Real Estate Litigation Information

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Wednesday, November 9, 2016

Crazy, man crazy!


A Mysterious Deed of Reconveyance, mentioned below
We invite you to spend a few minutes with this timeline, starting with the toxic grant deed that shredded the lives of a couple in their late eighties, dupes of their own flesh and blood. Keep scrolling, and you'll know the whole sad tale.

Timeline
First up: the grant deed that started it all. Rule of thumb: never sign a grant deed without the valuable consideration staring you in the face and a contract that says the valuable consideration is yours, and what will happen if either party doesn't perform as contracted.
llc

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A big cash-out re-fi . What does he spend it on? (We don't know. Do you?)

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Borrowing another $65,000; the equity is there, even if Chadd has no credibility. That's how private funding works.

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Squeezing out the last drop of collateral value. He's at about 60% loans-to-value, and the tap is turned off.
ltv
He's renting near Las Vegas. He's in a house in Nevada that was bought in a short sale by a couple who lost their own property to foreclosure in New Mexico.
Current theory: Tomaszewski paid these off. Would Chadd have had a say in that?
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Trouble brewing with the Val-Chris loan, and it's not pretty. Chadd won't get a phone call about this.
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The dreaded trustee swap. Always followed by a Notice of Default. But who Coast Capital Group?

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Hold on. The trustee is owned by the guy who owns the lender?

In this case, the lender and the trustee were not just affiliated, they were small companies owned by the same man. Of course, he and his trustee alter-ego were off the stage when the notice of default was filed, but strangely enough, the new trustee doesn't seem to know that. Val-Chris, which was supposed to be the former beneficiary, is still named as the beneficiary in this notice of default.
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Yup, an N.O.D. I hope he doesn't let the house go for want of $3000. But isn't Coast Capital Grout the beneficiary? Why does it say Val-Chris is?
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Whoa, he let it go.

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Sitting pretty, and unaware that there's going to be a title war over the property. If there hasn't been one, there should be.

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Who's declaring bankruptcy here, the man or the LLC? Looks like he's going to limit his liability by filing as the LLC.

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What? He even screwed up a Chapter 7 bankruptcy.


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Thursday, September 8, 2016

Sideshow: Another Weirdly Obsessive Foreclosure Blogger

Sorry to say I don't have any news about Hank and Helen that isn't available on the GoFundMe. It's not clear to me that the dodgy loans and lenders and the irregularities in the foreclosure are being challenged by someone on Hank and Helen's side. I hope to hear that they will be.

(This LINK takes you to the home page of this blog.)

I did come across a fascinating blog that gave highlights of a foreclosure as told by renters in the dwelling, who wanted to buy the house before and after it sold at auction. Here's the spoiler: there was no denouement. The narrator posted on June 26, 2013, and not again. But she left a clue, and it all tied up nicely in the end.

The blog is here: https://suckersinscamerica.blogspot.com

The house is here: 3558 Seafarer Drive, Oceanside, CA


When the blogger leased the house it was owned by a couple with a Czech surname, Hreha. (That's nothing. I have a great grandmother with no vowels in her maiden name.) The Hrehas sold up in Fallbrook in 2000 and acquired their Oceanside folly in a year not listed on PropertyShark. They're not big players in the story, really, but you could say they lit the match. I don't know if they were living in the Oceanside home when Google went by and captured the bubblicious buggy. Things hadn't completely gone to crud at the dawn of 2007, but by December there would have been a lot of Corvettes on Craigslist, priced with pleas like "take over payments OBO."

The Hrehas split the scene not long after the blogger, her mate, and their child leased their house, happy with a two-year term that might or might not have stood up in court, if the Hrehas were already in arrears or worse when they wrote it. Regardless, all Hrehas were AWOL, and then it was trustees and trustee substitutions and threats and posted notices, until the fateful day when the blog spigot went dry.

I happened upon the blog while looking for a picture of a guilty pendejo called Ric Juarez who once or twice inked his moniker on documents meant to frighten me into surrendering something worth nearly $1,000,000, into which I'd sunk close $300,000. His name-scribbling career is funded by a law firm that was mentioned at least once in the Oceanside blog, and those maricones had the audacity to violate the stay I thought I had in my bankruptcy case. More than once.
Hang on. I do know what happened.

