George Tran

[ArthurWankspittle]

One of George's supporters/followers appears to be "failing forward" or achieving "partial success" as we say in Caseyworld. He posts on George's blog as "Thomas" and according to case 4:10-cv-00666-A District Court Northern District of Texas Fort Worth Division, the judge thinks "None of plaintiff's theories of recovery is factually or legally supportable" and he has "dismissed with prejudice" all his claims against GMAC, his lender.
I wonder if George will help him with an appeal or just put up another blog post about corrupt judges? (http://www.freeandclearin90.com/2010/08 ... in-oregon/)

[wserra]

Sovereign bleedin' babies.

Guy sues GMAC on Tran's nonsense. GMAC moves to dismiss. Court gives guy date to respond (about two weeks after motion). Guy doesn't ask for extra time, just doesn't bother to oppose the motion, files nothing. Judge dismisses case. Guy bitches and moans online about how unfair it all is.

Give me a break.

[Dezcad]

Ah well it also looks liker there are three other proceedings going on in Bankruptcy Court so maybe the "Confirmation will be, "No".

Those are Wachovia's three removed cases. The "AP" in the docket for each stands for "adversary proceeding", meaning that it is not part of the debtor's bankruptcy filings, but is another pending matter which a creditor (here Wachovia) believes the BC should decide. (I believe this is right, but Prof and JRB know a lot more about bankruptcy than I do.)

At this point, Tran might even attempt a voluntary dismissal, but I don't believe the BC has to permit it.

Under 11 USC 1307 (b), the debtor has a right to dismiss his case - not that it really will do him much good though.

11 USC 1307 (b) says:

(b) On request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable.

[ArthurWankspittle]

Sovereign bleedin' babies.

Guy sues GMAC on Tran's nonsense. GMAC moves to dismiss. Court gives guy date to respond (about two weeks after motion). Guy doesn't ask for extra time, just doesn't bother to oppose the motion, files nothing. Judge dismisses case. Guy bitches and moans online about how unfair it all is.

Give me a break.

Please, Thomas is a busy man. After all, he has two more cases, probably brought on exactly the same basis, coming before the same judge.
http://www.freeandclearin90.com/2010/09 ... ral-court/

I think the timescale was that the case was moved to the court 8th Sept and petitioned successfully to be dismissed on the 9th. On the 14th the judge asked for an "expedited" response from the plaintiff within 10 days (by the 24th). When he didn't get one he confirmed his decision on 28th Sept. You'd have thought that if you were suing someone for $90k or $270k you might be interested enough to turn up in court and argue your case. I can't tell if Thomas did, but from what I can make out he wasn't at the hearing on the 9th.

[wserra]

There was a hearing in Tran's bankruptcy two days ago (10-12). Bank of America showed. Wachovia showed. The trustee showed. George didn't show. Bankruptcy dismissed. As to Wachovia's motions to dismiss the removed state-court proceedings: the Court will "review the file" and be in touch. I really don't see how a filing can be more clearly in bad faith than this one.

Meanwhile, Tran is giving a seminar this Saturday on "foreclosure defense strategies" (subtitle: "You, too, can be in bad faith"). He bills himself as an "Author, Entrepreneur and Consumer Advocate". He supposedly "teaches students all over the US how to challenge their Lenders to prevent wrongful Foreclosures and potentially get their house free and clear".

It's funded by the mortgage servicing industry. They want the poor schmucks who attend to learn from someone who's failed at everything he's tried.

[bmielke]

You Will Learn:
• How to Negotiate Loan
Modifications from a
Position of Power
• How to Demand Your
Lender Produce Proof of
Claim
• How to Defend Your Home
from Foreclosure –
LEGALLY!!!
• Determine Whether Your
Home Qualifies for
Foreclosure Prevention

Yeah sure

What to Bring:
• Your Original Loan
Documents
• Your Last Statement
• All Foreclosure Notices
(Notice of Default, Notice
of Substitution of Trustee,
Notice of Trustee Sale)
• Your Spouse –
IMPORTANT!!!

Um if his system is so good why do you have to be in foreclosure before the workshop? If there was a legimate system like this there would likely be advantagous to go prior to foreclosure so you know how to respond promptly.

