FACTS MORAL FACTS. Page 1 of 10. Copyright Thordsen Law Offices All rights reserved as allowed by law

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1 CONSUMER e-alert (November 11, 2013) SOME HORRIBLE FACTS ABOUT HOME LOAN MODIFICATIONS THAT HAVE BEEN GRANTED THROUGH THE HOME AFFORDABLE MODIFICATION PROGRAM (HAMP) AND THE TROUBLED ASSET RELIEF PROGRAM (TARP) FACTS 1. The Inspector General for the Troubled Asset Relief Program report states that more than 22 percent of homeowners that received the permanent HAMP modification have defaulted a second time and have gone into the foreclosure process. 2. The longer the modification has been in effect, the more likely the homeowner will default again. 3. Those that have received modifications since the HAMP program first began are defaulting at the rate of 46% and it is steadily increasing! This number has increased every year. (spec.insp gen. tarp prgm 7/2013) MORAL What can you do? If a homeowner is in danger of defaulting or redefaulting on a home mortgage the best is to try to avoid foreclosure. This is particularly true if there is a second mortgage on the property. The second mortgage holder with one exception can sue the homeowner if the first trust deed holder forecloses thus extinguishing the second deed of trust and leaving the promissory note secured by the second mortgage the ability to sue the homeowner. There are steps that can be taken that might avoid this. If a homeowner is in danger of foreclosure he should contact his attorney for advice. While the ability to keep the home may not be there, steps can be attempted to sell property at a short sale that may assist you and prevent the junior mortgage holders from suing you. If you would like to know more about this you may want to call for a telephone consultation. There is no charge and no obligation for the telephone consultation. TWO BAY AREA ATTORNEYS FACE DISBARMENT ON CHARGES THEY RAN A HOME FORECLOSURE RESCUE SCAM DURING THE MORTGAGE CRISIS THAT CHARGED MORE THAN $90,000 IN FEES BUT ULTIMATELY MADE THINGS WORSE FOR THEIR CUSTOMERS, A STATE BAR JUDGE SAID MONDAY NOVEMBER 4, 2013 FACTS STEVAN HENRIOULLE, 68, OF OAKLAND AND RONALD UY, 52, OF PACIFICA were found culpable on 27 counts of misconduct in nine cases, including two in Contra Costa County, and should be stripped of their law licenses, State Bar Court Judge Patrice E. McElroy ruled. Page 1 of 10

2 The ruling means the men are suspended from practicing law, and if they don't appeal within 30 days, their licenses will be revoked. Henrioulle said he plans to appeal judge's ruling because it contains numerous errors, but declined to elaborate. He was, however, willing to put some of the responsibility for the problems on the alleged victims. McElroy's ruling says the men, from July 2008 to October 2011, represented 200 homeowners who wanted to push lenders into setting better terms for their loans. They were among thousands of state homeowners who sought to renegotiate unaffordable loans during the Great Recession. Over 230,000 homes were lost to foreclosure in California in 2008 alone. The homeowners agreed to pay them $3,995 to $4,500 in fees up front, and from then on they were to pay $500 to $850 monthly as long as their case was going on. Henrioulle and Uy claimed they would sue the banks, stopping foreclosure and winning the clients title to their homes "free and clear," McElroy's ruling says. Instead, the clients in some cases were advised to stop paying their mortgage but told to keep making their payments to the lawyers. Of the nine cases cited by the Bar, only the homeowners who personally negotiated with the banks were able to save their homes, the ruling says. McElroy's ruling lists a series of unperformed legal tasks or broken promises that led to the charges. A Sacramento woman learned after her home was foreclosed and auctioned off, that the lawsuit she'd paid for against the bank was never filed. A Concord man was told to stop paying his mortgage and rent the house out to an elderly woman. A coconspirator of the lawyers, TARIK SAMI SOUDANI, explained an elderly renter gave the lawyers the ability to stop any bank foreclosure, McElroy wrote. A Pinole woman was also told to stop paying her mortgage and paid the lawyers about $6,200 to file a suit against her lender. She hired the lawyers in January 2011, but by September 2011, they still had not filed a suit seeking better loan terms for her. After she confronted Henrioulle about the lapse, he told her she didn't qualify for a loan modification, according to the judge's ruling. If the lawyers decide to appeal the ruling against them, the case could drag on for months. They have 30 days to appeal to the State Bar Court Review Department, and if they don't agree with its findings, they could ask the state Supreme Court, the final arbiter, to review the case. (contacostatmes 11413) MORAL Before you pay for anyone to do a loan modification be aware there are both state AND federal laws that state, no one, not even an attorney can collect an advance fee for loan modifications. The person MUST FULLY PERFORM EVERYTHING THAT NEEDS TO BE DONE AND THE MODIFICATION HAS TO BE TOTALLY COMPLETED IN FULL BEFORE ANYONE IS ALLOWED TO COLLECT A FEE Page 2 of 10