The blogger and her man didn't buy the Oceanside chalet. It was purchased for $378,000 at the end of December 2103, by people who might not even know what went on with the property before it was finally listed for real. The husband is some kind of egghead researching cells and DNA, though, so they probably searched the web for the address before they went all in. Eggheads do that. Mr. and Mrs. Egghead snagged a nice deal. Based on dollars per square foot, the house on Seafarer Drive must have been worth somewhere in the mid-$600,000s. (That's gleaned from the rightmost column of the following table, by averaging the values for 2013 and 2014 shown in the third and fourth rows.)


It was the story of a zero-gravity tug-of-war over something as abstract as home and as solid as earth but only of value to the contestants in the long run depending on patterns of ink dots on leaves of bleached and flattened wood pulp.

It was from the point of view of a renter who had plenty of skin in the game, but wasn't plagued by the self-cursing that surrounds losing something one once owned. Instead, she was saddened by difficulties she faced in getting something she wanted. Like the best of the foreclosure bloggers, she became fascinated by the blatant extra-legality of the goings-on and got good at researching the all-nasty entities that moved in and out of focus, claiming more or less enthusiastically that they owned the place and that they would or wouldn't sue her or sell it to her.

Maybe she and her partner took cash for keys, if there was any, and moved out physically and mentally. I hope they found secure lodging and I must say thank you, and congratulations. The blog was a good read, and it's a pleasure to see someone take the bull by the horns and push back against the beast for as long as this blogger did.


It took a few more minutes of research, but the blog did conclude, after all. The blogger's profile picture changed, on June 26, 2013, to a photo posted on G+ that day. The un-Oceansidey trees are the giveaway.  One more jump onto the 'Shark, and the fuzzy was in focus.


I hope they love Fallbrook as much as couple of my friends from San Diego did. They moved there after university to raise a family. The cynics railed, but they were firm, and they were right.

I wonder if the Hrehas regret leaving. Someone else can investigate that. It's a 6.2 mile drive for the blogger, but I don't see her wanting anything from the past.



Wednesday, August 24, 2016

Who has Hank and Helen's Home?

Welcome to Who has Hank and Helen's Home?


Introduction

Chadd's new haunts?
(Click to enlarge, but why?)

Friday, August 12, 2016.
Revised upon receipt of new information August 16, 1:59 a.m.
Edited without substantial change in content August 22, 10:59 a.m.

On these pages, you can get to know a little bit about the people who chose to make life miserable for a couple who'd been ill-used by their own grandson, Chadd-with-two-Ds Everett Moore. He's the first of the people, but I doubt Chadd got much more than a lifelong migraine out of life crisis he caused his grandparents. It's not clear that he meant to do harm. He seems like a first-class loser who thought he could make money if someone would just give him some to start with, but that's the wrong mindset. If you're good at making money, you make it, you don't take it. He apparently lives with his mother in Simi Valley nowadays,  anonymous sources say. Not that it's anything but noble to live with one's mother, but it's a bit of a come-down for a would-be international financier. If I were his mother I'd sleep with my pocketbook under my pillow and a deadbolt on the bedroom door.

There are photos of Chadd Moore in a mainstream news article, but I don't feel like posting them. He's just a washer, not even a cog, in a crushing money machine that treated him as badly as he treated his grandparents. The men and women turning the gears, one of whom sent an attorney to cry poor for him outside the courthouse where a judge recently postponed, for the third time, his selfish foreclosure eviction of the Kaweckis, are the bad guys. They've been slavering over the Kawecki's lovely dwelling since the day Moore made the mistake of transacting with them. (Poke around the site to see how they live.) Sure, there was a news story that says Chadd tried to sell the house at one point. That's pretty dastardly, but like his other efforts, it came to nothing. Others in the chain of events were more effective. So, Chadd be damned.

The tales is best told by the documents that were the instruments of Hank and Helen's loss. For an all-inclusive overview, you'll do no better than to visit the timeline.


Where to start? At the end, assuming that you already knew about the elderly couple that made a terrible mistake after finding their income inadequate to their needs. Apparently unaware of reverse mortgages, and owning a million-dollar, paid-for home, they availed themselves of the next best thing. They signed their house over to their grandson. He promised to parlay its equity into some serious cashflow, affording them a healthy monthly income and himself a bit of pin money for his trouble. He borrowed against it in a series of deals with ruthless hard money lenders and lost it, quite mysteriously, when what seemed like a minor and curable default led to foreclosure. The buyer was one of the lenders. That guy sold it to a wealthy middle-aged couple and the Kaweckis moved to a trailer in a mobile home park.

