Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich

Announcements in Forum : MLM / Pyramid Scams

http://www.scam.com/images/statusicon/post_new.gif 11-23-2011 until 01-24-2012

http://www.scam.com/image.php?u=1757...ine=1320927526 Zachary http://www.scam.com/images/statusicon/user_offline.gif Admin Join Date: Nov 2005 Location: Lisbao, Portugal Posts: 42 http://www.scam.com/images/reputatio...tation_pos.gif

Announcement: Getting Help With Your Mortgage Listen to this announcement; it may change your financial future. Have you stopped making mortgage payments that you cant afford on a home that is upside down? Or are you considering a short sale or loan modification? Think again, Bella Homes has a better option for you to consider to resolve your real estate challenge. Bella Homes is a national real estate investment company that has helped hundred’s of homeowners. They proudly stand out as an ethical and legitimate alternative to those less credible companies whose predatory tactics do nothing but exploit the homeowner’s financial predicament. If your home qualifies, Bella Homes will buy your home for the amount of your mortgage even if your home is upside down. Don’t pack, stay put, Bella Homes will lease your home back to you for 40 to 60% of your current payments and grant you an exclusive option to buy your home back at 90% of the appraised value and give you a new payment that is 40-60% below your current mortgage payment with a new mortgage balance that is also 40-60% less than your current mortgage balance. What’s the catch? There is no catch! That’s correct. A new payment and mortgage balance 40-60% lower than your current mortgage. Bella Homes believes people not banks should own homes. Visit http://www.bellahomesllc.net to see if your home qualifies for the Bella Homes program today! http://www.bellahomesllc.net/images/...s/banner02.jpg This is an approved message by scam.com. scam.com accepts no responsibility or liability for the actions of its advertisers

http://www.bellahomesllc.net/images/...s/banner01.jpg

But wait, there is much more. Zachary is actually scam.com owner, George Dranichak (porn spammer and promoter), and Bella Homes is an LLC that was being exposed as a possible scam. Where did the thread and posts go you ask? Well, George takes down threads with threats from fake lawyers and with incentive as well I am told. So, folks that have been hurt by Bella posted on a long thread there voicing their concerns. Poof it disappears and suddenly George is advertising for them and even taking the bold step of announcing this. A wonderful birdie archived the thread. Read and decide for yourself what kind of scambuster and businessman George really is:

Attachment 454

Attachment 455

Attachment 456

Attachment 457

Soapboxmom

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Originally Posted by Soapboxmom

But wait, there is much more. Zachary is actually scam.com owner, George Dranichak (porn spammer and promoter), and Bella Homes is an LLC that was being exposed as a possible scam. Where did the thread and posts go you ask? Well, George takes down threads with threats from fake lawyers and with incentive as well I am told. So, folks that have been hurt by Bella posted on a long thread there voicing their concerns. Poof it disappears and suddenly George is advertising for them and even taking the bold step of announcing this. A wonderful birdie archived the thread. Read and decide for yourself what kind of scambuster and businessman George really is:

Attachment 454

Attachment 455

Attachment 456

Attachment 457

Soapboxmom

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Just reading the ad it's a scam. The numbers can't work.
Plus there's:

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Registrant:
Domain Discreet
ATTN: bellahomesllc.net
Rua Dr. Brito Camara, n 20, 1
Funchal, Madeira 9000-039
PT
Phone: 1-902-7495331
Email: c4be5ce30a1612337fe9bf756b8e0c74@domaindiscreet.co m



Registrar Name....: Register.com
Registrar Whois...: whois.register.com
Registrar Homepage: Register Domain Names at Register.com - Business Web Hosting Services and Domain Name Registration Provider

Domain Name: bellahomesllc.net
Created on..............: 2010-04-08
Expires on..............: 2013-04-08

