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The Clusterfuck Is Complete: Meet Those Most Hurt By The Earls' Squatting: Conejo Capital Partners... And Soon Millions Of Other "Soon To Be Ex" Home-Buyers
By now the 30 minutes of media fame of the Simi Valley's most (in)famous squatters - the Earls is running out. Yet the consequences of the their actions will resound for a long, long time. The victims: all those may have bought a house in a foreclosure auction, or any other form of existing property sale, without a "lis pendens" or other form of pre-existing legal action, will suddenly think twice about purchasing a home from a bank, or any other owner who may have had a mortgage on the property (now in MERS limbo), and simply end up unwinding the sale. The reason, as Conejo Capital Partners notes, is that nobody will now know when some other set of squatters, who may have owed as much as the Earls (almost a million), and did not contest their loan in good standing with a bank, decide to take the law into their own hands and move right back in. "The most innocent of all victims in this situation
are the new buyers who had signed a contract to purchase the Mustang
property. They are a family of 4 who are adopting their first child this
month. They had already funded their loan, spent money on appraisals,
given notice at their current residence and were scheduled to take
possession of 5893 Mustang Drive on Tuesday the 12th. They
have now cancelled the transaction and are scrambling to find a place to
live as they will be homeless at the end of the month. They are scared.... We
especially feel for the children who are being subjected to this, and the
new buyers who will be temporarily homeless as a result of these events. In all likelihood, there is no way for us to recover the damages we have
suffered, this is no longer about winning; it is about what is right." And the tragedy in all of this, is that there is no clear guily party, as everyone is to blame: the banks, for rushing on the original sale to rake up the NINJA fees, the foreclosure "experts" for robosigning to accumulate the lowest possible cost basis on the subsequent MBS resale for the mortgage servicer, and the squatters, for deciding to take the law into their own hands, when suddenly there is no law. One thing is certain, this incident will propagate and will make existing home sale next to impossible. And yes, inventory will accumulate, but demand will plunge, resulting in a total collapse of the supply-demand equilibrium point, better known to those idiots a/k/a economic Ph.Ds, as price. But that is precisely what happens when in the pursut of material gains, by everyone, the rule of law is now completely trampled in the USA.
The following from Conejo Capital Partners is a must read, for a full perspective on the other side of the Earls' story. Because there always is an alterantive point of view.
OFFICIAL STATEMENT FROM CONEJO CAPITAL PARTNERS LLC REGARDING THE PROPERTY LOCATED AT 5893 MUSTANG DRIVE, SIMI VALLEY CA:
October 15, 2010
Given the extraordinary and illegal events orchestrated by the former homeowners and their attorney, we now feel compelled to share the facts regarding 5893 Mustang Drive.
On January 28, 2010 the property was sold thru a public auction at the trustee sale held at the Ventura County Court House. Each month this same process occurs thousands of times across the nation as a method for banks to take back or dispose of the property that is not being paid for. Conejo Capital was the “successful” bidder. Shortly thereafter the former bank issued the title and it was legally recorded with Conejo Capital Partners LLC as the new owner of the property. At the time all we knew about the property was that the former homeowners purchased it in 2001 for $539,000, and that they later refinanced it, pulling equity out, resulting in debt of roughly $1,000,000. No “lis pendens” had been recorded indicating any disagreement or legal action pending regarding the property. Had they done so before the auction, we would not have purchased this property.
After purchasing the property we found it to be occupied by the former home owners, Jim & Danielle Earl. We were able to make contact with them and tried to understand their situation. They expressed their opinion that they had been unlawfully foreclosed on by the bank. Yet to our knowledge, the Earls had not initiated a lawsuit against any bank at that time, and as far as we know even today there is no pending lawsuit against any bank. Any grievance they had would have been with their bank, not Conejo Capital Partners. We tried to amicably discuss terms of a possible agreement which would have helped them make a comfortable transition but they were unwilling. They gave us no choice other than having to start an action against them to gain physical possession of the property.
