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Irwin Law
Irwin Law, Attorney
Category: Legal
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Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I need to file a Lis Pendens in Dekalb County GA. Can you

Customer Question

I need to file a Lis Pendens in Dekalb County GA. Can you please direct me as to how to do that?
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
Hello and thanks for sending us this question. Filing a Lis Pendens requires an actual lawsuit over title to real estate being on file. Is that your situation? If so, then the Lis Pendens notice is usually recorded with your County Recorder or is filed by the County Clerk in a separate Lis Pendens entry book. Either office can tell you where to file it. Here is a sample form from CA. They are fairly standard, but you might want to look at one that has already been filed in your county and copy it: http://www.scribd.com/doc/38905981/Lis-Pendens-Sample
I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.

Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4719
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. In my case, which is an odd one, my property was stolen from me and it is both criminal and civil in nature. The DA has not been able to prosecute as of yet but assured me that she would. The person who stole my property....using a fraudulent quit claim deed.....actually turned around and sued me civilly because I refuse to furnish a power of attorney to him. It's a long story but yes there is a civil case....not file by me and there's also a criminal case....for fraud and forgery. Is that good enough? I don't have a lawyer and can't afford one.

Expert:  Irwin Law replied 1 year ago.
In the case you describe, if there is a civil suit to void the fraudulent quit claim deed - either an original suit by you, or a counter-claim to their suit,that would justify filing a lis pendens. The purpose of the LP is to warn people that the title to property is being contested in court, so they can't buy it and claim they didn't have any notice of a claimed defect in the seller's title. Note: Generally, a criminal case for fraud or forgery might not be sufficient to support a l/p notice. It should be a civil case in which title to the real estate is specifically challenged. I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4719
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

There is no original suit filed by me. Only my answer to his suit. I'm not sure what the difference between an answer and a counterclaim is.

Customer: replied 1 year ago.

And in my "answer" I asserted that the quit claim deed was fraudulently obtained. Does that meet the requirements to file the LP? Also, do I need a lawyer to do it? And if not, you recommend I just called the clerk of courts and ask them?


 

Expert:  Irwin Law replied 1 year ago.
I don't know exactly what the complaint says or your answer. Without that, I can't tell you if you've sufficiently raised a question of title, but it sounds like you have. If you asked the court to declare the deed null and void, I believe that would be sufficient to establish a question of title. You don't need a lawyer to file the LP, but you might need one to prove your case to void the deed. The most important part of the notice is the street address and legal description of the property, so that anyone who searches the title will be directed to the lawsuit over the deed.
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4719
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I've for sure raised a question of title in my answer. There is a fraudulent quit claim deed. FRAUD. So is an "answer" the same as a "counterclaim"? I answered that it was fraud and gave lots of evidence. The District Attorney is prosecuting for fraud as well. If you'd like to look it up I can provide the case # XXXXX you are welcome to. There are several things that need to happen in order to fix this and the first one, I'm told, is the LP so the property isn't foreclosed. Then I can file to have the quit claim reversed and resolve the financial situation with the mortgage company and get my property back.


 


I have not asked the court to declare the deed null and void because I don't know how to. I've only answered this ridiculous lawsuit with claims that it IS null and void AND fraudulent and provided proof. I don't have the money for a lawyer and so I'm doing the best I can to get this taken care of and that's why I pay for this service.


 


Again, so you recommend that I purchase a fill in the blank form, then contact the clerk of courts and ask how to file it? That doesn't sound like good advice to me.


 


And which court is it by the way? Magistrate, Superior, State? I need some serious direction on this. Please help me. Tell me exactly what I need to do rather than tell me to call someone else. Thank you.


 


 


 


 


 

Expert:  Irwin Law replied 1 year ago.

Hello again. I sent a response yesterday evening, but I now see it did not make it through cyberspace. Here is information on filing the LP in Dekalb Co and a free form to use. http://www.southernjudicialcircuit.com/selfhelp/divorce/noticeoflispendens.pdf

Just take out the phrase about divorce and put: "... demanding that the deed from _____to _________, dated ____________, recorded on __________, be declared void.


