Sunday, February 22, 2015

Q&A Unit owner's request for information about HOA is ignored

(c) 2001-20015 D.VANITZIAN. All rights reserved. The Associations and Common Interest Living articles and columns may not be reprinted or retransmitted in any form without the express written consent of the copyright holders. The author takes no position regarding any documents or accompaniments that may be enclosed with, attached to, or alongside said article reprints or distribution. Los Angeles Times, Real Estate Section, "Associations," Unit owner's request for information about HOA is ignored, February 22, 2015  Donie Vanitzian, Special to The Times

By Donnie Vanitzian

Question: I purchased a townhouse condominium in Hawthorne recently. I asked the management company to notify me of the annual meeting and election of board directors. Management continues to send me homeowner association bills and collect my payments, but they won't respond to any of my requests. They won't tell me who the board directors are or how to reach them. I'm not sure there are meetings or elections. How can I get this information?

Answer: Initially, information should have been provided to you in escrow at time of purchase and you should have refused to close without it. Moreover, it is entirely possible that by the time escrow closes such vital notices and association-related information will not be sent in a timely manner, if at all.

At the close of escrow, buyers should make document demands directly to the association board, then compare the escrow documents' text with documents received after taking title. Titleholders have reported discrepancies when comparing escrow-provided documents with recorded documents on title and with after-sale documents provided by the association. Ensure that you are on record for making these demands by obtaining written confirmation for all.

Invoke your right to view documents by regularly inspecting and copying association books and records (covered by Corporations Code sections 8330, 8333, 8334; Civil Code sections 5200, 5205, 5210, 5260). Your covenants, conditions and restrictions (also known as CC&Rs) and bylaws should list an address for notices to the association. If incorporated, your association should have a registered agent listed with the California secretary of state. Try a corporate information search at: kepler.sos.ca.gov.
For owner requests to be effective, Civil Code section 4035 details how documents must be delivered to an association; oral demands are no longer acceptable. Civil Code section 5260 states that certain requests "shall" be delivered in writing to the association. Evidence Code section 11 states the word "shall" means "mandatory."
Request "individual delivery" of all notices. Next, request a full copy of a specified annual budget report and 24 months of board meeting minutes. Review minutes for election results naming board directors. Try making contact again.
If documents and information are not forthcoming, and your request is within time frames noted in Civil Code sections 5200 to 5205, and there is no compliance by the statutory deadlines, file a small-claims action. Ask for an order to produce the records, a $500 penalty (Civil Code section 5235 for association noncompliance) and small-claims court filing costs.
Zachary Levine, partner at Wolk & Levine, a business and intellectual property law firm, co-wrote this column. Vanitzian is an arbitrator and mediator. Send questions to Donie Vanitzian JD, P.O. Box 10490, Marina del Rey, CA 90295 or noexit@mindspring.com.

California AB 1738 says homeowners have right to advocate, HOA vultures fighting it.





Posted By CotoBlogzz

Rancho Santa Margarita. CA -  California  AB1738  clarifies that homeowners have the legal right to bring an advocate with them to a dispute resolution session with the board.  [Civil Code §§5900 et sq.]

However, HOA vultures, such as CAI and other industry advocates such as property management companies and law firms, including  Epsten Grinnell are already trying to create back doors by promoting contrived obstacles like notice strategies for diminishing homeowners rights

In a recent newsletter, this law firm, published “practice tips” for circumventing AB1738.  

The takeaway:  homeowner associations serve as ATM machines for property management companies, law firms and self-serving directors, and will fight to maintain the status quo.

Michelle Green Arrested Following Laguna Niguel Homicide Investigation



Posted by CotoBlogzz


Rancho Santa Margarita, CA -– On Saturday, February 21, 2015, Orange County Sheriff’s (OCSD) Homicide investigators arrested, Michelle Green, 50, Laguna Niguel, in connection with the stabbing death of her 52 year-old, live-in boyfriend.  Green was arrested at her residence in the 24700 block of La Vida Drive, according to,OCSD's spokesperson Lt. Jeff Hallock.

