Even attorneys can become victims of foreclosure, fraud and improper loan activity.
For example, a veteran city employed attorney was renting pasture land for her animals. The landlord told the attorney she could still allow the attorney to keep animals on the land, but had to raise the rent. Unbeknownst to the attorney, the landlord had taken out the maximum loan on the property, and was not even paying the mortgage. Eventually the attorney finds that the property was on a notice of default, and her animals and tenancy were threatened; then it seems the landlord actually admitted that she had never applied any rental payments to the mortgage loan.
In another case, another attorney had helped a client with catching up a very small arrears, and had satisfied the reinstatement. Yet the bank purposely ignored the reinstatement, and defaulted the loan, without proper notification of public sale, and then supposedly claimed to have quit claimed such property to another. The third party then moved to oust the owner from the property, but the court did not know where the owner was, so the court claimed the attorney for the owner was a psuedo holdover tenant, and that meant the third party could take possession of the party even if the owner or any other tenant was not there, nor verified.
These types of cases are increasingly being seen nationwide, where the banks simply do what they want without fear of any harm. It is very very sad when the mortgage banking industry can simply do anything they like, without repercussion, and then claim they are simply doing what they need to do to keep the status quo. In the meantime, housing rent and the price of housing has not really decreased when we consider what the economy is doing currently.
On an update of the national horse “abuse” case out of Lassen County, The Grace Foundation has hit some difficult legal times. The bank attorney Timothy M. Ryan, who caused most of the legal problems in Lassen County, filed a countersuit to Grace’s lawsuit against him. Grace did not obtain counsel quickly and did not answer discovery promptly, instead Grace marched into Lassen State Court and tried to intervene on the horse using a bailor bailee issue. Ryan had already moved the case against him by Grace to Orange County. So now Grace has a firm from San Diego moving against Ryan on anti slap (which Grace subsequently loss, and it is on appeal)– and then Grace has a Los Angeles firm against bank attorney Ryan, where Grace recently loss on a discovery motion and all “admissions” were deemed admitted AGAINST Grace [which is catastrophic] but Grace’s attorneys are trying to change that currently. Then in Lassen County, Grace had SF animal law attorney Garcia move to intervene [as just mentioned above] and the new judge denied the intervention.
What does that mean as to the horses that Grace still has possession of, since Grace refused to allow them to be moved to Lassen County as per the December 2012 order? We don’t know. But when we find out, we can update.