The unlawful detainer action (eviction trial) is something that normally takes roughly a month to complete, but they stretched it out to almost 6 months by filing two bankruptcies. The first one was dismissed due to their failure to file the proper paper work and the second was probably dismissed as well. At the unlawful detainer trial, the judge thoroughly reviewed all of the facts of the case and ruled in favor of Conejo Capital Partners LLC and ordered the Earl’s to vacate the property. We were also awarded a monetary judgment in the amount of just over $27,000 (fair market rental value for the time they illegally occupied the property). The Earls appealed the decision but their appeal was dismissed by the court because they failed to pay the court its required appellate costs. The Earls’ attorney sent us threatening correspondence and amazingly described his plan to a federal court judge in San Francisco that he planned to undertake “self help” to retake possession of the Mustang property illegally. The federal judge denied their motion for an injunction and ruled that the "Plaintiffs have offered no authority in support of this extraordinary concept (of “self help" seizure of the Mustang property).
On July 2, 2010 the Ventura County Sheriff and an agent of ours went to the property to complete the court-ordered eviction. There, they found that the Earls had departed but (based upon their attorney’s advice), the Earls left all of the personal belongings, in the Mustang house including all of their furniture, cars and the family dog. This extraordinary tactic caused us another 2 week delay because we were forced to follow the legal guidelines in dealing with the situation. The Earls contacted us at the very last minute before we would have had legal right to dispose of the property and we allowed them to retrieve it at no additional cost to them.
Once we had gained possession of the Mustang Property, we spent a considerable amount of money remodeling it. When the remodeling was complete, we put it on the market for sale. We secured a buyer and were scheduled to close escrow on Monday October 11th. On Saturday October 9th the Earls and their attorney followed thru with their previous threats and took the law into their own hands. They hired a locksmith to break into the Mustang home. They had arranged to have t.v. news cameras filming their actions, and then proceeded to hold a press conference stating that they were within their rights and that we (Conejo Capital Partners) had somehow violated the law. All along the Simi Valley Police Department sat idle and refused to get involved no matter how much proof was offered supporting our legal rights and position. We were told that we needed to resolve it in front of a judge even though it had already been decided. In the days immediately following, the same attorney has done this again in Escondido and Newport Beach (the latter time both the attorney and his clients were arrested). It is amazing that this can happen in a nation founded on and based upon law. It is truly sad that all across America so many people claim to be the “victim” rather than taking personal responsibility for their actions.
It needs to be noted that Conejo Capital Partners LLC did not take the home from the Earls, their bank did. We simply purchased the home from the bank in a legal manner and then had to deal with the situation that had been created. Conejo Capital Parnters LLC is not a large Wall Street bank, we represent a group of regular people who are hard working citizens that pay their bills and abide by the law. We have approached the Earls on many occasions in an attempt to see if we could find an amicable resolution but in each case have been denied. We offered to waive our monetary judgment in simple exchange for confidence that we wouldn’t find ourselves wrapped up in litigation that ultimately results in everyone losing. Although the former homeowner had roughly $1,000,000 in debt against the home, both they and their attorney have said in recent interviews that they feel like they don’t owe anything and in fact are owed damages as well.
The Earls’ attorney announced proudly that he “chose” the Earls because he needed to protect the new buyers from being defrauded by us. It is extremely unfortunate that he is putting others in jeopardy as a way to create notoriety for himself. The facts about Mr. Pines life are well documented and we urge you to do your homework on him and decide about his motives for yourself.
The most innocent of all victims in this situation are the new buyers who had signed a contract to purchase the Mustang property. They are a family of 4 who are adopting their first child this month. They had already funded their loan, spent money on appraisals, given notice at their current residence and were scheduled to take possession of 5893 Mustang Drive on Tuesday the 12th. They have now cancelled the transaction and are scrambling to find a place to live as they will be homeless at the end of the month. They are scared.