At approximately 8:40 p.m., deputies responded to a call of a male subject down on the front lawn of the residence at 24805 La Vida Drive.  Deputies arrived and discovered the male victim lying in a neighbor’s front lawn suffering from a stab wound to his abdomen.  Deputies immediately initiated life-saving measures but were unsuccessful; the victim was pronounced deceased at the scene by Orange County Fire Authority paramedics.

The subsequent investigation revealed that Green and the victim were involved in a domestic dispute that led up to the fatal stabbing; however, investigators have yet to determine the reason for the dispute or motive for the stabbing.  Release of the victim’s identify is pending next of kin notification.

Green was arrested for murder and booked into Orange County Jail.  She is being held on $1 million bail and scheduled to appear in court on Tuesday February 24, 2014.  

Anyone with additional information is asked to call the Orange County Sheriff’s Department at (714) 647-7000 or (714) 647-7044.  Anonymous tips may also be submitted to Orange County Crime Stoppers at 855-TIP-OCCS (855-847-6227) 

Friday, February 20, 2015

Roshaun Porter and Marquis Horn, Long Beach, California, Men Sentenced for Sex Trafficking Conspiracy


Defendants Used Deception, Threats, Violence and Coercion to Compel Young Women into Prostitution in Orange County, California

Posted by CotoBlogzz
Rancho Santa Margarita, California - Roshaun Nakia Porter, 39, was sentenced to 240 months in prison and 10 years of supervised release for his role in a sex trafficking conspiracy, according to announcement by the Civil Rights Division and the U.S. Attorney’s Office for the Central District of California.  Porter’s co-conspirator, Marquis Monte Horn, 40, was sentenced on Oct. 24, 2014, to serve 78 months in prison and five years of supervised release for his role in the conspiracy.  Two other defendants have entered guilty pleas in connection with the case.
The judge ordered Porter to pay $866,244.68 in restitution to 10 victims of the conspiracy.
On July 11, 2014, Porter and Horn each pleaded guilty to one count of conspiring to engage in sex trafficking by force, fraud and coercion.  According to documents filed in court and admissions in court in connection with Porter’s guilty plea, between 2010 and April 2012, Porter masterminded a scheme in which he exploited young women, including foreign nationals and U.S. citizens, in his prostitution operation in Orange County, California.  
Using various deceptive means, including false online personal advertisements and fraudulent promises of legitimate employment, Porter reaped substantial illicit profit by luring his victims into personal relationships with him and, thereafter, compelling them to prostitute and provide him the proceeds from their commercial sex acts.  To compel the victims into compliance, Porter used physical violence, psychological abuse, threats to harm the victims’ family members and other coercive means.  In connection with his guilty plea, Horn admitted that between December 2010 and April 2012, he conspired to recruit and entice victims into Porter’s prostitution ring. 
This matter was investigated by the FBI.  It is being prosecuted by Trial Attorney Daniel Weiss of the Civil Rights Division’s Human Trafficking Prosecution Unit and Assistant U.S. Attorney Sandy Leal of the U.S. Attorney’s Office in the Central District of California.

Thursday, February 19, 2015

James Nelson Pleads Guilty to Identity Theft and more than $1.0 Million Tax Fraud Scheme


Admits Working with Others to Seek More Than $1.1 Million in Fraudulent Refunds

Posted by CotoBlogzz

Rancho Santa Margarita, CA .  James Nelson, 31, a Washington, D.C., man pleaded guilty to various crimes committed in a far-reaching identity theft and tax fraud scheme in which he and others filed fraudulent federal income tax returns seeking more than $1.1 million in refunds, according to an announcement  today by the Justice Department.