3 OF ANY KIND RELATED TO THE MODIFICATION. If anyone requests payment before this then you may want to run, not walk to the nearest exit. If you are on verge of foreclosure with second and possibly third mortgages, these junior lien holders may be able to sue you after the first deed of trust forecloses. There may be a way to prevent this. If you have any questions about this defense to collecting a deficiency you may contact Herman Thordsen at our office There is no charge for the consultation. DID YOU KNOW THAT YOU MAY BE LEGALLY RESPONSIBLE FOR TAKING CARE OF YOUR PARENTS IN THEIR OLD AGE IF THEY CANNOT TAKE CARE OF THEMSELVES? FACTS There are 29 states including California that have what are called filial responsibility laws. These laws create a legal duty for adult children to support indigent parents. The twenty-nine states that currently have filial responsibility statutes are: Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia and West Virginia. If you would like to look at the codes sections and still feel you need further information you may contact us as indicated. If we are unable to assist we will recommend the Bar Association in state to find an attorney. FILIAL SUPPORT STATUTES in the UNITED STATES 29 STATES HAVE STATUTES and CASES RELEVANT TO ISSUE OF ADULT CHILD S LIABILITY FOR SUPPORT OF PARENT Alaska Alaska Stat (Duty of parent & child when poor) Alaska Stat (Persons liable for support and burial) Alaska Stat (Crime) Arkansas Ark. Code Ann (Duty limited to mental health services) Alcorn v Ark. State Hospital,367 S.W.2d 737 (Ark. Supreme 1963) (decided under prior law, discussing limits on secondary liability of family member (father) for costs of mental health care to family member (adult daughter) in state hospital) Stewart v. Stewart, 1990 WL (Ark. App. 1990) (dicta, discussing parents financial liability for mentally disabled adult son) California Cal. Fam. Code (Duty to Support Parents) Cal. Fam. Code (Relief from Duty to Support Parents) Cal. Welf. & Inst. Code & & (Including Releases of Obligation to Reimburse State) Page 3 of 10

4 Cal. Penal Code 270(c) (Crime) Swoap v. Superior Ct. of Sacramento Co., 516 P.2d 840 (Cal. 1973) (decided under prior version of statute, holding statutory duty of children to support needy parents and reimburse state for support is constitutional and does not deny equal protection of laws) People v. Heizman, 886 P.2d 1229 (Cal. 1994) (discussing filial duties in context of criminal case of elder abuse filed against adult daughter) Connecticut Conn. Gen. Stat. Ann (Crime, for refusing reasonable necessary support to parent under age 65) Delaware Del. Code Ann. Tit (Duty to support poor person includes spouse, parents & children). Del. Code Ann. Tit (Just cause defense to failure to support) Georgia GA. Code Ann (Children of full age shall support paupers) Indiana Ind. Code Ann thru 7 (Liability of children for support of parents & contribute to burials) Ind. Code Ann (Crime) Pickett v. Pickett, 251 N.E.2d 684 (Ind. App. 1969) (upholding obligation of son to support mother under prior version of statute) Davis v. State, 240 N.E.2d 54 (Ind. 1968) (holding son s gainful employment did not mean son was able to support mother under prior version of statute) Iowa Iowa Code Ann (Defining poor person) Iowa Code Ann (Liability) Iowa Code Ann (Remote relatives - Grandparents) Kentucky KY. Rev. Stat. Ann (Crime) Louisiana La. C.C. Art. 229 (Reciprocal duties; parents & children) La. C.C. Art. 239 (Reciprocal duties; illegitimate children) La. R.S. 13: 4731 (Alimony from children or grandchildren) Maryland MD. Code Ann. Fam. Law thru (Support claims by destitute parent or adult children) Corby v. McCarthy, 840 A.2d 188 (Md. 2003) (recognizing parents duty to support adult disabled child) Massachusetts Mass. Gen. Laws Ann. ch. 273, 20 (Crime) Mississippi Miss. Code Ann (Liability of parents, grandparents, brothers & sisters) Page 4 of 10