This is a terribly unfortunate situation to be involved in, one that we wouldn’t wish for anyone to experience. We especially feel for the children who are being subjected to this, and the new buyers who will be temporarily homeless as a result of these events. In all likelihood, there is no way for us to recover the damages we have suffered, this is no longer about winning; it is about what is right. We didn’t ask for a fight; it was brought to us. Now with no other options, we feel compelled to do everything in our power without regard to cost or time to protect ourselves and insure this does not happen to others.
Conejo Capital Partners LLC
h/t Robert
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if you haven't, I suggest reading all Lincolns major speeches, I found them all very interesting and surprising illuminating and I learned more about the civil war from his speeches than any history book I read...of course, Second Inaugural is best of all...he even did a great speech on how farmers might farm better when speaking at a state Ag fair...what he suggested is very similar to techniques now promoted..
moneymutt, I sent out your Lincoln speech link & it was welcomed by most. There are folks that appreciate the words & thoughts. Yes, our choices are few & men & women of integrity are scarce, but we have to start one politician at a time. It will be arduous...
I leave you with a quote from Winston Churchill:
"There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than live as slaves."
It may be down to that someday. There's much for us to do & in the mean time I'll look for the Lincoln speeches to send out. It can't hurt to remind folks especially now... Thanks again for providing the "spark" to do this. ;)
What a bunch of fools. No one but the Earls has claimed that the loan might be an improper loan to foreclose and they did not go to court or file a les pendens (law suit pending). Has this website been filled with people from SEIU. They borrowed the money and began to pay off the loan, will not meet the statue of fraud requirements. The loan was recorded with their permission against the home,, that is how they got the money. They stopped paying the money, that is how you get a default. They had over 2 years of non-payment to either pay or find a legal loophole to slip through. They did neither. The Earls in order to have payed without the Bank recording it would have been cash with no receipts and no source of income, are the drug dealers? Come on people they would have written a check. This all crap they have made up recently. They filed two BKs just to delay being kicked out. How could they have filed a BK if they were making payments on the home?
+100!
Cannot agree MORE with what you have said!
Keep to the facts. The bank has record of their payment. It simply did not apply it against what was owed. The banks do this all the time in defaults. Until the default is entirely caught up, they hold the money in their suspense account. In this case, they bank kicked the Earls out just shy of them making up all of their back payments.
A valid question is whether the actual owner of the mortgage would have done that.
How have they been giving back original property deeds & notes when mortgages are paid back if they are lost?
maybe this is all just a really well thought out promotion for the upcoming season of "extreme home makeover" think about it - "The Earls", adopted children, falling on hard times. Ratings are going to go through the roof with this one!!
And I'm sure they'll end up losing that house, just this one and the one from the other people on that stupid show, by taking out a HELOC.
AmeriCON'd! Clusterflockin to disaster! From one nation under God to one nation under fraud!! Simply marvelous!! Humans chitting in their own back yards; then their neighbors!! Nature of the beast! It all adds up! Complete sum of the bums!!! Sleepin with dogs and wakin up with fleas! Scratch another nation!!
"We especially feel for the children who are being subjected to this..."
I kind'a stopped reading after this b*llsh*t statement.
It was quite an impressive piece of . . . work.
"I'll gladly give you a a piece of paper on Friday for home (hamburger) today..."
Claw Back the bonuses, shut down the private equity firms, throw Hank the stank Paulsen in jail, all unions go on strike and shut down the country viva la france!!
House Stealing: Tickerguy's Perspective
http://market-ticker.org/akcs-www?post=169420
You know, maybe now is the time to buy the home builder stocks.
I can see the advertisments now,
"Don't purchase the liability of an existing home, purchase a new home, a house that will be yours forever."
Whoever think the mortgage that are defaulted upon is owned only by banks need to think again!
The U.S. gov. may own MORE than the U.S. banks! So those defaulters who think they can get a free house will be disappointed. Uncle Sam has the ability to squeeze the mortgage payment from you, if not from your income, will be from your Social Security payment, sooner or later
From Wikipedia:
"As of 30 December 2009, approximately 14.9% of GMAC was owned by Cerberus Capital Management, 12.2 % by third party investors, 56.3% by the United States Treasury, 16.6% by General Motors (with 9.9% of that in a GM Trust)."
http://en.wikipedia.org/wiki/GMAC
this is exactly why the administration is not interested in 'due process'.