Nelson, is among approximately a dozen people who have pleaded guilty in the U.S. District Court for the District of Columbia to charges in one of the largest prosecutions to date involving the use of stolen identifying information.  The overall case involves the filing of at least 12,000 fraudulent federal income tax returns that sought refunds of at least $40 million.
The guilty plea was unsealed today where Nelson pleaded guilty to conspiracy to defraud the United States with respect to claims, aiding and abetting in the making of false claims for refund, and aiding and abetting in fraud and related activity involving identification information.  Under federal sentencing guidelines, Nelson faces an estimated range of 41 to 51 months in prison and a fine of up to $75,000 at his sentencing before the Honorable U.S. District Judge Ellen S. Huvelle of the District of Columbia.  In addition, as part of his plea agreement, Nelson must pay $636,026 in restitution to the IRS.

According to the government’s evidence, Nelson was among participants in a massive and sophisticated identity theft and false tax refund scheme involving an extensive network of more than 130 people, many of whom were receiving public assistance.  
The refunds were sought since 2006, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners.  In other cases, the refunds were sent to people who were willing participants in the scheme.  The refunds listed more than 400 “taxpayer” addresses
From December 2007 through January 2012, according to the government’s evidence, Nelson used his residential addresses, then in the District of Columbia, for the receipt of some of the fraudulently obtained tax refunds.  He also recruited others to receive fraudulent refunds at their addresses.  For example, Nelson paid one woman about $150 per check for each refund check delivered to her residential address in the District of Columbia.
Approximately 360 fraudulent federal income tax returns were filed with the IRS listing the addresses that were under Nelson’s control.  The returns sought refunds of approximately $908,500.  As a result, the IRS sent out 238 checks, totaling about $524,795, and 184 of those checks, totaling $432,804, were ultimately cashed. 
Nelson also recruited others to negotiate at least 86 other refund checks, totaling approximately $203,222, causing a total intended loss to the U.S. Treasury of more than $1.1 million.

Wednesday, February 18, 2015

International Pianist Daniel Pollack Presents a Master Class at Saddleback College



Posted by CotoBlogzz


Rancho Santa Margarita,  CA—Reflections of the Ocean Classical Keyboard Series announced that international pianist Daniel Pollack will present a master class on Sunday, March 15th at 2:30 pm in the McKinney Theatre. Piano students will perform. 

Tickets are $12 general; $10 seniors; $7 students; children FREE with paying adult; 2 for 1 for music teachers with MTAC/CAPMT ID. For tickets call 949-582-4656 (Tuesday through Friday, noon to 4:00 p.m. or order your tickets online at any time at www.saddleback.edu/arts).

Born and raised in Los Angeles, California, Daniel Pollack began his studies at the age of four and made his debut with the New York Philharmonic at the age of nine, performing the ChopinPiano Concerto No. 1. He is a graduate of the Juilliard School from the class of the legendary Rosina Lhévinne. Audiences worldwide, across five continents - North America, Europe, Asia, South America and Africa -- recognize the pianism of Daniel Pollack for its signature colors in sound, coupled with over-the-edge thrilling virtuosity, giving his performances an electrifying element that catches the imagination of concert goers. Pollack has held several artist faculty positions including The Juilliard School and Columbia University and Yale's School of Music and is now on the faculty of the Thornton School of Music at the University of Southern California in Los Angeles. He is a graduate of the Juilliard School from the class of the legendary Rosina Lhevinne.

 Saddleback College is located at 28000 Marguerite Parkway in Mission Viejo, just east of Interstate 5 at the Avery Parkway exit. Free parking is available in Lot 12.  Take Avery Parkway to Marguerite Parkway turn left to the third traffic light, which is Saddleback’s Marguerite entrance. Turn right into the campus and take the second left to Theatre Circle, turning right into Lot 12.