I have not asked the court to declare the deed null and void because I don't know how to.
Some state rules requires that a claim for affirmative relief by a defendant must be stated in a designated counterclaim which is separate from the Answer. See: http://law.justia.com/codes/georgia/2010/title-9/chapter-11/article-3/9-11-13/ To be on the safe side, you should probably file an Amended Answer with a separately titled paragraph stating a designated counterclaim against the plaintiff. http://www.smartrules.com/states/Georgia/DeKalb-Superior/Amended-Answer-1338-21-0.html The counterclaim would set out all the facts about the deed and the reasons why the court should enter a judgment that it is void. You have to provide enough details of the transaction (not evidence or conclusions like: 'he stole my property', or 'he defrauded me') for the court to understand exactly what you claim the other party did, and what the trial is going to be about. The plaintiff in the suit will have to answer the counterclaim just has you had to answer the complaint.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4719
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

So should I file the amended answer and the LP at the same time or what exactly should I do? Also I should note that I live in Texas now and this is not easy for me so I have to get it right the first time. Thank you for your help.

Expert:  Irwin Law replied 1 year ago.
I see your problem. First send the amended answer with a copy and a return envelope for a file stamped copy to be returned to you. When you get the file stamped copy back, then send the LP notice to the clerk of the court for docketing in the proper place. Also, send a copy and return envelope for that too so you'll have evidence that it was filed.
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4719
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Great! Thank you!

Customer: replied 1 year ago.

What does an amended answer with a counterclaim look like? Do I just add another paragraph and the end that says "counterclaim?

Customer: replied 1 year ago.

The links you sent me....one I can't understand the language. I need to know in plain english what to do. And the other one wants me to join their site for $60. I can't afford that. I'm attaching my answer to the civil case. Please just let me know if I can file the amended answer in the first place and what it needs to look like. From what I just read it sounds like my reason could be ommittance and that might be the easiest thing? I don't know how to do this? Is there a for to fill out or what? I'm attaching my answer for you to look at and tell me how to add a counterclaim.


 

Expert:  Irwin Law replied 1 year ago.

I don't see an attachment to your last Reply. I will not be on line again until tomorrow morning.

Customer: replied 1 year ago.

Superior Court of Fulton County


 


 


CIVIL ACTION


 


FILE NO.: 2012CV222199


 


ANSWER


 


Shannon Reynolds,


Defendant


 


-versus-


 


Mario Moceri,


Plantiff


 


COMES NOW the Defendant, Shannon Reynolds, REPRESENTING HERSELF WITHOUT COUNCIL because she has been robbed of all her property including her personal residence, furniture, clothing, and family heirlooms, in answering the allegations of the Complaint on file herein, affirms, denies and alleges as follows:


 


Answering the allegations of Paragraph 1 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 2 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 3 of the Complaint herein, Defendant states that the facts of the paragraph are denied. See Exhibit 1


 


Answering the allegations of Paragraph 4 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 5 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 6 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 7 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 8 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 9 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 10 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 11 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 12 of the Complaint herein, Defendant admits to Paragraph 12.


 


Answering the allegations of Paragraph 13 of the Complaint herein, Defendant states that the facts of the paragraph are denied.


 


Answering the allegations of Paragraph 14 of the Complaint herein, Defendant states that the facts of the paragraph are true.


 


Answering the allegations of Paragraph 15 of the Complaint herein, Defendant states that the facts of the paragraph are true.


 


Answering the allegations of Paragraph 16 of the Complaint herein, Defendant states that the facts of the paragraph are true.


 


Answering the allegations of Paragraph 17 of the Complaint herein, Defendant states that the facts of the paragraph are denied. The company appears to be non existent and fraudulent.


 


Answering the allegations of Paragraph 18 of the Complaint herein, Defendant states that the facts of the paragraph are correct. However, the Plaintiff did not pay association fees, nor was he current on the utilities, which were registered in the Defendant’s name. He did make some improvements to the property but didn’t fully pay for them and as a result the contractor used for the improvements will be filing a lien on the property. See Exhibits 1, 2, 3


 


Answering the allegations of Paragraph 19 of the Complaint herein, Defendant states that the facts of the paragraph are denied. See Exhibits 1, 4, 5, 6, 7, 8, 9


 


Answering the allegations of Paragraph 20 of the Complaint herein, Defendant states that the facts of the paragraph are denied. See Exhibits 1, 2, 3


 


Answering the allegations of Paragraph 21 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 22 of the Complaint herein, Defendant states that the facts of the paragraph are denied.