...kind of sounds like the 'ram and jam' healthcare bill, only this time with mortgage foreclosures.
Billion-Dollar Foreclosure Mess Took Root at $75K House
http://blogs.wsj.com/developments/2010/10/15/billion-dollar-foreclosure-...
Excerpt:
Mr. Cox then laid out in a court filing what he’d heard from robo-signer Jeffrey Stephan:
When Stephan says in an affidavit that he has personal knowledge of the facts stated in his affidavits, he doesn’t. When he says that he has custody and control of the loan documents, he doesn’t. When he says that he is attaching ‘a true and accurate’ copy of a note or a mortgage, he has no idea if that is so, because he does not look at the exhibits. When he makes any other statement of fact, he has no idea if it is true. When the notary says that Stephan appeared before him or her, he didn’t.
The judge hearing Ms. Bradbury’s foreclosure case was persuaded. He rejected GMAC’s request for a foreclosure without trial. Even when given the chance to file amended documents, the judge noted, GMAC still didn’t even include the actual street address of the Maine house.
Lawyers around the country are now looking at this case as a model for further litigation, writes Mr. Streitfield.
"We'll be fighting in the streets
With our children at our feet
And the morals that they worship will be gone
And the men who spurred us on
Sit in judgement of all wrong
They decide and the shotgun sings the song"
Won't Get Fooled Again, The Who
Sorry but Joe six pack in CALI made out like bandits. Bought homes with nothing down did 2-3-4 cash out refis to the tunes of 50k-500k FREE CASH. Then defaulted and took anywheres up to .5 million bucks and bought new MERCs BMWs trips and if they were smart got out of dodge and retired!
Lesson for homebuyers: never sign the contract until you have spoken with the last occupying owners. If they are mad enough to try to get the house back, you'll find out when you talk to them. Insist on speaking to them directly. Don't take the bank's word on anything. Investigate for yourself.
The villians here are the robosigners and the banks. The squatters are heroes for taking the law into their own hands, which is absolutely the American Way. We have far, far too much law nowadays, and the only reason for all this law is so that parasite lawyers can get fatter and control the herd better.
It take TWO to tango! Those house flippers who bought 3-4 houses and those who have NO sufficient income bought their houses at zero down payment are also VILLIANS! Yeah, I know, I know. many Americans think they can get something for nothing. And believe pies fall from the sky.
After all, ALL defaulters are at least have NOT paid their mortgage for 6 months.All of a sudden, they become the hero, become victims.
What a joke.
Rule Britannia, Britannia waives the rules...
An all too typical benefits claimant from the UK - http://www.youtube.com/watch?v=WgkVSRs8ADM&feature=sub
no good deed goes unpunished.
"inventory will accumulate, but demand will plunge, resulting in a total collapse"
Already did. And will again. And again. And again. Sometimes gradually, sometimes in big lurching crashes, the American housing market must and will get back to a situation where prices are based on the availability of land, the cost of building and the productivity of the economy. There is still a long, long way to go. There is still a staggering amount of losses to be written off.
There's not much demand left to plunge. The wanted-to-be-clever, wanted-to-be-vulture investors have mostly given up, their would-have-been-investments already just more carcasses in the post-bubble killing fields. Twenty somethings are prolonging education and delaying leaving mom and dad's. Immigrants are going back home.
Getting house prices back to 2005 or even 2003 levels is just the beginning. This bubble has been running for decades. Inflation-adjusted prices are going back to 1960s levels. That's around $150k for a suburban single-family home in good condition in a good neighborhood and a seller not under any duress. These are houses that were priced around $400k in 2007 and are now sitting on the market at $300k without a bid, or are being held off the market in hopeless hope of a market rebound. In most places the backlog relative to new household formation and immigration is already past a decade, and they just keep piling up and up and up.