The Music Department has established a comprehensive program which is considered to be one of the finest in California: a complete lower-division curriculum for transferring music majors, numerous performance groups, private and group lessons, a full concert series with faculty and guest artists, and general music courses. The nationally-recognized faculty is dedicated to performance and to teaching in all areas such as vocal, instrumental, jazz, guitar, and piano.  Other music classes include harmony, musicianship, composition, history, and appreciation of western art music,
rock, jazz and world.

Located in Mission Viejo, Saddleback College provides quality higher education and training to the greater south Orange County community.  Having served more than 500,000 students since 1968, Saddleback College offers more than 300 degree and certificate programs to help students reach their personal, career, and educational goals.  For more information, please visitwww.saddleback.edu.  For Fine Arts events, visit www.saddleback.edu/arts. 




Tuesday, February 17, 2015

CA AG Kamala D. Harris does a Brian Williams on Federal Judge Ruling on President’s Immigration Executive Action



Posted by CotoBlogzz

Rancho Santa Margarita, CA – Attorney General Kamala D. Harris today issued the following statement on the Federal District Court’s decision to grant an injunction against the implementation of President Barack Obama’s immigration executive actions.
“President Obama has proposed common-sense actions to help address our broken immigration system—using the same executive authority that every president has used in the last five decades."  

She fails to mention that the President himself stated unequivocally 22 times over a period months leading to the midterm  elections that he did not have the authority to do so.  Only after the elections he was enlightened.  A good example of a Brian Williams.

Saturday, February 14, 2015

John Moorlach for State Senate Campaign Headquarters Grand Opening Feb. 21



Posted By CotoBlogzz. 

Rancho Santa Margarita, CA - The John Moorlach for Senate Campaign has just announced its campaign headquarters on Saturday, February 21 at 10 am.
Refreshments will be served, along with the opportunity  to meet supporters who are volunteering for John Moorlach’s campaign and an opportunity to chat with John Moorlach. 

You can also find  out how you can help get John elected to the 37th Senate District seat March 17th.
You can sign up to make phone calls, stuff envelopes, staff the headquarters and walk your precinct. You can also pick-up your precinct map and campaign materials at the opening.

The campaign wants to have enough food on hand, so it is asking for a RSVP to MoorlachVolunteers@gmail.com

Congressman Tom McClintock And the CotoBuzz Journal Announce Support for John Moorlach for Senate

“Moorlach has the right answers to California's budget woes.”
 
Posted By CotoBlogzz

Rancho Santa Margarita, CA  – Friday, Congressman Tom McClintock announced his full support for John Moorlach in the open 37th Senate District special election.  Today, the Cotobuzz Journal followed suit,
adding to the strong endorsements on the heels of Moorlach winning the California Republican Assembly’s support last Saturday.

“John Moorlach has consistently been one of the most correct, most level-headed forecasters of California’s budget and fiscal situation,” said Congressman McClintock.   “John is one of California’s most reliable taxpayer advocates.  And, his reforms that pulled Orange County out of debt and onto a solid fiscal platform demonstrate that he has the right answers to California’s budget woes.  Every conservative should be backing John Moorlach for Senate.  It's just that important.”

According to the CotoBuzzJournal, John Moorlach is a common problem solving candidate, who will not simply go along to get along.

Prior to winning his seat in Congress, Tom McClintock served in the California State Senate and State Assembly, where he earned a reputation as California’s top budget and fiscal expert.  In Congress, Tom McClintock has earned a national following among fiscal conservatives.

Friday, February 13, 2015

If you get a call from an OC Sheriff's Deputy, chances are its a scam, unless



Posted by CotoBlogzz

Rancho Santa Margarita, CA  - The Orange County Sheriff’s Department (OCSD) is advising the public to be aware of phone scams involving subjects pretending to be law enforcement personnel.  Several instances of this type of fraud continue to occur throughout Orange County.

Suspects fraudulently identifying themselves as law enforcement officers, call victims claiming they have a warrant for their arrest. The reasons for the warrant vary; the most recent being failing to appear for jury duty or unpaid tickets.  The victim is then told they can resolve the issue by obtaining a pre-paid money card and calling back with the card number.  Once the number is obtained, the funds can be accessed anywhere in the world. 

