheme was to keep me from entering my own home by using a domestic violence claim hoping she would win the case and keep the house for herself.

I went to court with witnesses and a lawyer in tow and that bogus injunction she filed with false accusations was dismissed by the court judge on June 28th. This filing was noted that it was made under false pretenses. Perjury should have been lodged against her, but to my dismay that did not happen.

During this ten day odyssy I had to incur thousands of dollars in legal fees for hotels food, personal items, gasoline, and rental cars for a ten day period using several credit cards. (She wiped out our joint savings acct) Furthur compounding this nitemare, the person who did this has also destroyed or sold ALL of my possessions that were in my home, including all personal property and business equipment, furniture and records of my home based business which I conducted out of my home for over 9 years.

I am frustrated that it is this easy for someone to walk into the Florida Department of Motor Vehicles and literally forge a signature to transfer ownership of a home without ANY scruinty whatsoever or proof that its a valid transaction and force the rightful owner out of his property, not to mention how difficult it is for that rightful owner to gain the necessary paperwork to PROVE it was a false transaction.

This forgery happened on May 31, 2005 and as of today, October 7th, 2005 I am still without my home living now in Las Vegas in an apartment. I really feel the justice system and the DMV has failed me here and is protecting the criminal and not the victim.

I had to get two lawyers, the first lawyer I got was to defend me for the injunction that was lodged against me which cost $1200.00. I did win that battle in court. What I still find hard to believe is that the person who forged my signature admitted in this open court that she actually forged my handwriting. After the judge heard this, all this judge did was scold her and tell that she couldn't do that. The judge did not do anything furthur to correct this injustice because she was there only there to dispense a decision on this particular injunction.

After this court case I then had to find another lawyer to try to find a way to get my house/possesions back. I eventually hired another lawyer and paid a retainer of $1500.00 which was put on a credit card (which @ $275.00 per hour did not go very far and did not get me any remedy at all either) All this lawyer did was file some papers and not much else. All the while I was feeling numb and just trying to survive from one day to the next as I was shellshocked that this nitemare actually was happening. Finances kept me from proceeding with any furthur legal representation. I was in strictly in a survival mode situation for another three weeks. The one memory l'll never forget that was so cruel was when I was sitting in the lawyers office and in desperation asked; Can you help me pleeeeeze as I can't afford to keep living in hotels and renting cars, and the reply from this lawyer was, "your singing to the choir"-- I was apalled by her lack of compassion and heartless demeanor. I know exactly how the poor souls in New Orleans felt when nobody came to there aid for shelter, food or water.

As I said before; food, a hotel to sleep and as a place to conduct business by laptop, and transportation were my main priorities. Trying to get pro-bono representation was non existent. I was forced to move out of Florida when there was no more options available and have since started all over with great hardship. I am waiting patiently for my day in court if and when it does ever happen. I don't know what recourse I have regarding civil remedies as I can't afford an attorney..

I am now forced into chapter 7 bankruptcy because of this financial tragedy. I aware it will take months for the actual prosecution to
proceed.

I am in possession of the documents from the DMV that proves she forged my signature, along with an afidavit stating it was a gift (which it obviously wasn't) so she didnt pay any taxes. Plus another afidavit saying that I signed on the wrong line. She was either in such haste, or just plain stupid, that she signed my name on the wrong line at first...as co-buyer. So the DMV has another document saying it was signed on the wrong line unintentionally, but she signed my name on that too, swearing that it was true. At any rate....the story doesnt end here.

UPDATE!!! - IT GETS WORSE

While I was in Florida when all this happened, and after the domestic violence injunction was dismissed, I went to the land owner (i rented the lot space) to try and obtain any paperwork he had in his files to prove that I was the original owner and purchased the mobile home back in 1996. He was fully aware of what was happening because the lawyer I had retained to defend me against the injunction subpoenaed him to appear on my behalf. He told me at that point, that if I made him appear in court that he would enforce any and all code violations to the house that had occurred after the hurricanes Florida suffered last year. (To my knowledge, there was no code violations as I was aware of -- I only incurred superficial damge from the hurricanes) He said that when I got possession of my house again, he would enforce the codes. He never gave me a specific list or told me what any of the violations were...if there were any at all. The house fared very well after the hurricanes and I only lost the double roof, and a car port. There was no structural damage at all. He proceeded to tell me that the house isnt worth much and even if I did get it back, I probably couldn't sell it and his intentions were to basically get rid of all of the older homes and replace these homes with new ones so he could make more money. His response was for me to be a good Christian and God will reward you, so be the "bigger" man and let it go / do not cause any problems...I honestly I would be rewarded for doing the right thing and not making waves. However, in actuality. his plan was a way to display his greediness by making a path easier for him to do what he proceeded to do next.