Administrative Contact:
Domain Discreet
ATTN: bellahomesllc.net
Rua Dr. Brito Camara, n 20, 1
Funchal, Madeira 9000-039
PT
Phone: 1-902-7495331
Email: c4be5ce20a1612332db4462f412016f7@domaindiscreet.co m


Technical Contact:
Domain Discreet
ATTN: bellahomesllc.net
Rua Dr. Brito Camara, n 20, 1
Funchal, Madeira 9000-039
PT
Phone: 1-

Email: c4be5ce30a1612334d0f0cc69fa92e38@domaindiscreet.co m


DNS Servers:
ns1.nichelabs.net
ns2.nichelabs.net

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Boy....that phone number certainly brings up some unsavory info:

902-749-5331

902-749-5331 / 9027495331

Quote:

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This message does NOT involve a directed phone call. BUT, a SPAM e-mail that wants BANKING INFO form the receiver. Two phone numbers involved: and 877-209-2327, 902-749-5331

The level of slickness has been upgraded to being registered with Welcome to uwhois.com, and Register.com. A means of fronting legitimacy.

RM
Ragingmt@rochester.rr.com
05-16-08

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thought some one might find this interesting

Registrant:
Domain Discreet
ATTN: classiccloseouts.com
Avenida do Infante 50
Funchal, Madeira 9004-521
PT
Email: 059ce8160a1411500050a803c58db24f@domaindiscreet.co m

Registrar Name....: REGISTER.COM, INC.
Registrar Whois...: whois.register.com
Registrar Homepage: Register Domain Names at Register.com - Business Web Hosting Services and Domain Name Registration Provider

Domain Name: classiccloseouts.com

Created on..............: Tue, Apr 16, 2002
Expires on..............: Sat, Apr 16, 2011
Record last updated on..: Thu, Jul 31, 2008

Administrative Contact:
Domain Discreet
ATTN: classiccloseouts.com
Avenida do Infante 50
Funchal, Madeira 9004-521
PT
Phone: 1-902-7495331
Email: 059ce80d0a14115001ff41b3c2e7ca95@domaindiscreet.co m

Technical Contact:
Domain Discreet
ATTN: classiccloseouts.com
Avenida do Infante 50
Funchal, Madeira 9004-521
PT
Phone: 1-902-7495331
Email: 059ce8180a14115000c010f0fe41ea23@domaindiscreet.co m

DNS Servers:

ns.rackspace.com
ns2.rackspace.com


Visit AboutUs.org for more information about classiccloseouts.com

AboutUs: classiccloseouts.com

Register your domain name at Register Domain Names at Register.com - Business Web Hosting Services and Domain Name Registration Provider

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http://i218.photobucket.com/albums/c...an/ftclogo.jpg

Unfortunately, many companies use half-truths and even outright lies to sell their services. They promise relief, but don't deliver.
In fact, many of these companies leave their homeowner customers in worse financial shape.
The Federal Trade Commission (FTC), the nation's consumer protection agency, has a Rule in place to protect homeowners.
The Mortgage Assistance Relief Services (MARS) Rule makes it illegal for companies to collect any fees until a homeowner has
actually received an offer of relief from his or her lender and accepted it. That means even if you agree to have a company help
you, you don't have to pay until it gets you the result you want.

If you're struggling to make mortgage payments or facing foreclosure, the FTC wants you to know how to recognize a mortgage
assistance relief scam and exercise your rights under the new Rule. And even if the foreclosure process has already begun,
the FTC and its law enforcement partners want you to know that legitimate options are available to help save your home.

How the Scams Work

Fraudsters use a variety of tactics to find homeowners in distress. Some sift through public foreclosure notices in newspapers
and on the internet or through public files at local government offices, and then send personalized letters to homeowners.
Others take a broader approach through ads on the internet, on television or radio, or in newspapers; posters on telephone poles,
median strips, and at bus stops; or flyers, business cards, or people at your front door.
The scam artists use simple – but potentially deceptive – messages, like:

"Stop foreclosure now!"