 


Answering the allegations of Paragraph 23 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 24 of the Complaint herein, Defendant states that the facts of the paragraph are true. Bella Homes, LLC prepared the quit claim deed and communicated with me on multiple occasions as to how they would negotiate the loan modification on my behalf. Between January 2012, when the quit claim deed was signed (in Florida with no witness other than the notary) and September 2012, when the quit claim deed was filed, information regarding an FBI investigation into Bella Homes, LLC came to Defendant’s attention and Defendant requested that Plaintiff vacate the premises as Plaintiff failed to live up to the agreement made. Plaintiff failed to pay utility bills as agreed and Defendant had them disconnected. Plaintiff also had the locks changed without Defendant’s knowledge and is currently in possession of Defendants furniture, artwork, clothing, family heirlooms, and a firearm. Most of these items are locked in a closet that he was never given access to. There was nothing said or implied that Plaintiff could have possession of these items. Nor was it ever said or implied that Plaintiff could have possession of the furnishings in the home. See Exhibits 7, 10, 11, 12, 13


 


Answering the allegations of Paragraph 25 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 26 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 27 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 28 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 29 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 30 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 31 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 32 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 33 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 34 of the Complaint herein, Defendant states that the facts of the paragraph are denied.


 


Answering the allegations of the first Paragraph 35 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of the second Paragraph 35 which is a typo and should be 36 of the Complaint herein, Defendant states that the Plaintiff should not be granted on any basis the ability to negotiate or bargain with Defendants Fannie Mae and PHH or further secure the services of an expert company to do so on his behalf. Plaintiff failed to make payments as agreed and the Defendant would like to make her own agreement/arrangements with Fannie Mae and PHH to avoid a foreclosure.


 


The Defendant moves the court to not grant Plaintiff standing for the purposes set forth in paragraph 35.


 


 


Answering the allegations of Paragraph 37 of the Complaint herein, Defendant states that the facts of the paragraph are denied. See Exhibit 1-10


 


Answering the allegations of Paragraph 38 of the Complaint herein, Defendant states that the facts of the paragraph are denied. The court should not authorize a power of attorney.


 


Answering the allegations of Paragraph 39 of the Complaint herein, Defendant states that the facts of the paragraph are denied.


 


Answering the allegations of Paragraph 40 of the Complaint herein, Defendant states that the facts of the paragraph are denied. Defendant has suffered financial damages as a result of Plaintiff’s fraudulent and tortious actions and is entitled to compensation in the form of actual and punitive damages.


 


Answering the allegations of Paragraph 41 of the Complaint herein, Defendant denies that the Plaintiff should receive any damages or fees as a result of this action including attorney fees. Defendant states that she should be receiving damages and an award against XXXXX XXXXX for bringing this action.


 


Answering the allegations of Paragraph 42 of the Complaint herein, Defendant states that the facts of the paragraph are denied. Plaintiff did not make payments of any kind as agreed. There was no consideration when the quit claim deed was signed and Plaintiff as a result has lived rent free for over a year in the Defendant’s home. The agreement between Plaintiff and Defendant was that Plaintiff was to utilize his nephew’s company, Bella Homes, LLC to negotiate a loan modification so that Plaintiff could then purchase the property at a reasonable price from the Defendant. Plaintiff waited 9 months to file the fraudulently altered quit claim deed—only doing so when Defendant notified him that he had done nothing with regards XXXXX XXXXX loan modification and he needed to vacate the premises. No homeowner’s association fees were paid and as a result Defendant’s wages were garnished. It is unknown to the Defendant how the Plaintiff can possibly be suffering financial damages. It is the Defendant that is suffering financial damages and has been robbed of all her belongings and her home. See Exhibits 2, 10, 13


 


Answering the allegations of Paragraph 43 of the Complaint herein, Defendant states that the facts of the paragraph are unknown.


 


Answering the allegations of Paragraph 44 of the Complaint herein, Defendant states that the Plaintiff is perpetrating a fraud upon the Courts, the entire financial system and the Defendant.


 


Answering the allegations of Paragraph 45 of the Complaint herein, Defendant demands awards of actual and punitive damages and also all fees and costs of this action, including a reasonable award of attorneys fees.