The scammers are using names of actual Orange County Sheriff’s Department personnel; have voicemails using the officers’ names and “spoof” caller identification so the numbers of actual law enforcement agencies will appear on the victim’s phone.

The OCSD wants the public to know that the Orange County Sheriff’s Department DOES NOT solicit by phone and will never restrict the form of payment.  In addition, payments related to warrants and/or citations are handled directly through the Court.

The public can help combat this scam by doing the following:
  • Do not call back or hang up if you are talking to them. 
  • Call the Orange County Sheriff’s Department at 714-647-7000 or 949-770-6011 to determine if an OCSD employee is actually calling you and to file a report. 
  • Contact the Court directly to inquire about bail or fine payment. The link http://www.occourts.org/locations contains court locations and contact information in Orange County. 

For more information on current scams and how to stop them, please visit the Scams page on our website at http://ocsd.org/about/info/safe/scams. 

Thursday, February 12, 2015

Steve Martin’s Absurdist Comedy at Saddleback College



Posted By CotoBlogzz

Rancho Santa Margarita, CA - CA – The Department of Theatre Arts at Saddleback College  presentPicasso at the Lapin Agile by Steve Martin on March 13 through the 22nd in the Studio Theatre. 

Directed by Mark McQuown, this long-running Off-Broadway comedy places Albert Einstein and Pablo Picasso in a Parisian cafe in 1904 just before the renowned scientist transformed physics with his theory of relativity and the celebrated painter set the art world afire with cubism.  Even  Elvis.is integrated into the plot, but you need to see this imaginative play to find out why.

Dates:  March 13, 14, 17, 18, 19, 20, 21 at 7:30 p.m. and March 15, 22 at 2:30 p.m. Tickets can be purchased by calling (949) 582-4656 (noon-4 Tuesday-Friday) and online atwww.saddleback.edu/arts.  Prices are $15 general; $10 students/seniors.


The Department of Theatre Arts program at Saddleback College produces several fully-staged shows each year.  All students are given the opportunity to audition for every production yet Theatre Arts students are given priority in the casting process.  In addition there are numerous opportunities for students to contribute in backstage activities through the Entertainment and Theater Technology program.
Saddleback College is located at 28000 Marguerite Pkwy in Mission Viejo, just east of Interstate 5 at the Avery Parkway exit.  Free parking is available in Lot 12.  Take Avery Parkway to Marguerite Parkway turn left to the third traffic light, which is Saddleback’s Marguerite entrance. Turn right into the campus and take the third left to Theatre Circle, turning right into Lot 12.
Located in Mission Viejo, Saddleback College provides quality higher education and training to the greater south Orange County community.  Having served more than 500,000 students since 1968, Saddleback College offers over 300 degree and certificate programs to help students reach their personal, career, and educational goals.  For more information, please visitwww.saddleback.edu and for Fine Arts information, please visit www.saddleback.edu/arts.  


Wednesday, February 11, 2015

Adam Nick, Lake Forest Councilman Charged with illegally removing Scott Voights campaign signs - faces one year in jail.



Nick's chickens have come to roost:  In 2014, Nick amended the Lake Forest Sign Code to allow for harsher penalties for those who tamper with or remove campaign signs without permission.

posted By CotoBlogzz 

Rancho Santa Margarita, CA - - Adam Nick was charged today for removing campaign signs on public display belonging to another city councilman. 

According to the Orange Country District Attorney's office, Adam Nick, 50, Lake Forest, is charged with one misdemeanor count of petty theft and one misdemeanor count of receiving stolen property. He is also charged with violating a Lake Forest Municipal Code section regarding campaign signs. If convicted, he faces a maximum sentence of one year in jail. 

At the time of the crime, Nick was serving as Mayor Pro Tem for the City of Lake Forest.

