We have been fighting foreclosure for 3 yrs trying to get a mod, and have been studying & preparing to go pro se if necessary to save our home, we feel pro se is to much to attempt and hired an atty who basically doesn’t feel we have a case and says to prepare to move out, we live in OR, we have a sale date of 8/30, we have a Wachovia Pick A Payment loan 7/08, no auditors can find any securitization info on our loan, they say it is probably an “in house portfolio loan”. “AJ” below was referred to us by a friend who is using him to fight his foreclosure; his tactics appear to use BK Quiet Title, adversary proceding, in Fed Ct.
Do you have any info on AJ, is he legitimate? He is a paralegal, worked for atty Jeffrey A. Cancilla ’09-’10
(AJ) Ajit A. Narasimhan, CEO
Narasimhan Consulting & Mortgage Eliminators
BK Network, Inc.
Costa Mesa, CA 92627
I found this on the internet: Cancilla was disbarred for a yr for misconduct 6/11; supposedly hired Tom Duong to run Provident Law Gp who Cancilla says was stealing from him, Duong left and joined w/ Colombana?
The company BK Network, Inc. is a registered California company and reports to be located at 2233 E. Santa Clara Ave, Apartment E, Santa Anna, CA 92706. Narasimhan Consulting & Mortgage Eliminators is not the name of a registered company in California.
From what I was able to learn online it appears BJ Network, Inc. is a paralegal service. They can’t provide you with legal advice.
The website AJ uses for his email address says it is disabled as well.
I’d certainly get a second opinion before spending any money. One attorney in California that has been very helpful to site readers has been Kristin Crone, Esq. of UFAN. You may want to contact her for a second opinion before you jump at anything.
I’d like to know more about the case you feel has been successful. It is interesting since it is my impression that a quiet title action does not remove the lien against the property so it would still leave you stuck in a property with a lien, even if you discharge the mortgage in bankruptcy. If you can give me the name of your friend who filed using this trick and/or the case number I can look up the case and give you more information. Without that, I’m shooting in the dark about any specifics of that case.
I did find this information that appears on point to your question as well.
I intend to file a chapter 7 bankruptcy soon, and, while under the jurisdiction of the bankruptcy court, file a Quiet Title suit in an Adversary Proceeding against my secured mortgage lender.
I will be challenging the validity of the deed of trust due to it being flawed (in my opinion), and, as a result, there are now legitimate questions as to ownership of my home. A title company has determined there is a cloud on my property and is unwilling to insure unless the cloud is cleared. I believe I can use the Declaratory Judgments Act for action to Quiet Title.
My question is this: Is this type of issue something that the bankruptcy court can/will resolve, or, is the state court the place to present this problem?
“The bankruptcy court generally will not resolve issues of title legitimacy on a property – that is a state court issue. You cannot, however, simply initiate a legal action concerning a piece of real property. During a bankruptcy proceeding, the trustee is in charge of all assets of the bankruptcy estate, your property included. You will need to consult with them before making any legal challenges to anything related to the property. The trustee may have other ideas about what is best.”
“Bankruptcy courts have the power to decide liens and ownership of property of the estate. However, if this is the only reason you are filing, you are better off fighting this in state court where there are no jurisdiction issues and you will be in control of the case. I strongly suggest hiring an attorney to review your case. These cases are complex.”
“Sounds like a State court question to me. Assuming your property is fully exempt (I believe Texas has an unlimted homestead exemption if you qualify), there’s no reason for the trustee to be interested in the matter and thus no reason for the matter to be litigated in bankruptcy court.” – Source
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