"Get a loan modification!"

"Over 90% of our customers get results."

"We have special relationships with banks that can speed up the approval process."

"100% Money Back Guarantee."

"Keep Your Home. We know your home is scheduled to be sold. No Problem!"

Once they have your attention, they use a variety of tactics to get your money. By knowing how their scams work, the FTC says
you'll be better able to defend against fraud.

The "Forensic Audit"


In exchange for an upfront fee, so-called forensic loan "auditors," mortgage loan "auditors," or foreclosure prevention "auditors"
offer to have an attorney or other expert review your mortgage documents to determine if your lender complied with the law.
The "auditors" say you can use their report to avoid foreclosure, speed the loan modification process, reduce what you owe,
or even cancel your loan. In fact, there's no evidence that forensic loan audits will help you get a loan modification or any other mortgage relief.

Rent-to-Buy Schemes

Con artists who use the rent-to-buy scheme tell you to surrender the title to your house as part of a deal that allows you to
stay there as a renter and buy it back later. They say that surrendering the title will let a borrower with a better credit rating
get new financing and prevent the loss of the home. But the terms of these deals usually are so expensive that buying back
your home becomes impossible. You lose the house and the scam artist walks off with the money you put into it.
Worse, when the new borrower defaults on the loan, you're the one who's evicted.

In a variation, the scam artist raises the rent over time so you can't afford it. After missing several rent payments, you're evicted,
leaving the "rescuer" free to sell the house.

In a similar equity-skimming scam, fraudsters offer to find a buyer for your home, but only if you sign over the deed and move out.
They promise to pay you a portion of the profit when the home sells. Once you transfer the deed, they simply rent out the home
and pocket the proceeds while your lender goes ahead with the foreclosure. The result: You lose your home – and you're still
responsible for the unpaid mortgage because transferring the deed does nothing to transfer what you owe on the mortgage.

Bait-and-Switch


In a bait-and-switch scam, con artists give you papers they claim you need to sign to get another loan to make your mortgage
current. But buried in the stack is a document that surrenders the title to your house to the scammers in exchange for a "rescue" loan.

Know your Rights

The FTC's MARS Rule gives you rights – and sets out requirements for people who sell mortgage assistance relief services:
You don't have to pay any money until the company delivers the results you want. It's illegal for a company to charge you a penny until:

1. it's given you a written offer for a loan modification or other relief from your lender; and
2. you accept the offer. The company also must give you a document from your lender showing the changes to your loan if
3. you decide to accept your lender's offer.
4. And the company must clearly tell you the total fee it will charge you for its services.

Companies must disclose key information. The Rule requires companies to spell out important information in their advertisements
and telemarketing calls, including that:

• They're not associated with the government, and their services have not been approved by the government or your lender;
• Your lender may not agree to change your loan;
• If a company tells you to stop paying your mortgage, it also has to warn you that doing so could result in your losing your
• home and damaging your credit.
• Companies can't tell you to stop talking to your lender. You should always feel free to contact your lender directly to
• see whether they can offer you additional options. Companies that tell you otherwise are breaking the law.

If a company doesn't follow these rules, it could be trying to scam you.

Getting Help from a Lawyer

Some lawyers may offer to help you get a loan modification or other mortgage relief. Under the MARS Rule,
lawyers can require you to pay an upfront fee, but only if:

• They're licensed to practice law in the state where you live or your house is located;
• They're providing you with real legal services;
• They're complying with state ethics requirements for attorneys; and
• They place the money in a client trust account, withdraw fees only as they complete actual legal services, and notify you of each withdrawal.