At approximately 2:00 a.m. on Oct. 9, 2014, Nick is accused of driving and parking his vehicle in a no parking zone at the intersection of Bake Parkway and Trabuco Road in Lake Forest. He is accused of instructing a fellow passenger to get out of the car and remove a campaign sign on public display that belonged to Lake Forest Councilman Scott Voights.

An Orange County Sheriff's Department (OCSD) vehicle was patrolling the area at the time and approached Nick's car. OCSD conducted a search of the defendant's vehicle. Nick is accused of possessing approximately 10 other signs belonging to Voights, stored in the back of his vehicle.

In 2014, Councilman Nick amended the Lake Forest Sign Code to allow for harsher penalties for those who tamper with or remove campaign signs without permission and requested that a violation of this municipal code section be prosecutable as a misdemeanor.
OCSD investigated this case.
Deputy District Attorney Jess Rodriguez of the Special Prosecutions Uni

Tuesday, February 10, 2015

Multiple Vehicles Stolen from Stanton Auto Shop. OCSD seeks help finding them



Multiple Vehicles Stolen from Stanton Auto Shop.  OCSD seeks help finding them 

Posted by CotoBlogzz

Rancho Santa Margarita, CA  – – On Monday, February 9, 2015, Orange County Sheriff’s deputies (OCSD) responded to a report of stolen vehicles at Tunex Auto Services located 10460 Magnolia Avenue, Stanton.  

According to OCSD's spokesperson,  Lt. Jeff Hallock the business owner indicated to deputies that ten vehicles were stolen from the property between the evening of Saturday, February 7 and Monday, February 9, 2015 at 8:00 a.m.  The vehicles were sedans, SUVs and trucks; ranging from 2006 to 2014.  It appears entry was made onto the business property by cutting the lock on an exterior security gate.

On Monday, February 9, 2015, shortly after the vehicles were discovered missing but prior to notifying law enforcement, an employee of the business saw one of the stolen vehicles, a red 2013 Hyundai Genesis, parked in an alleyway several blocks from the business.  The vehicle was occupied by a driver, described as a male, Hispanic, wearing a black cap, white tank-top and brown shorts.  The vehicle’s passenger was described as a male, Caucasian.  The vehicle’s license plate #6WZT113, was covered by a paper plate from “OC Auto Exchange” in black and gold lettering.  Orange County Sheriff’s deputies and officers from the Anaheim Police Department responded to the area but the vehicle had left.

Orange County Sheriff’s Department Auto Theft investigators responded and assumed responsibility for the investigation.  Based on evidence obtained from the scene information learned by investigators, three of the ten stolen vehicle were located a short distance from the auto services business.  The Orange County Auto Theft Task Force is assisting with the ongoing investigation.   

Anyone with additional information is asked to call the Orange County Sheriff’s Department at (714) 647-7000.  Anonymous tips may also be submitted to Orange County Crime Stoppers at 855-TIP-OCCS (855-847-6227) or at occrimestoppers.org.

What happens when HOA refuses full payment in cashiers check. Keystone Pacific and Harkins involved



Posted By CotoBlogzz

Rancho Santa Margarita, CA -  Special thanks to Sam Walker, a quality attorney, who has been instrumental in winning this battle. If you have real estate or HOA issues, or if you have litigation or appellate needs, Sam may be able to help you too: sam@samwalkerlaw.com 

UPDATE 6/2014! After publicly exposing the link between the board member and  the Keystone Pacific Community Manager, this community manager has been removed! However, they have not removed all of her daily phone calls and emails to the attorney and malicious additions to my ledger.

UPDATE 10/2014 -  To date it is estimated $180,000 has been wasted starting when the association’s attorney refused FULL PAYMENT in a cashier’s check for all assessments due! In violation of the law. 1367.1(b) Imagine… 900 MONTHS of the hard working owners (who live at this complex) assessment payments WASTED by poor and or vindictive decision making

HOA has wasted $300,000 in attorney fees. 187,000 to resident and at least $120,000 to its attorney.