The first loan. 

Artist's conception of Val-Chris
Don't click unless you want it to enlarge.
Meet Val-Chris, LLC. Val-Chris, as an LLC, seems to have oppositional-defiant disorder. The company has more stayed suspensions of license than I have ever seen for any professional entity in California. Who is Val-Chris?  Well, in spirit, it's Valerie and Christopher-Lloyd, the Boulters. (The company name is derived from their daughters' names, not from their own names, and for what it's worth, Valerie seems to have bolted.) Val-Chris was the lender that originally made a loan of $47,500 to the Kawecki's grandson. They then stepped aside and allowed Chris Tomaszewski of Coast Capital to become the beneficiary, sort of. Maybe they sold the loan to Coast, but it's hard to say. (See the paper trail. Perhaps you can figure it out.)

Val-Chris really didn't make out too well, unless they got a cut of Mr. Tomaszewski's take. They might have brought him in as the bagman; maybe they weren't in a position to foreclose. Val-Chris, with so many sanctions by the California Board of Real Estate, might have wanted to stay out of the limelight. A foreclosure might have looked a sure bet, so its possible that Mr. T paid them bit more than the loan's face value. But if all Val-Chris did was lend money to Chadd Moore, even at 10%, they would have made less than $5000, because the loan only lasted a year and Moore was in default nine months after the deed of trust was recorded.


Click with your eyes closed.
Chadd Moore and Val-Chris don't stand out as big winners in this deal, so let's consider Coast Capital, owned by the handsome and charming connoisseur of fine timepieces, Chris Tomaszewski. Wonder along with me on the question of how he got his snout in the trough, and meet his lovely wife. And he did very well. When Chadd E. Moore defaulted to the tune of $2,918.44, Chris Tomaszewski not only put the property up for sale, he bought it himself. Why he was not outbid is a question with an answer that matters. A property worth well over $700,000 does not usually sell for $89,000. It's true that there was another encumbrance, but it wasn't for $600,000.

Update: A story in the renowned Simi Valley Acorn has come to my attention. It looks like Tomaszewski borrowed $450,000 to buy the property, and has a loan payment of $6000/month. 10 years at 10%? That's his problem, not the Kawecki's. Acorn's Becca Whitnall was outside the courthouse at the end of July when a judge had just granted the Kweckis another 60-day stay of eviction. Be prepared to feel very sorry for a man who collects $100,000 wristwatches. This is what Ms. Whitnall heard:

Click to enlarge.
Realtors will eventually get their cuts, near the jugulars of the humble Kawecki's necks, but at the moment the home is not on the market. However, it was listed by a Keller Williams agent long enough for the MLS pictures to propagate into various brokerage's web sites. Below is the Kawecki's bathroom as seen on Teles Properties' web site. Their rep was not terribly forthcoming when I asked her what I thought were fair questions.

Those aren't Hulk Hogan's bath towels, folks.
Click to enlarge. 
When the home is back on the market, Chris Tomaszewski stands to turn a handsome profit, if anyone will buy the tainted property from him. I pray that not a soul on this planet will give him a red cent for it. He paid $89,000 and will have no trouble turning it around for some serious bank. (It is possible that he was saddled with the $360,000 loan that Chadd took out against the property just after he took title, but that's not documented anywhere yet, and there would still be a couple of hundred grand in profit.)* The Kawecki's home was briefly listed for $719,000  by Gregg Bruno of Keller Williams, but it is currently "off the market." Smart move, Gregg-with-two-Gs. Selling the Kawecki's former home really is not cool, and you seem like you want to be seen as a cool guy. I mean, you voted for Obama, didn't you?

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*The Simi Valley Acorn says Tomaszewski owes $450,000, so it looks like he bought the loan, and the $65,000 loan, from the lenders who made them for close to face value. Was Chadd current on his payments at the time? If so, the Polskie should be mummified after his natural passing and mounted on something tall in Times Square as a monument to greed.

A note to the Chrises of this world, be they Boulters or Tomaszewskis: 

So what if a borrower can't pay the note for a month or two? Know what? So what if he can't pay it for a year?