Unfortunately, some people advertising mortgage assistance relief services falsely claim to be getting you help from lawyers.
So before you hire someone who claims to be an attorney or claims to work with attorneys, do your homework:
Get the name of each attorney who'll be helping you, the state or states where the attorney is licensed, and the
attorney's license number in each state. Your state has a licensing organization – or "bar" – that monitors attorney conduct.
Call your state bar or check its website to see if an attorney you're thinking of hiring has gotten into trouble.
The National Organization of Bar Counsel has links to your state bar: NOBC - The National Organization of Bar Counsel-Bar Associations and Disciplinary Authorities

Ask relatives, friends, and others you trust for the name of an attorney with a proven record of getting help for homeowners facing foreclosure.

Beware of attorneys who make bold promises or try to pressure you into hiring them.

Warning Signs

If you're looking for a loan modification or other help to save your home, avoid any business that:

• guarantees to get you a loan modification or stop the foreclosure process – no matter what your circumstances;
• tells you not to contact your lender, lawyer, or housing counselor;
• claims that all or most of its customers get loan modifications or mortgage relief;
• asks for an upfront fee before providing you with any services (unless it's a lawyer you've checked out thoroughly);
• accepts payment only by cashier's check or wire transfer;
• encourages you to lease your home so you can buy it back over time;
• tells you to make your mortgage payments directly to it, rather than your lender;
• tells you to transfer your property deed or title to it;
• offers to buy your house for cash for much lower than the selling price of similar houses in your neighborhood; or
• pressures you to sign papers you haven't had a chance to read thoroughly or that you don't understand.

Where to Find Legitimate Help

If you're having trouble paying your mortgage or have gotten a foreclosure notice, contact your lender immediately.
You may be able to negotiate a new repayment schedule.

Other foreclosure prevention options, including reinstatement and forbearance, are explained in Mortgage Payments Sending You Reeling? Here's What to Do, a publication from the FTC. Find it at ftc.gov/yourhome.


You also may contact a credit counselor through the Homeownership Preservation Foundation (HPF),
a nonprofit organization that operates the national 24/7 toll-free hotline (1.888.995.HOPE) with free,
bilingual, personalized assistance to help at-risk homeowners avoid foreclosure.
HPF is a member of the HOPE NOW Alliance of mortgage servicers, mortgage market participants and counselors. More information about HOPE NOW is at hopenow.com.

Report Fraud

If you think you've been the victim of foreclosure fraud, contact the Federal Trade Commission, ftc.gov, or
your state Attorney General's office, naag.orgor the Better Business Bureau, bbb.org.

For More Information

To learn more about mortgages and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov,
the U.S. government’s portal to financial education.

The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide
information to help consumers spot, stop and avoid them.
To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a video, How to File a Complaint, at ftc.gov/video to learn more.
The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

Mortgage Assistance Relief Scams: Another Potential Stress for Homeowners in Distress

You heard it here first! George Dranichak doesn't stop scammers in their tracks he takes money to advertise for them. One certainly can't report a scam there! George is such scum he removes the thread about the scam knwoing there are mountains of legitimate complaints and then he personally endorses it and covers the forum in the ads fir which he is well paid!

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12-09-2011 until 01-01-2012

http://scam.com/image.php?u=17577&dateline=1323431559 Administrator http://scam.com/images/statusicon/user_offline.gif Vladimir Join Date: Nov 2005 Location: Belgrade, Serbia Posts: 45 http://scam.com/images/reputation/reputation_pos.gif

ADVERTISING SPECIALS **** We have one spot available now. Get your 250 by 250 banner on over 200,000 Google Indexed pages 30 days $1000. First $1000 takes it. You will get the banner spot after every 3rd reply on the whole website! Email scamcomwebmaster@gmail.com to get an invoice. OR Get your business announced! Look at Bella Homes below. 60 day announcement, writeup, and banner linking to your company. We have 10 spots $400, normally $600. Email me Get a two to five word text link on over 800,000 pages for $750 a month, normally $1000. 5 spots available. These prices are for December only, spots on limited, act now. __________________ Advertising Specials On Scam.com Launch Your Business Here !