He was fully aware of what Sheila had done and that my signature was forged. I found out a few weeks ago that he was looking for her because he needed to speak with her. This I found out from a neighbor who still lives in the community and knows what has happened that I'm the rightful owner of the home. Evidently, he probably spooked her with these code violations knowing full well she didnt have the financial means to meet his demands to make these fabricated repairs. So now what I believe has happened is that she signed over the title to him...and he removed the house.

My house is now gone! He either sold it, or had a salvage company remove it. But there is an empty lot where my house once stood. I was never notified of this or his taking possession of the property. I found this out by the same neighbor just the other day.

I am now trying to obtain this newest title transfer from DMV and hoping that the same clerk who obtained the first documents will track down this most recent transaction. I was told that he could be implicated for possession of stolen property, and she is definately guilty of another fraudulent transaction. However, I have to prove that the land owner knew prior that it was a legal transaction and he knew that she forged my signature to begin with. Its just an endless battle of paperwork and frustration/desperation.
I don't know what recourse I have regarding civil remedies as I can't afford an attorney...

While Identity Theft / Forgery is not a violent crime, the toll it has taken on me emotionally, financially and physiologically is beyond description, and could only be misconstrued as hyperbole. When you're repeatedly victimized, with your personal identity violated with each offense, the effect is profound.

More information...
Before this nitemare happened I took out a 30k small unsecured biz loan with the SBA thru my bank to consolidate four credit cards. I was still in debt for 45k with four other credit cards. With this nitemare my debt
ballooned to 90k. I have since retained another different lawyer to file my bankruptcy. I have filled out the bankruptcy forms my lawyer sent and the lawyer received these documents on Monday. I have an online business that was doing well up unto three days ago and now I'm in sheer panic as the revenue has slid 90% with no reason for the slide. I have brought in only $30.00. I'm not sure if this temporary or a sign of things to come?

Questions...
I gave a brief overview on the questionnaire of why I was forced into this very difficult choice of declaring bankrupcy. Do you think it would be prudent for me to elaborate in furthur detail why this course of action had to be taken due to my house, cars and all my possesions being stolen from me through fraudulent means? Please let me know if this information would be beneficial. I do have the documentation of fraud.

I still have three credit cards that all have zero or very little balances on them and I am hoping that I will be spared of giving these credit cards up. The question is, AOL, Google (advt'g for my biz) and hosting company for my business websites do not accept any other form of payment except a credit card for services rendered. A credit card is the only form of payment they accept. May I use one of these three credit cards ( the cards are 1 Discover Card and 2 Mastercards) to pay for these essential services in order to keep my business operational and pay off these balances once I receive these invoices?

I have a credit card currently with a $9000.00 balance. I was forced to take out a 3000.00 cash advance in August to pay for a used car. Will I be forced to pay this amount back. What about the other $6000.00 that was used for purchases made from a year ago.

Will the 30k SBA loan be discharged? The bank I went thru automatically debits my business account every month for $277.00 ---Not sure how this will work.

Does a trustee take into consideration past credit history? (I had sterling credit up unto three days ago.)

I had no intent of defrauding any creditor. I've had great credit for over 26 years. My master business plan was to get my websites revamped with new features along with a unique idea in order to generate a rise in income to pay off these debts. I am still waiting after four years to get these websites corrected and upgraded. Numerous errors in judgement on my part for trusting unscrupulous / incompetent website programmers have contributed to my misery. These four years have been time waiting for my ship to come in to market these websites at full tilt. While I have been waiting for my "ships" to be built I was using my credit cards to meet living/business expenses if the revenue didn't meet the cost of these expenses. I've prided myself on being a very frugal entrepreneur but I'm still at the dock waiting. Theres a fine line between perserverance and quitting. I hope I can still persevere to see a lifelong idea/dream become a reality.

Thank you in advance for any answers to any questions, assistance or comments you might find useful in helping me.

Sincerely,
John-- AKA -- One in a Million

[sunshine08]

Financial identity fraud is the "crime" if this decade. Sounds to me that the landowner & Sheila have been or are still in cahoots. I know for a fact that most law enforcement agencies are backed up, but this is ridiclous. Looks to me like there are a couple people dropping the ball. We have a local tv station that does investigative reporting in things like this, do you have this there. I would call the DA first, the Attorney General next.
Honey, you got a mess.

