National Horse Rescue+Bank Foreclosure Attorney Suing Each Other
The Grace Foundation of Northern California horse rescue is suing attorney Timothy M. Ryan from Anaheim, Bank of America and Wells Fargo Bank who he formerly represented; attorney is being sued for malpractice and some type of fraud related claim, and the total sued for is $2 to $20 million.
Ryan is counter suing Grace for trade libel, defamation and interference with contract. The case was moved from El Dorado County to Orange County by Ryan. All of this over the wrongful seizure of horses by the bank attorney,using his “Receiver” and not following the law re animal seizures or seizures in general.
Essentially Grace took seized horses which Ryan obtained by filing a seizure order for his “Receiver” which was a rents and profits receiver, not an equity receiver. The seizure was basically illegal and the owner was never allowed to have a deprivation hearing nor opposition. Nothing. Grace was then PAID $40,000 or more for taking the horses. Grace worked directly with Ryan the bank attorney, and they secretly worked to make a case against the owner, behind closed doors. Then then personally as individuals, and jointly as a team, went on a huge PR marketing campaign to defame the owner in the media, Facebook, online news, TV interviews, etc. Of course this resulted in owner being decimated in the press.
But even worse, the bank attorney took improper legal steps in allegedly setting up the foreclosure, as evidenced by the court records. The owner has recently appealed the case, after the banks forced owner off the land over a year ago, by using the Receiver to evict without doing any eviction at all. The banks never obtained ownership of the owner’s land, and it is questionable whether they even own the mortgage on the residence. Pretty much, the case is a horrific example of extreme attorney conduct, paired up with improper legal steps, then topped off by illegal seizure, and then the rescue which now claims they need to be compensated for not being able to sell the horses since the rescue never owned the horses, they were always the owner’s property, but the attorney claimed that the Receiver seizing them made the horses the property of the county, which was not true.
New Bad HSUS LAW in CA says Rehoming, showing, display, transfer or giving away of any animal = animal abuse [SB917,formerly named AB1122] But “not” if you are an alleged ‘non-profit’…….
Update: The law SB917 passed in CA and goes into effect 2012.
The wording of the law has serious implications and could indicate seizure of an animal in situations such as outside a vet’s office, during the dog walker’s walking your dogs, in a park with 5 dogs doing agility, outside during a meetup where a group of dogs are talking about selling their proven dogs, and countless other situations.
What this means is that those who do not want any animals rehomed or sold may instigate complaints so that animal control would seize animals even without any proof.
Wording of the laws indicate a mandated punishment of 5/10 years if convicted as misdemeanor.
Many examples of how this law (which appears unconstitutional) can be seen on petdefense.wordpress.com