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Bella Homes Llc 7047 E. Greenway Parkway Suite 250 Scottsdale Arizona 85254 United States of America

Phone: 480-993-1968 Web: Bellahomesllc.net Category: Multi Level Marketing

Bella Homes Llc Daniel David Delpiano Multi level marketing Scam Rip you off- rip you off Scottsdale Arizona

*REBUTTAL Individual responds: Rebuttal from Ron and Jody Courtney

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Bella Bella Bella Homes Llc. Where should I begin. How about how your company entices people to join your MLM. Promises of helping home owners and big commissions for representatives. That's the hook, now the truth.

If you are so naive to believe these snake oil salesman, then you deserve to be scammed.

I will not throw wild accusations, I will let the facts speak for themselves. Please protect yourself and do your own research, however here is the company lineup.

Bella Homes Llc.

President and CEO

Mr. Mark Diamond Look him up under Mark and Terry Diamond and enjoy the States point of view on these two.

Mr. Daniel David Delpiano Please google and have fun with all the Georgia and Florida State photographs.

Mr. Sunil Wadhwa O.K. Ready check out State of California Cease and Disist Order dated December 8, 2004 for his company Positive Return Inc. Then go to his most recent fun, State of California where he lost his case and was threatened by the Judge that if he continues this practice he will be labeled Vixtious litigant, which basically means that you will not be allowed in Federal or State courts again due to frivolous lawsuits.

Mr. Rick Walsh Sales scam extraordinaire, this guy is currently working three MLM's names. Sisel International, Bella Homes Llc. The home loan hero.

Mr. Ron and Jody Courtney Many very unhappy people know these two, they were senior directors at the company Eiro Research another MLM. All the reps for Eiro Research woke up to find that the Courtney family had left town and all the money was gone. ROIunlimited.com another MLM going to town, watch-out.

Beware the site scam.com. Seems like a cover site.

I know people who have worked with this company, they will submit a deal only to be denied, after all the work of putting it together.

Why

Answer, the company has no intention of performing the stated service, just sit back and collect dues.

Let me ask you, do you really think a band of MLM'ers are really gonna take on Wall St? Here is the thing, most judges are elected, who finances their campaigns, yes Wall St.

So this little band of, whatever they are, will continue down the road like they have there entire professional path to the next unexpectating group of good hard working decent Americans. What will be left in their wake is disappointment, people getting ripped off of there hard earned money and broken dreams when you have to tell a homeowner they were turned down with no reason given.

Yours truly

Sad Panda

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The scambusters on the thread George Dranichak deleted noted this:
http://www.georgia.gov/dbf/images/dbf_press_logo.gif

http://www.georgia.gov/dbf/images/deal_governor.gif	http://www.georgia.gov/dbf/images/br...mmissioner.gif
FOR IMMEDIATE RELEASE	Wednesday, May 11, 2011

Georgia Department of Banking and Finance's Order to Cease and Desist Issued to Bella Homes, LLC Becomes Final


Atlanta, Georgia - On May 10, 2011, an Order to Cease and Desist issued by the Georgia Department of Banking and Finance (“Department”) to Bella Homes, LLC, located at 7047 E. Greenway Parkway, Suite 250, Scottsdale, Arizona 85254, became final.
This Order to Cease and Desist was issued by the Department after it obtained evidence that Bella Homes, LLC engaged in residential mortgage brokering/lending activities without a license or under an applicable exemption.
Pursuant to Georgia law, it is prohibited for any person to directly or indirectly make, solicit, purchase, place, process, negotiate, or service mortgage loans for others, or offer to solicit, process, place, or negotiate mortgage loans for others without a mortgage license or pursuant to an exemption from licensure.