Harkins is trying to get Small Claims court judge to award him $5K in attacks attorney fees over a $300 issue caused by the HOA. SMALL CLAIMS,

Walker motioned the court for $186,000 in attorney's fees from first case, while the HOA has paid Feldsott over $100,000

Read more:  http://huntingtoncontinentalvoice.com




Monday, February 09, 2015

Ramos, Santa Ana Man charged with involuntary manslaughter and medical practice with no license. Other victims possible



The OCDA and the SAPD are seeking the public's help identifying potential additional victims of a defendant. 

Posted by CotoBlogzz

Rancho Santa Margarita, CA - Liborio De La Luz Ramos, 44, Santa Ana, was charged today with one felony count of involuntary manslaughter by unlawful act and two felony counts of unauthorized practice of medicine, according to the Orange County District Attorney's office.

At the time of the crime, Ramos is accused of having no medical license or authorization to perform medical or surgical procedures in California.

Between Dec. 30, 2014, and Dec. 31, 2014, Ramos is accused of meeting with 40-year-old transgender woman Felipe De La Riva, who went by the name of Katya, at a hotel in Orange and illegally administering silicone injections to the victim's buttocks.

On Jan. 1, 2015, De La Riva admitted herself into Kaiser Hospital in Garden Grove and was then transferred to Kaiser Hospital in Anaheim to be treated for a respiratory problem, where she later died on Jan. 21, 2015. The defendant is accused of illegally administering the silicone injections to De La Riva, which led to silicone embolism syndrome, resulting in the victim's death.

On Jan. 1, 2015, Ramos is also accused of illegally administering an anesthetic and injecting a 28-year-old victim with silicone at the defendant's residence in Santa Ana.
SAPD investigated this case and arrested the defendant on Feb. 5, 2015.
The investigation in this case is ongoing. Anyone with additional information or who believes they have been a victim is encouraged to contact SAPD Detective Jim Garcia at (714) 245-8390or Supervising District Attorney Investigator Anthony Sosnowski at (714) 834-7538.
Senior Deputy District Attorney Keith Burke of the Homicide Unit is prosecuting this case. 

BoA, Wells Fargo, Citi & others to fork over $123 million for unlawful foreclosure of Servicemembers


Posted by CotoBlogzz
Rancho Santa Margarita, CA -The Justice Department announced today that under its settlements with five of the nation’s largest mortgage servicers, 952 service members and their co-borrowers are eligible to receive over $123 million for non-judicial foreclosures that violated the Servicemembers Civil Relief Act (SCRA).  The five mortgage servicers are JP Morgan Chase Bank N.A. (JP Morgan Chase); Wells Fargo Bank N.A. and Wells Fargo & Co. (Wells Fargo); Citi Residential Lending Inc., Citibank, NA and CitiMortgage Inc. (Citi); GMAC Mortgage, LLC, Ally Financial Inc. and Residential Capital LLC (GMAC Mortgage); and BAC Home Loans Servicing LP formerly known as Countrywide Home Loans Servicing LP (Bank of America).
In the first round of payments under the SCRA portion of the 2012 settlement known as the National Mortgage Settlement (NMS), 666 service members and their co-borrowers will receive over $88 million from JP Morgan Chase, Wells Fargo, Citi and GMAC Mortgage.  The other 286 service members and their co-borrowers already have received over $35 million from Bank of America through an earlier settlement.  The non-judicial foreclosures at issue took place between Jan. 1, 2006, and Apr. 4, 2012.
Section 533 of the SCRA prohibits non-judicial foreclosures against service members who are in military service or within the applicable post-service period, as long as they originated their mortgages before their period of military service began.  Even in states that normally allow mortgage foreclosures to proceed non-judicially, the SCRA prohibits servicers from doing so against protected service members during their military service and applicable post-military service coverage period.
Under the NMS, for mortgages serviced by Wells Fargo, Citi and GMAC Mortgage, the identified service members will each receive $125,000, plus any lost equity in the property and interest on that equity.  
Eligible co-borrowers will also be compensated for their share of any lost equity in the property.  

