Below is one of the few “news” online sites, attempting to grapple with the horse seizure case out of Lassen county. The case is difficult even for attorneys that are not familiar with mortgage banking lenders’ bad behaviors, and the case involves civil, criminal, animal law,bankruptcy,foreclosure law (judicial and non judicial), government law,eviction law and likely more.
If you read the linked article, you will not likely understand the case correctly.
However, we can explain the case.
Background: Horse owner owned 54 acres of land with improvements, sold 14 acres which purportedly contained the improvements, to another. Subsequently, it was found that the improvements were not actually on the 14acres, but were on the 40 acres still owned by horse owner. New owner tried to contact lender to fix boundary errors, lender(s) ignored new owner, failed to respond. This clouded the title and no refinancing or other financial transactions could take place. Rather than helping to straighten out the error, both banks (Wells and B of A) did nothing.
New owner forced to sue banks to clear title. Banks claimed they had non monetary interest. Court held them to eventually answer but rather than fixing the errors, they instead had Timothy M. Ryan of Anaheim CA. spend years on the case trying to get both the land and the improvements for the banks.
How Ryan did this, was to use improper legal steps and improper legal actions, some of which are now on appeal. During the improper steps, Ryan had his Receiver (which Ryan got appointed) to allegedly seize horse owner’s animals via an ex parte motion in court. No opposition was allowed, no warrant was used, no deprivation hearing was actually allowed. Then, because the Receiver got horse owner kicked off his own property and had order to seize the animals, horse owner filed bankruptcy. However in the bankruptcy hearing, horse owner’s attorney [who made a special appearance and is not owner’s attorney now] did not appear to TELL Judge, that an illegal seizure was used to take the animals.
So bankruptcy judge just assumed it was all a legal process, even though Ryan had filed false declaration or documents concerning this issue. This is realized because the Grace Fdn.’s vet, who supposedly did the declaration, has allegedly reported to the State Bar/United States Attorney Eastern District, that Ryan used the vet’s declaration to create a fraudulent, adulterated document– or something close to that.
Furthermore, it has been discovered from investigating court documents/files, that Ryan not only created misrepresentation in bankruptcy documents, he created a slew of issues in his own documents within Lassen County, for example, claiming to have a certified deposition transcript, but with different signatures (there was NO certified deposition transcript) and then having the transcripts appear to be different numbers of pages in one instance, but not in another, and then USED that document to claim owner admitted to starving horses? Ryan doesn’t know anything about horses, much less the potential poison that could be used on horses. There is so much substantial+ material, improper legal procedure/more by Ryan–it can hardly be counted. A high number.
Then there is the fact that Wells Fargo claims it was the beneficiary, but now Bank of America says it is the beneficiary, whereas before, Bk of America said it was only the servicer. Wells Fargo filed a $500,000+ claim in the owner’s bankruptcy, but Wells Fargo isn’t the beneficiary? In summer 2012, Bank of America stated in news story online, they did not own horses or land horses had been living on. Well then, what the hell did the banks own if anything? That is the question. They likely didn’t own anything, and if they did, they are having trouble proving what they may have owned. Thus, Ryan comes in to save the day. As we can see, he definitely bombed out.
Now no one can really expect a news writer to explain what happened legally since they are not attorneys and don’t really know what happened. Grace says they think the “bank” owns the horses. Lassen County never says anything because they are the ones that purportedly took the horses from “Receiver.” Admitting anything there would create liability potentially.
Let’s make one thing clear. One CANNOT seize or take or surrender property (such as the horses) that one does not own, that one does not take via legal methods, and where one has no authority to seize. Seizure of animals normally has a protocol. An alleged “foreclosure” [of which there was no such foreclosure because Ryan could not get one] — does not suddenly change California law. A wrongful deprivation of property is wrong, no matter how one did it. Once the seizure is wrong, anything after that is wrong. One cannot give title to someone when one does not have title. One can transfer physical possession, but that is not title.
So the banks cannot and do not own the horses, BUT the bank attorney is responsible for having the bank Receiver TAKE the horses [on paper] on purpose; Lassen County allowed it; and Grace ended up with the animals, PLUS got paid to take them. In that scheme of events, Grace knew the seizure was not done correctly, because if it had been done correctly, Grace would have ended up eventually owning the horses because the owner would have been unable to tender the required fee for storage under CA law– usually that is determined very quickly, IF the seizure was legally done.
Because the seizure was improperly done, the ownership of the horses did not just remarkably transfer as a miracle. Nope, the ownership did not transfer, either with or without the bankruptcy. The bankruptcy only indicates that the Judge thought the horses were gained via a proper process. It was not, and it was never a proper seizure, period.
Therefore– regardless of what Ryan did to ruin every aspect of the case, Ryan had the animals seized/surrendered to his Receiver, who allegedly gave animals to Lassen County, who then alleged to give them to Grace. Unless Grace can prove ownership (which she cannot) then she doesn’t own them and neither does the banks. It doesn’t matter if bankruptcy judge allowed state court judge to do what state court judge wanted to do, as state court judge ruled that banks could give horses to yet another rancher in Susanville. Grace hired AR attorney from SF to stop that transfer. That state court judge (Girodano) has recently recused himself from the case. Thank goodness for miracles.
The bottom line is that from day one, the animal seizure/surrender was improper [Ryan knowing mistake]; Lassen County should have know that [mistake] but Lassen allowed Grace to take horses [mistake] By any type of logic, it is not possible to see how such seizure transformed into a legal taking. It did not. Instead, Ryan used the illegal taking as a springboard to decimate owner. This is all spelled out in bankruptcy court documents.
The taking of the improvements without proper evictions was wrong. Nearly everything done was wrong. Because the court files are fairly large (over 14 volumes perhaps), no attorney is going to read them without being paid something. and because the case is considered “messy” because a previous TRO was granted against owner’s ex partner, and then ex partner’s new boyfriend dies mysteriously, maybe due to same poisoning used on horses by perpetrators, and because allegations of “abuse of animals or negligence” were levied, most attorneys wouldn’t touch the case with a ten foot pole, even if given a good sum of cash.
When taking the illegal seizure issues with the improper non foreclosure issues, and then the debacle of Grace fighting to not allow horses to be moved, we can see where this all stemmed from– and the common link is Timothy M. Ryan and his improper legal tactics. An attorney who is willing to wade through the mess that Ryan created could see this is true, not false, not a story, just the truth. Since it is the truth, there can be no claim of defamatory content. There are very very few attorneys willing to try and wade through the morass of baloney filed by Ryan in Lassen County.
Sometimes only a few words would be changed out of 75 pages; sometimes it would be the same. Who the hell has time to check/recheck a legal pleading for exact words, when that document has already been submitted? Why are documents missing from the Super file? Why do the documents not match up with the Superior Court central dual index? Why are there proofs of service for documents that were never served?
Well, it’s not rocket science, is it.