Contact:
Rod Carnes
Deputy Commissioner for Non-Depository Financial Institutions
Phone: (770) 986-1371
E-mail: rodc@dbf.state.ga.us

The Department has regulatory and/or licensing authority over state-chartered banks, credit unions, trust companies, mortgage loan originators, mortgage brokers, mortgage lenders, mortgage processors, check cashers, sale of check companies, money transmitters, international banking organizations, and bank holding companies conducting business in Georgia. Visit us on the Web at: http://dbf.georgia.gov/


Associated Document(s):

http://www.georgia.gov/gta/file_type_icons/pdf_file.gif	BellaHomesLLC_finalorder.pdf
	Order to Cease and Desist

__________________________________________________ __________________________________________________ ____________________________
No doubt more of those will follow!

Soapboxmom

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Bella Homes, LLC is the result of a collaboration of some of the best legal minds in the nation and is founded upon the fundamental principle that families, not banks, should own homes. We proudly stand out as an ethical and legitimate alternative to those less credible companies whose predatory tactics do nothing but exploit the homeowner’s financial predicament.

We are committed to helping troubled homeowners remain in their homes and secure them for long time use. Our program, which addresses a number of financial crises, is compliant with both state and federal law, is endorsed by the legal community and is highlighted by the following:

• We purchase homes from troubled homeowners whose homes are upside down with little to no equity
• For qualified homeowners, we will purchase their home from them for the amount of the first mortgage and second mortgage and other liens and then lease their home back to them for a period of three to seven years.
• This lease will include an Option Memorandum, granting the homeowners an exclusive option to repurchase their home.
• Our goal, after we purchase a home or commercial property, is to purchase the underlying first mortgage on said property from the mortgage company or bank at a discount. If we are unsuccessful in doing so, we will conduct a forensic audit of the mortgage to determine if the mortgage is illegal. If that is, indeed, the case, we will then file a lawsuit against the lender to prevent them from proceeding with foreclosure.
• Once we successfully purchase the mortgage from the lender, we will, at the end of their lease, sell the home back to them at 90% of the fair market value at that time and credit them at closing for 60% of the rent paid. If they are unable to obtain a mortgage, we will also provide them with owner financing through one of our subsidiaries or affiliates at the time they exercise their exclusive option to repurchase the home. Based on the foregoing, the homeowners’ new monthly payment and mortgage balance will ultimately be 40% to 60% lower than their current monthly payment and principal balance.
• By the end of the lease, if we are unsuccessful in purchasing the mortgage from the lender, we will then deed the property back to the party that we purchased the home from.

The transition from homeowner to tenant is but a temporary one and our leases are designed to afford you every right and protection available under law. By participating in our program, you can enjoy every benefit and safeguard that our program has to offer, all at no cost to you, including the following:

• In general, if there is a foreclosure of any dwelling or residential real property, any bank or entity taking over the property must do so subject to any existing lease that involves a "bona fide tenant" operating under a "bona fide lease". This means that a lease meeting the qualifications of the ACT will survive foreclosure and be enforceable for the remainder of the lease term.
• Protection from personal liability for any financial deficits due your lender after foreclosure or short sale, also known as a court-mandated deficiency judgment (which can be used by your lender to garnish your wages up to twenty years);
• A new, lower monthly payment, typically 40% - 60% of your current monthly payment;
• A new principal balance, typically 40% - 60% lower than your current principal balance;
• A contractual obligation to limit increased payments. This is in stark contrast to the aforementioned predatory agencies whose contracts do not legally bind them to protect you and who will offer you a low rate at the beginning and thereafter raise it far beyond your ability to pay;
• Owner financing, even if you have difficulty qualifying for a new mortgage at the time you exercise your exclusive option to purchase the home back from Bella.
• Peace of mind, perhaps the most important benefit of all.

Bella Homes, LLC operates nationwide. Click here to complete a Property Overview Form to determine if your home qualifies for one of our programs. If you have any questions, please call our headquarters at (480) 993-1968 between the hours of 9:00 a.m., and 5:00 p.m., EST and a representative will assist you. In the alternative, you can email Bella Homes, LLC at info@bellahomesllc.net and a representative will contact you
Purchasing a home is one of the most valuable investments you will make. Bella Homes, LLC is dedicated to ensuring that it will also be one of the most successful investments you will make.