Both political parties are trying to resist this process, except where it's obviously hopeless as in Las Vegas or Phoenix or nobody cares as in Michigan and most of Florida. From my perspective, the whole reason why this foreclosure fraud scandal blew up is that a system designed to quickly clear Florida's early backlog of unemployed black and hispanic foreclosure cases was then used against the next-in-line backlog of middle-class whites, who still had some expectation of due process and rule of law.
You forgot to mention the population growth. Based on 1% population growth rate in the U.S., the new housing supply should ONLY be around 300K a year. All the rest will be switching around by owners. But now the oversupply in the market is at leat around 10 million houses, maybe more, so there is a long way to go before the housing price is affordable.
I didn't forget, I just used a different term: the rate of household formation. That's made up of two components: local population growth, and how inclined local people are to live apart (more so in good job market) or together (more so in bad).
By immigration I mean the rate at which people are moving into the particular area from other parts of or outside the country, net of local people leaving.
I think the officially reported national population growth estimates are way overstated in recent years. I'm quite sure national net immigration rates have fallen dramatically since 2008, but the census department assumes there's been no change.
True that. There is simply no other way for this to resolve itself.
the market always goes where it will cause the most pain. it lacks any 'compassion'.
For people in the U.S., use Gainesvillecoins.com to buy silver coins is cheaper. I found their price is the most competitive.
If you can meet the stiff minimums (500oz silver or 10 oz gold), Tulving.com is even better with their pricing. Though their website is so bad it will make your eyes bleed.
The Earls attorney in the news again.
http://www.msnbc.msn.com/id/39660038/ns/local_news-orange_county_ca/39659722
The Earl's had every right to pull $380,000 equity out and blow it all on bullshit. HEY its fucking California for krist's sake you gotta blow some cash to stay up with the Jones's. NOW MAKE THE FUCKER'S PAY and DEARLY!
I think it's time to run a 24-hour marathon of the Marx Bros' "Duck Soup."
http://www.youtube.com/watch?v=yyeKYQdYISg
And remember while you're out there risking life and limb through shot and shell, we'll be in here thinking what a sucker you are. -Rufus T. Firefly
This guy is a fucking ambulance chaser douchebag
Pines that is
They refinanced to put the total debt at $1 million and they don't feel responsible? Nuts.
So, the downside of the govt/wall street induced housing credit bubble is....
Oh the humanity! Think of the children!
Maybe the Earls are just vying to get a TV show on the TLC network, they will call it "The Squatters." You, know sort of like The Little People or Jon and Kate plus 8.
Science calls it equilibrium. Philosophy might call it justice. Economists might call it reversion to the mean.
Regardless, for its survival, capitalistic USA needs to reboot and cleanse. The disparity in pay where the elites and those paid from taxes make an inordinate percentage of the income is unsustainable. When fired bankers receive 47 million in exit pay after selling leveraged CDOs that bankrupted the country, something has to give.
All emotion aside about right and wrong, the system will find equilibrium, and payback to the banks will probably be a bitch through equalizing debt reduction by the masses.
The over creation of dollars will insure it doesn't happen without tremendous volatility and destruction.
Ben, economics is not a science, and it doesn’t care that you received a PhD studying the depression. It has little to do with now.
All this legalistic nit-picking is just a bullshit parlor game.
Does anyone here seriously think the admin/congress is just going to watch the "rule of law", which is all that's standing between them and a lamppost) go down the tubes?
Robo was absolutely right on that a fucking GIANT rabbit is about to be pulled out of the hat between now and election day, one that will render ALL OF THIS completely moot--a "clean slate" maneuver, calculated to pass muster with everyone up to the SCOTUS.
After all this time on ZH, haven't you figured out YET who you're dealing with??
I disagree. It won't be that simple. The Feds have been trying to usurp power over the states for some time, but Attorney Generals, and atorneys in general, have been presenting roadblocks. An example, you can buy pot pretty easily in California even though the goverment has declared it a crime. The state has made this federal law practically unenforceable.