 


Answering the allegations of Paragraph 46 of the Complaint herein, Defendant denies any accusation made in paragraph 46.


 


Answering the allegations of Paragraph 46-a of the Complaint herein, Defendant states that the Judge should make a determination.


 


Answering the allegations of Paragraph 46-b of the Complaint herein, Defendant states that the property should be returned to the Defendant.


 


Answering the allegations of Paragraph 46-c of the Complaint herein, Defendant states that the Plaintiff should not be given appropriate standing to negotiate with Fannie Mae or PHH because Plaintiff filed a fraudulent deed.


 


Answering the allegations of Paragraph 46-d of the Complaint herein, Defendant states that she will not furnish a power of attorney because the plaintiff failed to live up to the agreement made. See Exhibit 1


 


Answering the allegations of Paragraph 46-e of the Complaint herein, Defendant states that the Defendant should receive awards of actual, nominal, resultant and punitive damages for fraud and/or RICO violations against Plaintiff.


Answering the allegations of Paragraph 46-f of the Complaint herein, Defendant states that she should receive an award of all fees and costs of this action including a reasonable award of attorney fees.


 


Answering the allegations of Paragraph 46-g of the Complaint herein, Defendant asks that the Court provide such other and further relief as may seem appropriate the premises considered. Defendant asks that the court rule the fraudulent quit claim deed as null and void. Defendant further asks the court to demand Plantiff to vacate the premises atXXXXX Unit 1333 Atlanta GA 30319 in Dekalb County. Defendant further asks that Plaintiff not remove any property belonging to Defendant. See Exhibit 10


Respectfully XXXXX XXXXX 7th day of January, 2013


 


 


 


 


 


 


_____________________________________


Shannon Reynolds


Defendant


 


XXXXX

Atlanta, GA 30345


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


COUNTY OF FULTON:


 


STATE OF GEORGIA:


 


 


VERIFICATION



I, Defendant, having been duly sworn, under penalty of perjury, depose and say that I am over the age of eighteen (18) and mentally competent to testify. I have read the foregoing pleading; the facts stated therein are true and correct.


I further depose while sworn and under penalty of perjury that all Exhibits are true, correct, unaltered copies.



Subscribed and sworn to before me,


this ____ day of January, 2013


 


 


 


____________________________


Shannon Reynolds


 


 


 


 


 


_______________________


Notary


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

Expert:  Irwin Law replied 1 year ago.

Hi Shannon. I can't imagine having to fight a 45 paragraph complaint, or what the case could possibly be about that would take 45 paragraphs to plead. Does this guy have a lawyer? You should hope not, because that's probably the only chance you have to come out of this alive. I've spent an incredible amount of time on trying to help you revise your Answer and Counterclaim. I am sending you an attachment - I hope. I really never do this, but you are so far over your head you need a lot of help from an experienced litigator. I know you think what you have done so far has been very difficult, but this is the easy part. Also, I know our payment system is voluntary, but this is as far as I can possibly go unless you are able to increase your payment dramatically. In fact, I don't believe that I have received any positive ratings on anything I've sent you thus far.

Attachment: 2013-05-16_024718_shannon_reynolds_answer.docx

Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4719
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Yes he has a lawyer and I've been advised by atlanta legal aid to file a complaint with the bar because the lawsuit is ridiculous and meant to overwhelm me to the point that I give up. I did that today. The lawyer is helping this man perpetrate a fraud. You should look up the case and you can see for yourself. You might double over laughing. Thank you for your help anyway. As I said, I cannot afford a lawyer. This is all I can afford. I am unemployed as a result of this and lost my home, furniture and clothing and on food stamps and getting food from food banks. I just signed up for a free cell phone and I'm on a waiting list to see a free doctor for my yearly checkup. I'm sorry I cannot pay more. But I have given you positive ratings. I guess I will just ask someone else. I literally have no money. I received the attachment. Thank you. And yes, I realize I'm not a lawyer and I'm over my head. That is precisely why I paid for this service. I'm trying to find a pro-bono lawyer but that is not easy on civil cases.

Customer: replied 1 year ago.