5 Montana Montana Code Ann (Reciprocal duties of parents &children) Montana Code Ann (Duty to support indigent parents) Nevada Nev. Rev. Stat. Ann (Child s duty to reimburse for county hospitalization of indigent parents, where child promised to support parent in writing) Nev. Rev. Stat. Ann. 439B.310 (Defining indigent) New Hampshire N.H. Rev. Stat. Ann. 167:2 (Reimbursement to state or county for public assistance to parent) N.H. Rev. Stat. Ann. 546-A:2 (Liability of spouses, parent, child for reasonable subsistence) New Jersey N.J. Stat. Ann. 44:4-100 thru 44:4-103 (Liability of parents, spouses and children of poor persons) N.J. Stat. Ann. 44:1-139 thru 44:1-142 (Compelling assistance from relatives including children) Terenzio v. Nelson, 258 A.2d 20 (N.J. Super. Ct. App. Div. 1969) (permitting crossborder enforcement of prior New York law to recover mother s hospitalizations costs from N.J. son) Pavlick v. Teresinski, 149 A.2d 300 (Juv. & Dom. Rel. 1959) (upholding mother s claim against two sons). North Carolina N.C. Gen. Stat (Crime) North Dakota N.D. Cent. Code (Reciprocal duties of parents and child; promise of adult child to pay for necessaries furnished to parent is binding) Ohio Ohio Rev. Code Ann (Crime) St. Clare Center, Inc. v. Mueller, 517 N.E.2d 236 (Ohio Ct. App.1986) (holding statute criminalizing failure to provide support for parent does not create civil liability counterpart) Oregon OR. Rev. Stat (Duty of support for children and parents) Or. Rev. Stat (Crime) State v. Nolen, 260 P.3d 810 (Or. Ct. App. 2011) (holding that in absence of agreement between mother and son, son had no duty to care for mother and therefore no liability for failing to provide her with care) Pennsylvania 23 Pa. C.S.A thru 4606 (Duty of parents to indigent child and child to indigent parents) Savoy v. Savoy, 641 A.2d 596, 600 (Pa. Super. Ct. 1994) (holding son liable for $150 per month to pay mother s hospital expenses) Presbyterian Med. Ctr. v.budd, 832 A.2d 1066 (Pa. Super. 2003) (holding statute may be used by nursing home to seek recovery from adult daughter who misused power of attorney and failed to use mother s money to pay for care) Health Care & Retirement Corp. of America v. Pittas, 46 A.3d 719 (Pa. Super. Ct. 2012) (holding son liable to nursing home for $93,000 for mother s six months of care) Rhode Island R.I. Gen. Laws thru (Penalty for unreasonable neglect of destitute parents) R.I. Gen. Laws thru (Obligation of kindred for support) Page 5 of 10

6 Landmark Med.Ctr. v. Gauthier, 635 A.2d 1145 (R.I. 1994) (upholding medical center s claim against wife and children for expenses incurred by wife and husband before his death, and children would be liable under both sets of statutes if mother s assets insufficient to cover debt) South Dakota S.D. Codified Law (Adult child s duty to support parent) S.D. Codified Law (Right of contribution from brothers and sisters) S.D. Codified Laws (Defining indigent or poor person ) Prairie Lakes Health Care Sys. v. Wookey, 583 N.W.2d 405 (S.D.1998) (holding hospital entitled to make statutory claim against son for father s health care debt, where real estate transfer deemed fraud) Americana Healthcare Ctr. v. Randall, 513 N.W.2d 566 (S.D. 1994) (permitting mother s nursing home to make statutory claim against son to be paid from trust funds inherited from mother) Accounts Management Inc. v. Nelson, 663 N.W. 2d 237 (S.D. 2003) (holding that where hospital s patient (or his estate) was able to provide for himself, the children of the deceased patient were not obligated to pay. Tennessee Tenn. Code Ann (Definition of responsible parties includes children) Tenn. Code Ann (Welfare Department may require reimbursement from responsible parties) Utah Utah Code Ann (Support of Poor by Relatives: children; parents, brothers and sisters, grandchildren, grandparents) Vermont VT. Stat. Ann. Tit. 15, 202 & 203 (Penalties for nonsupport) Virginia VA. Code Ann (Support of parents by children) Peyton v. Peyton, 8 Va. Cir. 531, 1978 Va. Cir. Lexis 19 (1978) (holding son liable to reimburse brother for mother s past care expenses) West Virginia W. VA. Code (Liability of relatives for support, including children, parents, brothers & sisters.) Puerto Rico 8 L.P.R.A. 712 (Duty of descendants to the elderly (translated from Spanish) ) Chavez v. Hernandez et al., Civil Núm. KAL , 2008 WL (TCA) (P.R. Cir. 2008) (holding four siblings liable equally to pay for mother s care, totaling $1,800 per month plus retroactive payments of $19,000) MORAL In all we have 30 here. That is because Nevada is a voluntary state where the child must agree in writing first in order to be liable. So, if you are an indigenous parent you can get assistance if you live in one of the above states. If you are a child of the parent you might have problems if your parent, the state or a creditor chases after you on the debt. If you need assistance, you should contact an attorney and if you do not have one then we are available. THE INFORMATION CONTAINED HEREIN IS NOT LEGAL ADVICE. AN ATTORNEY SHOULD BE CONSULTED IF YOU DESIRE LEGAL ADVICE Page 6 of 10