[ArthurWankspittle]

The system is trying to keep the man down:
http://www.freeandclearin90.com/2010/10 ... of-oregon/

Have you got one of those Nelson Muntz "ha ha" emoticons?

[The Operative]

The system is trying to keep the man down:
http://www.freeandclearin90.com/2010/10 ... of-oregon/

Have you got one of those Nelson Muntz "ha ha" emoticons?

George provides us another example of the typical TP/sovereign/scammer's inability to comprehend English.

[ArthurWankspittle]

The system is trying to keep the man down:
http://www.freeandclearin90.com/2010/10 ... of-oregon/

Have you got one of those Nelson Muntz "ha ha" emoticons?

George provides us another example of the typical TP/sovereign/scammer's inability to comprehend English.

When George has supporters like "Robert" he doesn't need enemies - I somehow automatically picture the guy sat at an ancient desktop in the corner of his trailer, pounding away on the keyboard in righteous indignation.
Anyway, these 'Tards just keep giving. Here's another name for you and he doesn't give legal advice either because it says so at the bottom of the web page. (It must be true, just like those emails I get from Nigeria that say this is not a scam.)
http://www.freeandclearin90.com/2010/08 ... d-5-in-az/
also starring William McCaffery.
Quote "John Stuart (whose knowledge is sought out by attorneys)will teach “SHOW ME THE LOAN” doctrine. "
More likely John Stuart (whose whereabouts is sought out by deputies).....
but wait, there's more:
Quote "You will learn concepts lawyers and bankers do not want you to know. " So, a mere five lines later and poor John Stuart is redundant.
Quote: "This may be the LAST seminar by John Stuart before he enters working society. " That begs the question which society he lives in at present. Or maybe he's on bail awaiting sentencing in a state where prisoners have to do manual labor?

[wserra]

Tran turned up at Bankruptcy Court and claimed that he had no notice of the confirmation hearing. Giving him the benefit of (considerable) doubt, the Court vacated the order dismissing the bankruptcy. However, as Prof predicted, the Court than returned the plan and schedules to Tran for incompleteness. Tran refiled, adding the tidbit that he has $30K in credit card debt. All-around responsible guy, George. On October 24 (the Oregon BC works on Sundays? I'm impressed), the Court struck them a second time.

Perhaps some concerned citizen could direct a creditor or the trustee to the clear evidence of bad faith Tran has placed on his own site?

[ArthurWankspittle]

I'm evolving a theory that George has some sort of memory issue. I knew he had a hearing on 10/12/10 and another in November but a search through George's website reveals no mention of the hearing on 10/12/10.
He also has this OCD compulsion to write about loan notes. Every third or forth post seems to be "great news" about loan notes but he forgets his own posts about challenging them not working.
A further example: He currently has a tweet showing on his website:

My friend Mike went to court today. Won his TRO. The judge cornered opposing counsel quoting "who's on First?". Awesome.

Awesome? Bring on the dancing girls! Champagne! Let us celebrate this magnificent victory!
Only four months ago he wrote:

Delay Tactic #3: Order a Temporary Restraining Order

A Temporary Restraining Order (TRO) only gives you a short stay, typically 10 to 14 days. Judges almost always grant these without too much ado.

Better change that "without too much ado" to "without too much ado except on George's website.

Oh, and who is fmmcosta (apart from a raving redemptionist loon)?

[ArthurWankspittle]

Have you a link to the filing? Or can you post it somewhere? George has lots of, er, "followers" who would love to have a good laugh, er, I mean, see the details.

Also, did he include his mortgages? The ones he claims don't exist or are invalid or some such. Always a conversation point when mortgage redemptionists file bankruptcy.

[ArthurWankspittle]

According to his Twitter, George has met with Maher Soliman of Nationwide Loan Services (as seen here http://www.ripoffreport.com/Loan-Modifi ... -je6d3.htm ). The interesting point that arises is the Tweet also suggests that he will bring new information against Wachovia. My question is, can he? Can he now bring up "new evidence" or will that be next year's excuse as to why he lost?

[ArthurWankspittle]

Forgot to update you guys. George has been in court again.
http://www.freeandclearin90.com/2010/11 ... nt-page-1/

Well, I had my hearing this morning in Federal Court.

The Judge was very fair and stern. He ran a tight court.