What you don't realize is that he sued myself and 10 other defendants including Fannie Mae, Freddy Mac, Morgan Stanley, Wells Fargo, HSBC......it was ridiculous. He never served anyone but me so it was dropped against everyone else. There are only about 10 paragraphs at most that apply to me. Plus he filed it in another county that the property isn't even located in and then it had to be moved to the correct county. This person is a scam artist to the nth degree and I don't know how to deal with it. I really need help and cannot afford to pay for it. I'm going to copy and paste the statement of exactly what this is about and maybe you can help some more....just as a human being give me some help. Plus you are getting paid for this...just not as much as you'd like but this is what you signed up for. My bank account is also frozen as a result of this.....just FYI.


 


December 8, 2012


 


From:


Shannon Marie Reynolds


XXXXX@XXXXXX.XXX


XXX-XXX-XXXX


Current legal address: XXXXX Atlanta, GA 30345


 


To:



  1. Jeanne M. Canavan, Dekalb County Deputy Chief Assistant District Attorney White Collar Crimes

  2. Joe Stites, Federal Bureau of Investigation

  3. Detective Joe Hardy, Dekalb County Police Department, Fraud and Financial Crimes Unit


 


Re:


Mortgage Fraud and forgery committed by Bella Homes LLC, David Delpiano, Mario Moceri, Joab Kunin, and XXXXX XXXXX.


 


 


Short Summary


 


My home is currently in the process of foreclosure and I am unable to work out a solution with the mortgage company, nor is the mortgage company able to foreclose due to fraud and forgery committed by the above referenced parties. In addition, my locks have been changed and I no longer have possession of the property (which I am financially responsible for) as well as $35,000 in personal items located inside the property due to a fraudulent quit claim deed. I am seeking criminal action. There is precedence in this type of situation and I have provided many documents for your review. The parties involved have been prosecuted for this scam in other states across the country and have been ordered to cease and desist by the state of Georgia but my particular case is slipping through the cracks. This is both criminal and civil in nature but at the moment I cannot afford the civil lawyer, estimated at $10,000, to pursue that avenue. My goal is to have my residence returned to me along with my personal items and assist the proper authorities to have the above mentioned parties prosecuted. Additionally, I am currently being sued civilly by Mario Moceri, one of the above mentioned parties, for not cooperating with them to commit mortgage fraud. This lawsuit names my mortgage company as well as eight other financial institutions including Wells Fargo and HSBC. It is frivolous in nature and designed to cover everyone up in paperwork so Moceri can essentially “steal” my property. This is an outrage and I need some assistance.


 


 


 





Full Summary


 


Bella Homes, LLC and David Delpiano


Bella Homes orchestrated a mortgage scam for which they were prosecuted civilly by the US Attorney General in conjunction with the Colorado Attorney General. They targeted distressed homeowners with a scheme to save them from foreclosure in which they promised to take over payments in exchange for rent and then sell the home back to the original owners after a number of years for approximately 60% of the value. Their function was to successfully negotiate a loan modification on behalf of the homeowner and in order to do that they had the homeowner to sign a quit claim deed. Bella Homes never made payments to the mortgage companies, nor did they negotiate the loan modifications and as a result hundreds of people lost their homes and their credit. David Delpiano is the person who was my contact throughout the process; however the organization was previously presided over by his father who went to prison for fraud and is now out on house arrest. As Bella Homes was ordered to cease and desist, they coached Moceri how to pick up where they left off and I have included emails showing the connection.


 


Mario Moceri


Moceri is related to David Delpiano through marriage. Moceri is Delpiano’s uncle. Moceri is currently living in my property and will not vacate. Moceri stands to benefit the most from this as he will obtain the property for free and then sell it. I suspect that he has promised all parties involved that they can split the profits once this is completed.


 


Joab Kunin


Kunin is a former lawyer who was disbarred sometime in the 1980s. He is now a legal aid to XXXXX XXXXX, who Moceri retained. Kunin committed forgery by altering the quit claim deed that I signed, adding his name as an “unofficial witness”. As a former lawyer, he should have known better than to do that. Altering a notarized document is not legal.


 


XXXXX XXXXX


Johnson has filed a frivolous lawsuit against myself and 9 other financial institutions on behalf of Moceri. They are suing me because I refuse to sign a Power of Attorney to allow them to proceed on my behalf with this scam. I believe Johnson to have previously been associated with Bella Homes.