7 SPEAKERS AND SPEAKING ENGAGEMENTS DATE: TIME: LOCATION: TOPIC: SPEAKER: COST: NO SEMINARS SET AT THIS TIME. The Thordsen Law Firm for over 40 years is a full service law firm representing clients in personal injury, trusts and wills and defense of lawsuits including but not limited to debt collection copyright and trademark violations. We have successfully represented individuals and companies in many civil and criminal matters including but not limited to personal injury, those under investigation or charged with violations of licensing and other laws and regulations. We develop and advise companies on audit procedures and policies to avoid violations of California Labor laws, minimum wage, overtime and termination of employees. Mr. Thordsen is considered highly knowledgeable in the area of real estate law. For estate planning protection a consultation with Mr. Sean Thordsen may assist you in deciding how you would like to plan your estate. On Federal Matters we are able to represent client nationwide. Our Attorneys are licensed in California and Nevada with representative clients throughout the country. Jozef Magyar evaluates those with debt problems for potential bankruptcy, defending civil suits including those brought against borrowers by lenders or their assignees after their homes have been foreclosed for repayment of losses on mortgage loans, mortgage fraud defense and general real estate matters. For further information contact us at (888) or (714) Kalmus Drive, Suite B250 Costa Mesa, CA Page 7 of 10

8 (888) Herman Thordsen, Esq. Jozef G. Magyar, Esq. Sean Thordsen, Esq. Our trial lawyer for our personal injury cases is Alan Brown a member of the National Trial Lawyers Association and past president of the Orange County Trial Lawyers Association. The National Trial Lawyers of America is by invitation only to the 100 top trial lawyers in each state. We are quite proud of Alan s accomplishment and the fact that we may serve those of you that have been injured so that you receive just compensation for your injuries. Recently he has settled two or our cases for the policy limits. Perhaps we can assist you. The consultation is free and in the event of serious injury we will come to you. Alan Brown is a member of the National Trial Lawyers Association. It is by invitation only to the 100 top trial lawyers in each state. He obtains excellent results. TOO MANY CREDITORS BOTHERING YOU? Bankruptcy can potentially stop a fraud judgment from being entered against you thus reducing the risk of a non dischargeable judgment being entered against you and the risk of losing a professional license. If a foreclosure occurred the lenders on the junior mortgages have the right to sue when it is a non purchase money mortgage but there are certain exceptions. The lenders can sue on the junior mortgages as unsecured promissory notes and they are doing just that. The bankruptcy can prevent or stop this lawsuit. Bankruptcy is a form of asset protection believe it or not. It can in certain circumstances protect OVER $175,000 and more. A Chapter 13 bankruptcy may be able to remove that second and even third mortgage by stripping it down as an unsecured lien and paying a percentage of the amount potentially allowing you to save the home. Past due Income Taxes under certain circumstances can be discharged in bankruptcy. Under certain circumstances you may be able to legally keep one or more of your credit cards after the bankruptcy so you have something to reestablish credit and to use when traveling. DISCLOSURE Page 8 of 10

9 The services or benefits with respect to bankruptcy relief are under Title 11 of the United States Code. In doing this: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code within the meaning of Title 11 United States Code Section 528. IF YOU WOULD LIKE TO SUBSCRIBE TO THE CONSUMER E-ALERT AT NO COST PLEASE SUBMIT THE FOLLOWING INFORMATION to or FAX TO or contact us at NAME: ADDRESS: Page 9 of 10

10 CITY, STATE, ZIP CODE: TELEPHONE: If you do not desire to receive any further e mails from our firm please reply with the word UNSUBSCRIBE and you will be deleted from our e mail for all purposes. Page 10 of 10

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