Opposing counsel went on with a bunch of allegations that I deliberately was delaying the foreclosure and that I had done the reconveyance of my properties improperly. They also stipulate that they have the note but are refusing to show it on principle. (wow, really?)

I countered by saying that while State Civil Code does not require the lender to produce the wet ink signature, this matter is in dispute and under UCC law, they are required to present evidence of ownership.

Furthermore, there is widespread securities fraud and while Wachovia may not participate in Securitization, Wells Fargo more than likely does. And it is imperative we know who is the real party of interest in this matter.

We bantered back and forth but in the end the judge said that he will adjourn this hearing till the 23rd of Nov. At which time, the parties “better have evidence” to present.

So, I will appear in court in 3 weeks time again to hear the evidence. Hopefully, Wachovia will show up with an original. At which point, the controversy will be over. If not, then the real fun will begin.

The transcript must be a hoot! I don't think George realises that the "better have evidence" comment was directed at him as well as Wachovia. Wachovia have actually said they have the note, so if that's all the evidence that is put before the court then "the controversy will be over". The result will be the go ahead for three foreclosure sales. The "real fun will begin" anyway as George's property gets sold at auction and George will be inventing reasons why his process didn't work and explaining that he's still learning.

[wserra]

Wachovia has moved to lift the bankruptcy stay which is holding up the foreclosures on Tran's (actually soon-to-be Wachovia's) Utah properties. The basis:

On May 14. 2010, Debtor impermissibly filed a deed of full reconveyance of Creditor's Deed of Trust, improperly signing the documents as trustee. See Exhibit A. Debtor is not the trustee under the Deed of Trust. Such attempted reconveyance is improper and ineffective to reconvey Creditor's interest in the Property and is impermissibly filed. See Exhibit B. Thereafter, on May 24, 2010, Debtor recorded a deed of trust against the Property identifying Avalonne Holding Limited Partnership as grantor and an entity known as "Carole Anne" as the grantee. See Exhibit C. As of this date, Avalonne Limited Partnership did not hold any interest in the Property. After execution of the above referenced improperly filed deed, Debtor recorded a Warranty Deed on 5/24/10 listing himself as Grantor and Avalonne Holding Limited Partnership as the grantee. See Exhibit D. The above described improper transfers: 1) have no effect on Wachovia's Deed of Trust on the property; and 2) are attempts by the Debtor to confuse title and disrupt Creditor's pending lawful foreclosure of its Deed of Trust on the Property. . . . The above described actions of the Debtor have already delayed Creditor from its lawful foreclosure for months and there is no just reason for further delay.

Wachovia attaches copies of the bogus documents Tran filed.

This could easily turn criminal.

[LPC]

Wachovia has moved to lift the bankruptcy stay which is holding up the foreclosures on Tran's (actually soon-to-be Wachovia's) Utah properties. The basis:

On May 14. 2010, Debtor impermissibly filed a deed of full reconveyance of Creditor's Deed of Trust, improperly signing the documents as trustee. [...]

Does the equitable doctrine of "unclean hands" apply in bankruptcy court?

[notorial dissent]

I would say this goes from beyond "unclean hands" to "downright filthy", George is such cheap and predictable fraud. I'm surprised he hasn't tried the old lis pendens trick which always works so well. Maybe he hasn't heard of that one yet.

[ArthurWankspittle]

Just to throw some more possible sticky stuff, but I can't find the info yet; I have a feeling George's wife may be Carole Anne. I can't find her name at present and will obviously say no more if her name is nothing like Carole or Anne but if it is then this is stupid squared.

Edited to say his wife's name appears to be "Carol Anne"

[ArthurWankspittle]

Wachovia has moved to lift the bankruptcy stay which is holding up the foreclosures on Tran's (actually soon-to-be Wachovia's) Utah properties.

Is this "in play" tomorrow? The "Adjourned Confirmation Hearing" for 10-64979 is listed as 1:30pm tomorrow afternoon.
Also, if this becomes criminal, as has been suggested, what are we looking at here? Fraud, mail/wire fraud because it is over two states, what?

[ArthurWankspittle]

Anyone know or can check what happened yesterday (9th) and why George's cases have been postponed for a week? George's Motion(s) to Compel 10-6208(9,10) and Wachovia's 10-64979 are now listed for 11/17.