In perhaps an almost unprecedented method, falling very short of what would be within the law in normal cities, a “HELLS CARGO” (aka Wells Fargo) hired attorney was unable to achieve, or refused to attempt ”foreclosure” by non judicial methods, which is the normal way residences are lost in California.
Instead, the Hells Cargo hired attorney turned to perhaps an alleged rents and profits “receivership” in order to try and obtain the residential property, combined with his attempt at establishing an equitable lien/mortgage. It would be one thing to attempt it, but it’s far, far more than just that. [Lest you not believe us, this case shows up in the first 10 pages on a Google search.]
This so-called know it all attorney then had the owner’s personal property seized by a so-called receiver (state court) who was instructed BY the attorney under the know-it all (same attorney firm) PLUS this alleged receiver had NEVER done a receivership in her life. As we know, a “court” appointed receiver does NOT work for a party, but is supposedly working for the Court. This receiver never filed an undertaking, and no return on OSC was done because the Court actually said it was not needed.
It was very obvious that in order to try and take the real property, the Hells Cargo hired attorney did not want to go the normal “foreclosure” route because quite pathetically, he would not be able to actually get it done. To partially get around that apparent obstacle, many allegations were levied against owner, both legal and otherwise.
He then turned not only to severely questionable, if not procedurally inappropriate actions, in order to set up an alleged receiver and an alleged “equitable” lien. It goes without saying that even if any receivership is established, there must be an underlying action to give rise to the receivership, especially in “ex parte” receiverships, which almost never occur in family residence mortgages. When the “receivership” was set up and Hells Cargo paid attorney tried to enforce contempt charges on owner (placing him in jail)— there was NO underlying order for an equitable lien, or equitable mortgage, since the Hells Cargo hired attorney, had not obtained a signed order.
When the county became involved with the Hells Cargo attorney, and the receiver, the county then obtained a so-called “rescue” group to physically seize and remove the property of the owner. [At that point, there was no signed order for an equitable lien or mortgage either.]
However, no appropriate notice or hearing was done for this seizure [per the applicable rules in California] on this type of seizure.
NOW the alleged “rescue” which took in a gross of $700,000+ as shown on their last tax IRS 990 form filed, claims that it cannot afford to keep up with the costs for hay and etc for the seized property. As we can see, failure to take the proper steps has its consequences.
Perhaps if the alleged “rescue” would refrain from buying animals at livestock auction by the pound, and just not take in so many large animals it “cannot” afford, maybe there would be extra money set aside so that they could handle it. Further, this alleged “rescue” also received a minimum of $40,000 just for the “seized” animals it took from owner.
That $40,000 (or possibly more) was supposedly given to the “rescue” by Hells Cargo/servicer B of A. That is the allegation at this point. But as indicated by the “rescue”– they spent that money a long time ago even though they seized the animals in July-August, and since that seizure, they managed to apparently KILL several of the animals in their care! Of course, they claim it was not their “fault.”
Folks, that seizure could be the center of some serious issues within this supposedly “foreclosure” because at the core, it shows HOW FAR a BANK’s hired gun attorney, can and will go, to take back property, AND to shut up the owner from talking about the illegal processes used by BANKS in their efforts to gain money quickly without following the proper procedures in the chain of title.
This is not disputed, as the entire USA economy plummeted as a result of the real estate loans, which then resulted in government bailouts.
Because Hells Cargo knows they do not have the proper title process done on the loan for this property, OR for the MILLIONS of OTHER loans in the same group.
The property loan is not in the owner’s name, plus the actual property boundaries turned out to be incorrect, placing the improvements on one parcel, but not on the larger parcel; and because there are three or more parties and about 4-5 lawsuits involved (including cross plaintiff/defendant actions), the Hells Cargo attorney started to take actions that were, for lack of a better description, likely not ethical, legal, or allowable.
This was done in a series of steps over time, and it appears that the main Judge hearing the case wants nothing to do with the case at all, and even when the owner had to file bankruptcy, the “Judge” didn’t even respect or know what a bankruptcy petition looked like, and said that it did not mean anything, much less would it stay an action by “Judge.” Now anyone who knows the power of the automatic stay in bankruptcy knows full well that the stay does not stop everything, but it does stop almost everything.
Well this “Judge” claimed in 30 years he had “never heard” of such a thing. That oughta tell you something. There is no other verification of the automatic (hence the word “automatic”) stay other than the filing of the bankruptcy petition which is time/date endorsed by the Court.
Moving along, the Hells Cargo hired attorney then set ex parte (in State Court), like almost all of his motions, a hearing on “contempt” to remove the tenants from the property. He has had owner jailed already for not vacating the property due to the “receivership.” This attorney claimed that his “contempt” was criminal and not subject to the stay. However IF it was actually “criminal” then we know that the Sixth Amendment would attach? This was not an ‘administrative’ matter.
However, attorney for Hells Cargo failed to get ANY of the tenants served, so that squelched the contempt hearing. For THIS time, anyway.
Hells Cargo hired attorney THEN began arguing an issue that he had not given ANY notice on, at the initial date he requested such hearing , which was a stack of documents (one inch thick) which he claimed was in reference to obtaining an ORDER to establish the “equitable” lien.
The “order” purported to give Hells Cargo/friends a first secured lien on both parcels of land [which had never even been signed by Judge, and it exceeded the actual order Judge did give originally in July] plus, to “reform” the “receivership” order, giving Hells Cargo and crew, a contempt right to remove tenants from the property.
Not just the improved property, BUT on owner’s land, which did NOT contain the improvements, and which is a separate parcel. Additionally according to the Hells Cargo hired attorney, he did not need to implement an unlawful detainer. The District Attorney and County Counsel do not necessarily agree with Hells Cargo’s assertions. [In fact the Hells Cargo hired attorney now thinks he can sue the city or county for failing to implement "the contempt" to oust the tenants.] Good luck.
Now if all of this sounds pretty far fetched and complicated, you would be correct. But the biggest weasel [in our opinion], is the Hells Cargo hired attorney that will do almost anything to make sure the owner cannot get Wells Fargo into more trouble due to their known lack of not following the proper rules for chain of title, not following the normal rules for notarizing documents, not following the normal rules for signers of documents to be genuinely who they claim they are.
Well. it seems the sheriff department refuses to evict the tenants by using the receivership order. So Hells Cargo hired guy goes back to Court yet again, to get some other kind of contempt order, again without serving anyone. Right about now, the District Attorney and County Counsel don’t believe one can be evicted if they had a lease agreement, so now the Hells Cargo hired gun wants to hold the county officials “in contempt.” Really??? We have it on good word that this Hells Cargo attorney might be facing extortion allegations for attempting to get a witness to testify against the owner of the property. Further, our sources indicate that this same Hells Cargo attorney has created a very bad track record for himself under oath during a legal proceeding which will come back to haunt him in the future.
It is probably not surprising to find that the gal from Las Vegas, who blew the lid off the fake signing of documents in NEVADA for loans, was just found DEAD the other day when she was supposed to appear in Court. The gal ADMITTED that 25,000 signed documents on loan title docs were fraudulent. Kind of like TV we would think, when witnesses are no longer alive to appear in court?