The states are exercising their constitutional rights by taking the banks to court. It will not go away that easily.
I'm loving this fact. I would LOVE to see the fiscally strong states, such as Texas, take the Feds down a few notches. States grant power to the Federal government, not the other way around. We have lost sight of this, and so has our Congress and President.
let's see here...if you get a free house because nobody has the right to foreclose, how long do people think this jig will dance until the IRS gets involved? They don't need no fucking foreclosures to take your house. You will not reenter when the Party puts the notice sheet on the door.
Tax liens trump anything and will pave a road to clear title.
the fact that people here bitch about who is in the right or wrong underscores how clustered this fuck really is.
And the tragedy in all of this, is that there is no clear guily (sic) party...
Sorry Tyler, but I call bullshit on that. I can think of two very clear guilty parties.
1) The Earls, as they have precisely no right what so ever to the property in which they are squatting, and
2) The entire chain of policy clusterfucks, from The Fed to CONgress, and everyone associated with said policy making
That's a whole lot of guilty there, to my mind.
How long before people just start squatting in any old home and saying its theirs... Like Mexico where Chattos (sorry if spelled incorrectly) have squatters rights and have occupied and improved properties for decades and decades. At times, the neighboring county attacks with machetes trying to reacpture properties. In the pueblo, there is only a small group of properties ina crescent-shaped sliver that actually have "legal;" title.
Seems everyone sucks in this.
That being the case, shouldn't it be the professionals who are held to the higher standard...and suffer the most?
as a rule of thumb, YES.
So whoever MERS says is holding the mortgage gets a valid assignment from the entity shown as the mortgagee of record, records the assignment, and away we go?
Bob - there have been several good posts recently about how MERS is structured and how it operates. MERS does not say who is holding the mortgage because the mortgages are assigned to MERS. None of the mortgages are assigned any further until certain conditions are met. The law says, if the mortgages are not assigned within 90 days, they are unassignable.
Looking to MERS for information is a dead end.
Posting from a Real Estate Blog:
Michael T. Pines is DESPERATE to get his failing law practice (1 year old) on the map and get more business. He’s calling the MEDIA to come to the properties he’s breaking into. Perhaps you should talk to the Pines’ 4 clients who were evicted last month. He took their money, did not represent them and they are HOMELESS. Let me repeat: He’s bankrupt, he can’t save HIS OWN 7 foreclosed properties, he’s not breaking into his own foreclosed properties. but he’s taking clients money and getting them arrested, telling them to go to court ON THEIR OWN AFTER HE TAKES THEIR MONEY, AND NOW THEY ARE HOMELESS, ANIMALS, KIDS AND ALL.
Read his EMC lawsuit in UTAH. Michael T. Pines LOST HIS OWN HOME and is aobut to lose the 6 others, which he’s trying to protect in BK. He’s begging for media attention to get clients, but he ALWAYS FAILS THEM.
Mr. Pines has ALL, yes ALL his properties in foreclosure and can’t save his own properties, so he can’t save yours. He is NOT a foreclosure relief expert. He’s a foreclosure expert. He’s left many victims in his wake from investors (some who are attorneys) in his ReVentures Real Estate investment group to legal clients, to seminar clients.
Michael T. Pines filed Chapter 11 Bankruptcy on January 11, 2010, he miserably represent himself and it was converted to a Chapter 7 Bankruptcy. Just GOOGLE “MICHAEL T. PINES” in QUOTES.
Mr. Pines is insolvent, renting from his ex-wife Julie Phillips Pines and had his vehicle repossessed in December. He sued the bank, Zions, as well as the repossesser, because the took the vehicle he could not afford to pay. That case can be found online.
Pines has NEVER won a case against a mortgage company. Pines sued EMC mortgage regarding his own foreclosure and lost. The judgments can be found online under UTAH COURTS.
ecf.utd.uscourtsDOTgov/cgi-bin/show_public_doc?2008cv0137-305 (replace DOT with (.)
and here:
ecf.utd.uscourtsDOTgov/cgi-bin/show_public_doc?2008cv0137-178
(replace DOT with (.)