The following chart shows the number of service members who will be compensated by each of the servicers for the non-judicial foreclosures:
Amount of Money to be Distributed
Number of Service Members Eligible for Compensation
Bank of America 
$35,369,756
286
Citi
$14,880,578
126
GMAC Mortgage
$13,720,588
113
JP Morgan Chase
$31,068,523
188
Wells Fargo
$28,358,179
239
TOTALS
$123,397,624
952


Borrowers should use the following contact information for questions about SCRA payments under the National Mortgage Settlement:
Service members and their dependents who believe that their SCRA rights have been violated should contact an Armed Forces Legal Assistance office.  To find the closest office, consult the military legal assistance office locator at http://legalassistance.law.af.mil and click on the Legal Services Locator.  Additional information about the Justice Department’s enforcement of the SCRA and the other laws protecting service members is available at www.servicemembers.gov.

Thursday, February 05, 2015

Lipped and Ghirelli, Two HS teachers charged with providing alcohol to minors


Lipped and Ghirelli, Two HS teachers charged with providing alcohol to minors

Posted by CotoBlogzz
Rancho Santa Margarita, CA - Two high school teachers have been charged with contributing to the delinquency of a minor by illegally providing alcohol to a group of underage students after organizing an unapproved school camping trip at San Clemente Beach. 

According to the Orange Country District Attorney's office, Melody Suzanne Lippert, 38, Covina, and Michelle Louise Ghirelli, 30, West Covina, were each charged yesterday with one misdemeanor count of contributing to the delinquency of a minor.
At the time of the crimes, Lippert was a teacher at South Hills High School in West Covina and Ghirelli was an employee at the Covina-Valley Unified School District.
Lippert is accused of organizing a trip that was unapproved by the school or district by sending a group text message and inviting co-defendant Ghirelli and five other male high school students to a camping trip at San Clemente Beach.
Between Dec. 27, 2014, and Dec. 29, 2014, the defendants are accused of camping with the five students at San Clemente Beach and illegally distributing alcohol to the underage students throughout the duration of the trip.

The Covina-Valley Unified School District reported the case to the Orange County Sheriff's Department, who investigated this case.

The Orange County District Attorney's Office reviewed the evidence regarding the allegations of sexual assault and found there was insufficient evidence to prove beyond a reasonable doubt any other charges against the defendants.
The investigation is ongoing and additional charges could be filed at a later date.

Mission Viejo's Gary Lee Parsons accused of murdering wife

Mission Viejo's Gary Lee Parsons accused of murdering wife

Posted By CotoBlogzz

Rancho Santa Margarita, CA - Gary Lee Parsons, will be arraigned today for strangling and murdering his wife in their Mission Viejo home, according to the Orange County District Attorney's office.   

Parsons is being held on $1 million bail and is scheduled to be arraigned today, 
In the early hours of Feb. 3, 2015, Gary Parsons, 74, is accused of engaging in an argument with his wife, 73-year-old Barbara Parsons, inside their home. The argument escalated to a physical altercation and the defendant is accused of throwing the victim onto their bed and strangling her until she was unresponsive. He is accused of tucking her into the bed and leaving the home in his car. Gary Parsons is accused of calling a family member, who then called the Orange County Sheriff's Department (OCSD) to report the crime.

At approximately 12:30 p.m., OCSD received a call from the Parson and deputies arrived at the Mission Viejo home shortly thereafter. Parsons is accused of arriving home and parking in the driveway. After entering the home and finding Barbara Parsons deceased in her bed, OSCD deputies arrested the defendant.
OCSD investigated this case.
Senior Deputy District Attorney Larry Yellin of the Homicide Unit is prosecuting this case.