A year of payments is $29,000
The lender expects to take in $859,348  over the thirty-year term.
$29,000 is 3.3% of $859,348
In what other business is a discount of 3.3% such a big deal? You can get 3.6% off MSRP on a brand new Accord just by supply a false name and throwaway email address.


Of that $859,000, $359,000 is the interest, which is pretty much the profit. 
$29,000 is still insignificant in comparison. It's 8% of $359,000.

So why is Tomaszewski being such a sow about it, foreclosing instead of working something out with Moore, the Kaweckis, and their supporters? Because he can make some chump change. Enough to buy another fancy watch. Wow-just-wow. Check out his modus operandi, as laid out on LinkedIn, presumably to attract capital.

If he bought all three loans at face value, he'd have less than $500,000 in it. Apparently he borrowed to do that and has been burning $6,000 per month all summer 😫. So he sinks six grand a month for twelve months, say, if things drag on that long, and some legal expenses, and maintenance and property tax. Call it $600,000. I still unmoved by his plight. He can spray the whole thing in Swiss Coffee, call it a mid-century modern, and get $800,000 for it, easy.

If anyone will buy it. 

There aren't many Americans who would pride themselves on making a petite $200,000 by pushing paper, driving around, searching online databases and yakking on a cell phone if it meant depriving an elderly couple of their home.

Chris Tomaszewski could re-fi that putative $450,000 at 3.5% for a payment of $2021/month, lend Chadd the same amount at 4.5%, and vigilantes could make sure Chadd never goes near the place, leaving Hank and Helen in place and accelerating the note after they both have gone to our Maker. He be forever associated with this story regardless of how it ends up, so why not use his great and mighty brain and come up with a solution where Chadd pays, he breaks even, and the Kaweckis are no longer crime vicrtims? It's entirely up to him in this great free country.

The Trustee's Deed Upon Sale

This is a trustee's deed upon sale. It's not a real deed. No title search has been done, so it's not proof of anything except that Chris Tomaszewski wanted the place so badly that he paid almost $90,000 for it. Maybe because it's worth $800,000?


Tuesday, August 23, 2016

Chris Tomaszewski's abandoned LinkedIn Profile: Part money man, part ladies' man

What's more fun than a blast from the past? Stumbling upon your abandoned social media accounts is usually good for a laugh, or sometimes a cringe. "Did I really wear/like/say that?" I found Chris Tomaszewski's abandoned LinkedIn profile. He might have the same reaction if he looked at it now, in light of the notoriety his purchase of the Kawecki home has brought him.

LinkedIn is a professional networking site, sort of a Facebook for your résumé. Tomaszewski's LinkedIn profile lays out the bare bones of his predatory loan purchasing and how he profits from it, tells us how he spends some of his excess cash, and, in a break-out move for a user of the impersonal, highly professional jobseeker's haven, informs us that he was single when he last updated it. I'll let the screenshots do most of the talking.

(Click image to enlarge)
You don't see many LinkedIn accounts with zilch for education. 

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I embellished them with graphics and photographs. He doesn't really have an oxygen-sucking vortex for his educational background, or a mail-order dating site as one of his personal interests.

(Click image to enlarge  and sharpen.)
Definitely on the hunt, then, fresh out of the second divorce, I'd wager. 

(Click image to enlarge  and sharpen.)

Look at those clever deals.* I like the second one especially. The homeowners owed $205,000. Coastal Capital Group, LLC, bought the pair of loans for $85,000. The people who'd made the down payment, a few years of loan payments, and who had maintained or enhanced the property were denied loan modifications, fraudulently, by banks and loan servicers. But Coastal can swing by, peel off 85 large, and walk away with their porch and kitchen and bedrooms and bathrooms because, well, because the federal government liked it that way.

I blurred the name of his team member, but left the association with FCI Note Exchange. That name came up in one of the loans Chadd Moore took out against the Kawecki's home. The teammeber work for an insurance company these days.

This is what was going on: If the homeowners of the Feb 2012 deal were locked in at 6% on a combined balance of $205,000, their payments were $1229/month. They had a 2006 interest rate, and they couldn't re-fi, because they owed so much more than their home was worth. That was because they'd paid too much, relying on the bank's appraisals, which were inflated. Everyone knew it but the buyers. We didn't know back then that huge, world famous companies like Bank of America would defraud borrowers and investors systematically and persistently, for years.