Mr. Pines has TWO Restraining Orders against him in San Diego County and is being investigated by the State Bar of California. You can find his Restraining orders on the San Diego County Sheriff’s website.
Mr. Pines’ BUSINESS OFFICE is in Foreclosure, you can find it under San Diego’s grantor / grantee website.
ALL of Pines’ foreclosed properties are ALL LISTED ONLINE IN UTAH, SAN DIEGO AND AK. Yeah, Bankrupt and foreclosures….a credit nightmare.
Pines’ foreclosed properties are as follows: (There are probably more, but this is what is available online)
1.
Address: 5 South 500 West Unit #1216, Salt Lake City UT 84101 – Parc at Gateway Condominium
Notice of Default was Recorded on 8/26/09.
Original Mortgage: 246K with National City Mortgage
Notice of Default was recorded on 8/26/09
THERE IS ALSO AN H.O.A. LIEN FOR NON-PAYMENT FILED ON 7/27/09
Trustee is: ETITLE INSURANCE AGENCY, Phone: 801-263-3400 (please call to verify)
2.
Case # 09-81657
1273 22nd Street, Ogden, UT
Notice of Default was recorded on 9/1/09.
Foreclosure sale scheduled for 1/15/10, This date was originally 12/29/09, but Mr. Pines asked for an extension under what I believe to be false pretence.
Trustee is: ETITLE INSURANCE AGENCY, Phone: 801-263-3400 (please call to verify)
3.
Case # 09-81658
Address: 1246 South Meadow Run, Saratoga Springs, UT
Notice of Default was recorded.
Foreclosure sale scheduled for 1/12/10, this date was originally 12/29/09, but Mr. Pines asked for an extension under what I believe to be false pretence.
Trustee is: ETITLE INSURANCE AGENCY, Phone: 801-263-3400 (please call to verify)
4.
Parcel #010610036
Address: 2336 Madison Ave.
Notice of Default was recorded on Oct. 7, 2009
Trustee is Halliday and Watkins, Phone: 801-355-2886 (please call to verify)
5.
732 N. Coast Highway 101, Encinitas, CA 92024, which is his current office building, details above.
6.
Case # 1171481
Address: 21 Murphy Drive, Bella Vista, Arkansas
Notice of Default was recorded in Sept., 2009
Trustee is: Wilson and Associates, PLLC
Phone: 501-219-9388 (please call to verify)
Lender: National City Bank
Is Pines a Mormon?
Don't know about him being a mormon, however he seems like another Casey Serin.
~Misstrial
bravo. great post.
"yeah, but how is he a victim?"
anybody wish to defend this shitbag, Michael T. Pines?
(I think I hear crickets)
The condition of Mr. Pines is irrelevant to the situation. The bank either did or did not have legal standing to foreclose. If it did not own the mortgage, or if it was not the agent of the owner, then it did not have legal standing to foreclose. That is the only relevant issue here.
RP, you are right. this IS a question of each individual's right to due process under the US Constitution. I personally would love to see a revival of an adherence to this document.
that said, I am not a fan of the Earl's, or their shitbag lawyer. I'm just not!
Which is your right. But what do you think of the national conversation they started. Think it can do any good?
did the Charles Manson murders start a national conversation about the death penalty? Should he be exonerated because of this?
you make fair points. i hope you understand mine.
Conejo sounds like a real pendejo..
A couple of questions for the legal experts here: 1. How many court orders do you need to enforce an eviction? Myself, I thought one was enough. How can police officers sit around and watch a break-in? Surely witnessing a break- in and doing nothing to prevent it is grounds for dismissal ? What are we paying these clowns for? 2. A lawyer advises clients to pursue a forced entry course of action after they have been evicted because he believes they have been hard done by? What he believes is irrelevant. Courts make these decisions not every tom, dick and harry lawyer. He invites the media and oversees his "clients" committing a felony. Surely this is guaranteed disbarment?