[Viper]

May I use one of these three credit cards ( the cards are 1 Discover Card and 2 Mastercards) to pay for these essential services in order to keep my business operational and pay off these balances once I receive these invoices?

No. You are not allowed to use credit once you file for bankruptcy and until your case is discharged. I would suggest, if you haven't already, open a checking account at a bank that has a MC or Visa Debit card. You can continue to operate your business using your debit card. It works the same as a credit card, only that it deducts what you purchase from your funds in your checking account rather then billing you.

I have a credit card currently with a $9000.00 balance. I was forced to take out a 3000.00 cash advance in August to pay for a used car. Will I be forced to pay this amount back. What about the other $6000.00 that was used for purchases made from a year ago.

The cash advance will set off a red flag. It will only be an issue if the credit card company objects to your filing, and they most likely will. The 6K over a year ago shouldn't be a problem. Your car will also be sold and the money distributed by the trustee, assuming that it is not exempt.

Will the 30k SBA loan be discharged? The bank I went thru automatically debits my business account every month for $277.00 ---Not sure how this will work.

It should be discharged, as long as there was no fraud involved in obtaining the loan.

Does a trustee take into consideration past credit history? (I had sterling credit up unto three days ago.)

No. Think of the trustee as the lawyer for all the people you owe money to. He makes sure that all the documents you need to file are in order, and that any non-exempt assets are are liquidated and distributed as the law provides.


I'm not a lawyer, this is just what I have learned in my research. The mod's on this site are great, and will surely correct me if I'm wrong.

I hope this helps, and Good Luck.


-Viper

[quinnpa]

I would file a lawsuit against her and the owner of the park for conspiring with her. I would end up owning that park when I was done! Call a couple injury lawyers, I'm sure you'll find one who works on an award basis begging for your case. They can take his trailer park, trailers, personal property and whatever assets he has in a lawsuit. Unless you wait 60 days after filing though, it would all go to your bk.

You're a bigger man than I am. If somone did that to me, she would have needed a protective order against me for real! And the owner, I'd have put him in so much pain, I'd gotten my house back! But thats just the reformed street punk in me!

[robivi3]

Personally, the fact that she is walking is amazing. I may not have the restraint you showed. Death would be nice, this calls for a spinal cord injury and every blow into that tube to move that chair would bring up the memory of the pen, the paper and the trailer.

That being said, don't do it. Your life can be salvaged. You will live again and will use Safety deposit boxes the rest of your life. It is going to take time. I would definitely provide documents at all to the Trustee and just ask for mercy, plain and simple. You need it. If you pursue the issue it will take time and energy. I would think about it. I do believe God is just, not people. No one died. If you pursue it you will have place this in a certain compartment in your life otherwise the quest for justice can consume you. As bitter as this is, do not let bitterness overtake you, then those bastards and that "fine" c****tian pig (I won't use Christs name in this context because that man is not a christian) will have won. These are trailer trash animals you are dealing with. Be the better person. Not all people will treat you in this manner.

All that being said. Once again, show the Trustee all of your documentation. Have it with you. Attach any extra letters you need to your petition as far as explanation. This is truly a one in a million case and deserves special treatment.

I would speak to an Attorney regarding damages. Whether or not you will own the park is another thing. You would have to prove all that knowingly and willingly stuff against the owner. You may know it, but can you prove it. Best consult a lawyer who deals in such cases. Only a Court order can seize property and you will have to find a lawyer willing to do this at his own expense. The problem is that there are to many easy money cases out there. I expect you'll have difficulty finding a willing lawyer. But try.

Viper is correct, the Trustee works on behalf of your creditors. But he does have the power to make things hard or easy. When you go to BK Court you are admitting guilt and you are requesting relief. The weight of the Court leans toward the Creditors, you have already admitted "guilt" so impariality is not an issue. In your case, "guilty, but with special circumstances" applies.

I hate to say this, wish there was more i could give but "we all wish you the best"

[robivi3]

BTW- I am in Florida and yes, it is that easy. In fact when i bought my sons car it didn't require even require a notary. That is bloody stupid.

I can tell you all, if the title (which is like a car title here) was within reach that is easy to do. I blame the State for making it easy for scammers. A decade ago you needed a Notary.

And please don't jump on the guy for this. Most of us store titles, deeds and such in a "safe" place at home. I am sure that he considered the conniving witch who did this trustworthy. He can look back in hindsight later. We trust people daily with checks that have routing numbers, CC numbers that have reciepts that are thrown in the garbage at some businesses, numbers that go over the 'net. The whole system depends on integrity. In his case the system and people failed.