United First Class Action

9 Mar

On Saturday March 7,2009 a meeting was held for 200 plus victims of the United First equity save your house scam. At that meeting it was determined that a class action should be filed to recover the funds lost by the victims of the unconscionable contract.

As a first step an involuntary Bankruptcy is being filed today March 9, 2009. To be considered as a creditor of said Bankruptcy please Fax the Joint Venture agreement and retainer agreement to 909-494-4214.
Additionally it is this attorneys opinion that said Bankruptcy will act as a “stay” for all averse actions being taken by lenders as against said victims. This opinion is based upon the fact that United First maintained an interest in the real property as a joint venture to 80% of the properties value(no matter how unconscionable this may be) this is an interest that can be protected by the Bankruptcy Stay 11 USC 362.

9 Responses to “United First Class Action”

  1. lyleses07 March 31, 2009 at 7:15 am #

    Like the info. Good stuff.

  2. Raja April 15, 2009 at 7:13 pm #

    Please advise on the following order:-Please answer this

    A preliminary hearing was held on 04/01/2009 on the motion of Indy Mac to enforce a deed of trust against the real property located at ———.The chapter 7 trustee, who has filed a report of no distribution, did not appear.The debtor who filed a prose response to motion, appeared in person.The debtor’s response raises a plethora of arguments.The debtor has, however,raised a possibly meritorious issue as to whether Indy Mac is the real party in interest and whether it has standing to enforce the deed of trust. Resolution of that issue–to the extent it is not mooted by the granting of discharge to the debtor in the interim–will require an evidentiary hearing.It is ,accordingly,
    1. The automatic stay is continued in full force and effect pending the earlier of (a) the granting of discharge to the debtor or (b) the court’s ruling at final hearing—-which shall be an evidentiary hearing at which witness may testify—to be held on 05/06/2009 at 11:00am. If the debtor is granted a discharge, no further hearing shall be held, and the movant may submit for entry an order granting relief as to chapter 7 trustee and determining that the automatic stay has terminated with respect to the enforcement of Deed of Trust against the debtor’s interest in the property, but without prejudice to the debtor’s right to challenge, in any court of appropriate jurisdiction, the movant’s right under applicable non bankruptcy law to enforce the deed of trust.
    2. The clerk will mail a copy of this order , or give electronic notice of its entry to the parties listed below.
    Date 04/09/2009 Sd—
    United Bankruptcy Judge
    Entered on Docket:04/09/2009

    • timothymccandless April 15, 2009 at 7:19 pm #

      Need to see the moving papers so i can indetify Indymac as investor or servicer

    • timothymccandless April 19, 2009 at 6:24 am #

      A stay will be in effect as to this property till the discharge is entered at which time the stay will cease. The court is being careful so as to preserve your state court rights to challenge to procedure and or the parties standing issues in the conduct of a potentialy illegal sale ie. no legal satanding or perhaps the lien was not properly perfected. See (don deal 2) in blog

  3. Raja April 18, 2009 at 8:22 pm #

    This for Mr.Timothy Mccandles

    Sir I have faxed you the Bankruptcy court order,but did not get the response.

  4. Raja April 19, 2009 at 9:15 am #

    Sir, my discharge was due on 03/30/2009. On hearing in one day after this 04/01/2009 the judge set the case for final hearing on 05/06/2009. But the this order was received by mail. What should I do now please advise.

  5. Raja April 19, 2009 at 9:43 am #

    Mr.Timothy sir, Thanks for the response.
    1. Loan has already been rescinded due to non compliance by the lender after receiving the “rescission and demand letter via certified mail(I have proof i.e certied return receipt). Reg, Z was self imposed.
    2. After rescission the certificate of satisfaction with affidavit of non compliance was recorded in county lands record on 03/23/2009 when lender failed to response the QWR after 60 days.
    3. This rescission and demand letter was also submitted to Bankruptcy judge with the objection to lender’s motion and motion to compel.
    4. Please advise further what to do now.

  6. Raja April 25, 2009 at 11:16 am #

    This for Mr.Timothy Mccandless.

    Sir, If possible please answer this.

    a. Loan has been rescinded as lender did not comply the “Rescission and Demand letter .Reg.Z is self imposed.
    b. The debtor got discharge including mortgage in chapter-7.( debtor did not reaffirm the debt)

    Can the lender still come and foreclose the property. What actions debtor needs to do.

    Thanks and Be Safe


  1. Timothymccandless's Weblog - July 10, 2010

    […] United First Class Action […]

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