Ans to question # 1: Only need one court order for a UD (Unlawful Detainer) eviction per address.
Ans to question # 2: Possible that the Simi Valley police officers on the scene will get a letter of discipline/censure in their file, which just about kills any chance of promotion. They were shown eviction documents by Conejo Capital Partners, but chose to ignore the pre-existing eviction order. The Earl family was evicted earlier this year. (I wonder why they moved out if they felt they had a legal case against the bank.)
Ans to question # 6: Most likely this attorney will be disbarred or at the least, subjected to disciplinary action through the California Bar. He is already the talk of judges in Ventura county. Court talk moves fast and the Superior Court judges all know each other.
It will not end well for Mr. Pines.
~Misstrial
I remain convinced that the worst victims in this new mortgage crisis will ultimately be the taxpayers. Whether these loans were funded through depositor's funds or taxpayers through Fannie/Freddie, a new trillion-dollar bailout is almost certainly on its way. Will this be the trigger for economic collapse and an hyperinflationary depression? I wouldn't be surprised!
So financial companies are now issuing press releases saying "won't someone think of the children". That is hilarious.
And they're issuing press releases invoking the "rule of law", after all they've done to the middle class. That is also hilarious.
When police turn into bystanders to property "disputes", you have a very interesting development. It's a crack in the facade of unquestioned authority; if the crack widens, things will get very interesting. Get out your chisels.
ROFL. They sold it to us...therefore it's ours...regardless of whether they had the right to sell it to us, since they did, that null and voids everything else. What dumbasses.
How about suing the bank rather than those that were originally defrauded?
One giant clusterfuck. Good thing we have idiots like the 'new' owners suing the 'old' owners, rather than doing the right thing and sue the bank.
They offered money for a 'transition'. ROFL, it's THEIR house. Why should they transition out of it?
There is no better option other than doing things the right way and going after the right parties engaged in all the steps of this fraudulent process.
Plus they assumed they did due diligence by looking for the legal lien limbo notice but paying no attention to the meaning that foreclosed was when it was told to them. Again, the news about this has been out for YEARS. Therefore any houses foreclosed in the last few years, are known by anyone who has done due diligence to be in a legal limbo state. That's a fact. Not a well known fact, but a fact nonetheless. Thus they knew it was foreclosed, they just didn't know what the meaning of that was.
Since it didn't really break until the past month or so, it gets hairy. But those in the know, did know. So how good were the people you had REALLY if they didn't know this? Not very good. You'd expect a good company would have known this.
But again, one cannot expect them to know all of that, and thus they misplaced their trust and money with the wrong people. They believed they were doing business with reputable people on top of everything. Obviously they weren't.
But the wrong thing for a screwed party to resort to is trying to screw another screwed party in this same game. Thus while regrettable, I won't lose sleep over someone who wanted to scapegoat the previous homeowners into relinquishing their rightful home, and thus not having everything squared away for awhile and having a hard time of it.
Perhaps they wouldn't of been in such a bind had they FIRST tried going after the people that REALLY screwed them. Seems to me they wasted alot of time going after their similarly screwed people. Because they didn't care if the game screwed someone else, they wanted this house, and would strongarm others into it if they could.
I'm a bit sickened by seeing this relative peasant going after another peasant when both were screwed by the same set of entities that took and will gladly continue to take their cut.
Anyone else that doesn't want to be screwed better look around at the other elephants in the room. Derivatives are worth 0. Absolutely. Anything related to it, or that get it's life support from them, is history. Everyone knows that, just like they did on these homes years ago. What the people they went through didn't let them know? What a shock....thus it's the former homeowner's fault??? How about you went through some scumbag company that obviously overrepresented their side and sold you a bill of goods. What you didn't notice people living in the home?
So current investors, when the casino stops, all the people currently at the tables are screwed even if they hold a seemingly 'winning hand', because you still have to cash out, which won't be possible.
Just mark it all ZERO!
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