Animal advocates at the Grace Foundation say it’s another case of the big banks acting badly. And in this case, they say the lives of 48 horses, and any other animal a bankrupt Grace Foundation couldn’t help, hang in the balance.
——- >> Regardless of what lawsuit the Grace Foundation files, Grace was actually being represented by Wells Fargo Counsel Timothy M. Ryan in the past, and Grace does not know the story of this case in regard to actions of the bank attorney against the property owner who was then accused of abuse by BOTH the bank attorney, and the Grace Foundation. That might be because Grace listened to Judith St. John, co-owner of the land parcel, and who is the former girlfriend of the land owner. Almost like listening to 2 sides of divorce?
The REAL issue in this case is apparently predatory bank practices coupled with errant actions of the Wells Fargo attorney directly involved– which include AMPING UP allegations of animal abuse to fuel his (Wells Fargo attorney Tim M. Ryan) personal vendetta against the land owner who had the horses. Grace subsequently appeared to defame land owner, with her graphic video and publication of assertion of owner’s guilt, while attorney Ryan did his own publications nationwide online, making sure owner was called “horse murderer.” Banks then PAID Grace to take the animals. Minimum $40,000 or possibly $80,000 or ?? The exact amount is not known.
What this attorney did in attempting to gain the owner’s land parcel [which had no lien or mortgage on it] for Wells Fargo/B of A, as servicer, was, from the documents filed, and from the actions taken, not legal, nor appropriate. By implementing numerous legal documents intended to wear down the land owner, who is pro se, this bank attorney worked relentlessly with the Grace Foundation to push the District Attorney to file charges, and then attempted to represent that he (attorney for Wells Fargo) was taking the land parcel for an “equitable lien/mortgage.” There is huge evidence of this taking place over many months.
Not only did this attorney NOT take the steps required to prove up an equitable lien/mortgage, he never had the steps in place to prove up the ownership of the land in the first place. Wells Fargo had never filed a lis pendens which is normally the first step to prove up. The attorney Ryan never obtained a valid order over one year’s time, to sustain Wells Fargo’s right to any “equitable lien/mortgage” and to this day, does not have a valid order for it, nor a judgment, nor can a judgment even be properly recorded for a host of legal reasons. Other attorneys representing the different parties in the land lawsuit have opposed attorney Ryan’s “order” and there is no valid order in existence.
The land owner’s property was not in foreclosure, nor did Wells Fargo file for foreclosure. Attorney Ryan got the owner’s animals seized ex parte, via a “receiver” that was bogus (because he (Ryan) was actually acting as the receiver, she [appointed "receiver"] was just a figurehead) and the banks PAID the Grace Foundation to TAKE the animals. Lassen County did not pay Grace Foundation to take the animals. HOWEVER Grace did not take the animals until nearly one month later, thus indicating that “medical” exigency alleged, was nonsense.
This so-called “receiver” which attorney Ryan got appointed, allowed the owner debtor’s personal property/possessions to be converted, stolen and left without any inventory or accounting (required by the courts) having been performed. This so-called “receiver” would not let the owner-debtor touch, take, or even VIEW his own property. And we are not talking about the animals. When the United States Trustee attempted on at least two occasions to set up the viewing and retrieval for owner-debtor, in Lassen County, the Ryan firm attorneys/”receiver” refused to allow owner-debtor to set foot on the property to see, view or take his own property. Debtor-owner has never seen his own property since October 2011, despite having bankruptcy protection.
The Ryan Firm including Timothy M. Ryan squelched that for each and every attempt despite the U.S. Trustee’s attempts. Obviously the Ryan attorney[s] must be held responsible for this incredible, unbelievable nonsense. This is not simply errant behavior, it is over the top incredulous, never before seen, purposely done in an attempt to drive the debtor-owner into the GROUND. That is obvious and pathetic at the same time, that ANY attorney could engage in such conduct.
This is the attorney firm that represents Wells Fargo………
This is the Ryan Firm website:
Lassen County has little or no record of animal control taking the animals or seizing, it was the bank attorney that had the seizure documents done, with Lassen County participating in overseeing it apparently since Lassen County was present on date of seizure in August 2011, almost 30 days after the exigent medical seizure ORDER, which was in July 2011.
Obviously it was NOT an exigent circumstance, nor was there a warrant– but the Wells Fargo attorney drafted it such that it was under immediate “medical” seizure conditions.
This is a due process violation no matter who set it up, no matter what bogus nonsense was crafted to execute it, no matter who got paid to do what. This is called illegal from the get-go, and should NEVER, NEVER, NEVER be tolerated. The misconduct appears to be knowing and willful, and carefully calculated. This was certainly NOT an accident. It will now cost the banks a pretty penny which we all know they have. But it didn’t need to happen, and such behavior should not go unchecked.