 


 


 


 


 


 


 


 


 


 


In September of 2011, I temporarily moved to Costa Rica from my address in Atlanta, GA atXXXXX Unit 1333 in Dekalb County 303019 to pursue a business opportunity. The property was in pre-foreclosure at the time but I was planning to return to Georgia as soon as I became settled in Costa Rica to negotiate a short-sale, a loan modification, or a repayment plan.


 


During this time I was approached by Moceri, who was interested in renting the condo. I explained to him that I had fallen behind on the payments and needed to do something about it soon, but he could live there if he paid rent of $1400 a month which I would then use to negotiate an arrangement of some kind with the bank. He agreed.


 


Shortly thereafter, Moceri contacted me and said he was interested in purchasing the property and he had a better idea for me to consider. Moceri explained to me how his nephew’s company, Bella Homes saved hundreds of people from foreclosure by proving that the mortgages were illegal and put me in touch with DelPiano. Together they explained to me that all I had to do was to sign a quit claim deed to Mario and an agreement with Bella Homes and they would have lawyers send a letter to the mortgage company to stop the foreclosure. From there Mario explained that he would pay $3000 to a forensic auditor to audit the mortgage and the $5000 required to retain Bella Homes to handle the situation. These payments were to be in lieu of rent. Bella Homes was to negotiate the loan down to fair market value and lease it back to me (Moceri actually) for 2 years and then we could negotiate for either Mario or myself to buy it back from them.


 


Moceri agreed to pay utilities and HOA fees which were all in my name.


 


I agreed to this arrangement, signed the documents and had them notarized on a trip from Costa Rica to Orlando, Florida to renew my visa in January 2012. There was no witness in Orlando, Florida except the notary, XXXXX XXXXX.


 


I later found out that to file a quit claim deed in GA there has to be a witness other than the notary. The document was altered and a witness was added after I signed it in Orlando, Florida. The signature on the document, which was added after I signed it belongs to Joab Kunin.


 


Bella Homes drafted the quit claim deed but the document deeds the property directly to Moceri. I’m assuming this is because Bella Homes had been ordered to cease and desist.


 


Mario claims to have paid over $10,000 in improvements to the home and he should therefore have a right to it. I have been in contact with the contractor used for the improvements and according to him, the amount was $2,500 of which approximately $600 has not been paid. The contractor has indicated that he will be filing a lien on the property.


 


The HOA fees were in fact never paid and my wages were garnished. Moceri also stopped paying the utilities that were in my name. I have since had them cut off.


 


In August 2012 I discovered that neither Bella Homes nor any other representative of Moceri had made any contact with my mortgage company and nothing had been done. The quit claim deed had not even been filed.


 


I contacted Moceri and told him that he had not upheld his end of the deal and that he needed to vacate. When I arrived in the US, I found that my locks had been changed.


 


I filed a police report regarding this, as Moceri refused to return my calls. Moceri was at my home when I arrived with the police, at which time he pulled out the quit claim deed which had just been filed the day before in September. To reiterate, I signed this quit claim deed in January, assuming that Bella Homes would move forward on my behalf to negotiate a loan modification.


 


Joab Kunin then altered the quit claim deed; Moceri is now living and has been living in my home rent free; the mortgage company wants for foreclose but can’t; my personal property is being held hostage; I’m being sued civilly for not cooperating in a scam; and Bella Homes is behind it….directing Moceri as to how to proceed.


 


While I realize that this is both civil and criminal in nature, I have been scammed. There is both forgery and mortgage fraud in this case. There’s also precedence with the Attorney General of the United States and the State of Colorado.


 


I humbly ask for your assistance in this matter.


 


 


Sincerely,


 


 


 


Shannon Marie Reynolds


XXX-XXX-XXXX


XXX@XXXXXX.XXX

 


 


 


 


 


 

Expert:  Irwin Law replied 1 year ago.
Shannon: Thanks for doing what you can do. I'll try to continue to assist where possible. Is Wentworth where you receive mail?
Customer: replied 1 year ago.
No, I've since moved to Texas and receive mail in Texas. Why?
Expert:  Irwin Law replied 1 year ago.
At what address in TX? Knowing this will help. I'd like to review your Answer/CounterCl before you send it to file. I have a couple of ideas but I will have to have more information from you about the suit itself and what is going on with the mortgage companies etc...
Customer: replied 1 year ago.
My address in TX is 3707 Manchaca Rd #214 Austin 78704