The lenders and servicers were pre-paid millions and millions of tax-payer dollars to deploy toward modifying their clients' loans, and they just sat on the huge piles of money.  

If the lender had dropped the loan balance to $85,000, and offered a typical 2012 rate of 4.5%, the homeowners payments would have dropped to $406 per month.  Inability to afford $1229/month does not imply inability to afford $406/month, but loan modifications were denied right and left, with families told they couldn't afford the payments. 

(Click image to enlarge  and sharpen.)

Chris hoped you'd be impressed at the performance of Coastal Capital Group, LLC. The illustration is  all the commentary I have to offer.

This is what a lot of those foreclosures looks like up close. There's a lot going on with no obvious purpose. Sometimes it looks like a game of hot potato with the deed shooting around from note-holder to note-holder.
(Click image to enlarge and sharpen.)
This was the tale of an inherited house, used as collateral on a loan, and eventually taken from its owner, who hadn't paid as promised.

(Click image to enlarge and sharpen.)
<strike>I'll try to find out what became of the borrowers whose properties were handed to the bloodsuckers at Coastal Capital. If I find anything, I'll add a post about it.</strike> I started looking at the properties on Shark that had Coastal Capital Group somewhere in their histories. The first few were short-term loans that could be costly if the borrower pad more that 30 days late.

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*There's a little trouble in the brains department, it seems. The list of deals (2) that was said to start in March 2012 included one that took place in February. And there are two misspellings of the very business he's in, uncorrected four years after he typed them in. 😱

Wednesday, August 17, 2016

Just a little bit of information supplied by a commenter who left this on another post:


The third member of the Boulter, Tomaszewski is a lady named Ariela Rotschild. When Boulter took the first loans of $360,000 and $65,000, he bundled them into one note and sold the note to Rotschild for $466,000. Then he did a $47,400 second and sold it to Tomaszewski.

There is such a person. She has a lackluster presence on LinkedIn.  And something did happen with those two loans. They were paid off around the time the $47,400 loan was made by Chris Boulter's Val-Chris.

Tomaszewki's lawyer says he he has a debt of $450,000. So...did he borrow to buy the loans from Rothschild?


Monday, August 15, 2016

The document timeline from ALLtheHARMS.COM


A Mysterious Deed of Reconveyance, mentioned below
[this replicates the current home page.]

We invite you to spend a few minutes with this timeline, starting with the toxic grant deed that shredded the lives of a couple in their late eighties, dupes of their own flesh and blood. Keep scrolling, and you'll know the whole sad tale.

Timeline
First up: the grant deed that started it all. Rule of thumb: never sign a grant deed without the valuable consideration staring you in the face and a contract that says the valuable consideration is yours, and what will happen if either party doesn't perform as contracted.
llc

Screen Shot 2016-08-15 at 5.13.44 PM
A big cash-out re-fi . What does he spend it on? (We don't know. Do you?)

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Borrowing another $65,000; the equity is there, even if Chadd has no credibility. That's how private funding works.

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Squeezing out the last drop of collateral value. He's at about 60% loans-to-value, and the tap is turned off.
ltv
He's renting near Las Vegas. He's in a house in Nevada that was bought in a short sale by a couple who lost their own property to foreclosure in New Mexico.
Current theory: Tomaszewski paid these off. Would Chadd have had a say in that?
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Trouble brewing with the Val-Chris loan, and it's not pretty. Chadd won't get a phone call about this.
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The dreaded trustee swap. Always followed by a Notice of Default. But who Coast Capital Group?

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Hold on. The trustee is owned by the guy who owns the lender?

In this case, the lender and the trustee were not just affiliated, they were small companies owned by the same man. Of course, he and his trustee alter-ego were off the stage when the notice of default was filed, but strangely enough, the new trustee doesn't seem to know that. Val-Chris, which was supposed to be the former beneficiary, is still named as the beneficiary in this notice of default.
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Yup, an N.O.D. I hope he doesn't let the house go for want of $3000. But isn't Coast Capital Grout the beneficiary? Why does it say Val-Chris is?
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Whoa, he let it go.

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Sitting pretty, and unaware that there's going to be a title war over the property. If there hasn't been one, there should be.

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Who's declaring bankruptcy here, the man or the LLC? Looks like he's going to limit his liability by filing as the LLC.

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What? He even screwed up a Chapter 7 bankruptcy.
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