I'll see if I can send you the suit. Thank you for your help. I am unsure whether I really even need to send the amended answer because I already have stated all the facts and provided the backup information (exhibits)....but I realize it's not in the correct format. I was advised that the judge would most likely be sympathetic if I did it myself but who knows. The judge dismissed against the other defendants because they were never served. My mortgage company is currently at a standstill and is not making any efforts to foreclose so this guy continues to live there for free...which was his plan all along. Legal aid advised me that I could argue breach of contract on his part for not paying the HOA fees. Let me see if I can get that suit to you or I'm sure you could most likely pull it up.
Customer: replied 1 year ago.
I don't have a way to send you the suit. It's 47 pages long and includes the forensic audit....which states that my mortgage is illegal. That's the whole reason I bought into this. But then he asked me to sign a POA that was very broad. He wanted access to my bank accounts, stocks, safety deposit box....everything. It was quite ridiculous and it made my radar go up so started doing more research. The forensic audit company appears to be a fake business and if you google Bella Homes you will find all kinds of information. They are under investigation by the FBI, etc etc. The month AFTER I signed the quit claim deed, all these things were in the news. His suit against me is for NOT signing that POA and he states that I am creating a financial hardship on him for not signing it because the property will be foreclosed and he'll be put out. He's living in my condo for free....with my furniture. I'm the one that's going to get foreclosed on. I'm the one that has lost everything. It's just ridiculous. Also you should know....I'd never met the guy before. He was referred to me by a mutual friend that I trusted while I was out of the country. If you send me an address I'm happy to mail you the suit but it's too big to go thru email. Or, as I said I'm sure you can look it up.
Expert:  Irwin Law replied 1 year ago.
Hi Shannon: I know what the fellow was trying to do. Some forensic examiners are legit & some not. They all sell a pretty worthless service. There was no reason for him to take possession of your property by deed in order to beat up your lender, so I'm pretty sure he isn't legit. He also knew that there was little or no chance of winning against those mortgage giants and his suit was a sham. He got as much as he could from you by getting possession of a furnished condo. The fact that he thinks he can sue you to force you to give him a POA is laughable. The format of your answer is something that no judge will want to wade through and sort out though. Therefore, you should file a revised one. One change from what I sent you last night: If paragraphs relate only to the mortgage companies and not to you, then put all of them into one paragraph of answer saying: "Defendant does not answer paragraphs numbered (put all numbers here) since they do not contain any allegations regarding this Defendant." That would seem to eliminate most of the paragraphs. The other paragraphs can be lumped together into two admit or deny paragraphs. There is also another allegation of counterclaim that you can make to void the deed for "failure of consideration". Google it!! I appreciate your financial situation and thank you for generosity. For now, just get the amended answer and counterclaim ready in Word, and in the immortal words of The Terminator, "I'll be back." (But probably not until Monday.)
Customer: replied 1 year ago.
haha. okay will do. thank you!
Expert:  Irwin Law replied 1 year ago.
"I'll be back" around Tues. No Reply needed.
Customer: replied 1 year ago.
There actually was consideration on the quit claim deed...it was $1. But he never gave me a dollar. In fact, he never paid the utilities or the HOA or anything. It is a terrible situation. It's the HOA that froze my bank account.

There are several reasons why a quit claim deed can be reversed and I need you to think about them

I signed it under duress
I signed it without a witness other than the notary
The notary was a FL notary which is not okay in GA
He added a witness after the fact in order to file it.
I have an affidavit from the notary that the document filed is not the one she notarized.

These are things I have to put in the counterclaim

Also he didn't honor our "verbal" contract to pay the HOA fees but I didn't honor our "verbal" contract to sign the POA. But I had a good reason not to.

Also the forensic audit company is phony!

It's a mess. I'd just like for you to think about it and see what you come up with. In the meantime, I'll type up something according to what you recommended and send it to you for review. Thanks again and have a good weekend. I can't figure out how to get attachments to go thru this site so I'll just copy and paste.

SR
Expert:  Irwin Law replied 1 year ago.

SR - We can discuss these items and strategy from hear on when I get back. Please don't copy and paste anything to me and wait until I return. When you send a Reply it requires me to Answer and I am not ready for that yet. Remember, no Reply now. Ajay?

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