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Renters' Rights When the Owner Is Being Foreclosed Upon | eHow.com

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Eviction After Foreclosure

• After the completion of a foreclosure process, tenants can remain in the property for at least 90 days, per the federal Protecting Tenants at Foreclosure Act. If a tenant is a "bona fide tenant" with a "bona fide lease," the individual has the right to stay in the rental property until the lease expires. A tenancy or lease is considered "bona fide" if the tenant is not directly related to the property owner involved in the foreclosure, the lease was the result of an "arm's-length" transaction, the rent cost is not significantly lower than the fair market rent amount or the rent want not reduced by a government subsidy. Arm's-length transactions are those in which two unrelated parties looking out for their own interests negotiated the lease contract.

Read more: Renters' Rights When the Owner Is Being Foreclosed Upon | eHow.com Renters' Rights When the Owner Is Being Foreclosed Upon | eHow.com

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Renters get relief from foreclosure - MSN Real Estate

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The law became effective May 20 and is scheduled to end Dec. 31, 2012.

Only 'bona fide' renters are protected
The law protects only a bona fide lease or tenancy, which is defined as a situation that meets three criteria:

• The renter may not be the former owner of the home, or the former owner's spouse, child or parent.
• The terms of the rental must be at arm's length between the landlord and renter.
• The rent cannot be substantially less than the fair-market rent, unless the rent is subject to a government reduction or subsidy.

The arm's-length and fair-market rent requirements "are designed to prevent a sweetheart deal" between a defaulting landlord-owner and a renter whom the landlord wanted to protect from eviction after the foreclosure, Portman says. For example, if a landlord and renter signed a two-year lease at a very favorable rent just prior to a foreclosure, that likely wouldn't meet the bona fide requirement.

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Foreclosure - Wikipedia, the free encyclopedia

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Acceleration

The concept of acceleration is used to determine the amount owed under foreclosure. Acceleration allows the mortgage holder to declare the entire debt of a defaulted mortgagor due and payable, when a term in the mortgage has been broken. If a mortgage is taken, for instance, on a $100,000 property and monthly payments are required, the mortgage holder can demand the mortgagor make good on the entire $100,000 if the mortgagor fails to make one or more of those payments. The mortgage holder will also include any unpaid property taxes and delinquent payments in this amount, so if the borrower does not have significant equity they will owe more than the original amount of the mortgage.
Lenders may also accelerate a loan if there is a transfer clause, obligating the mortgagor to notify the lender of any transfer, whether; a lease-option, lease-hold of 3 years or more, land contracts, agreement for deed, transfer of title or interest in the property.

The vast majority (but not all) of mortgages today have acceleration clauses. The holder of a mortgage without this clause has only two options: either to wait until all of the payments come due or convince a court to compel a sale of some parts of the property in lieu of the past due payments. Alternatively, the court may order the property sold subject to the mortgage, with the proceeds from the sale going to the payments owed the mortgage holder.

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Bella Homes sure has some huge hurdles to overcome in order to save a home to resell to its original owners.

Soapboxmom

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Originally Posted by Soapboxmom

Bella Homes sure has some huge hurdles to overcome in order to save a home to resell to its original owners.

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Oh it is more like impossible hurdles to overcome. Aside from the violations in the Protecting Tenants At Foreclosure Act regarding market rents, bona fide leases, the quit claiming of homes, absolutely nothing about their "program" makes any sense. Every case that has been moved to the Federal Courts has ruled against Bella and used the same cases and precedent to make the rulings. Makes it a little hard for any other case that makes it to the Federal level to have a chance.

Oh well......I'm glad I found this thread and have a new place to post on this subject.

MM

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Mortgage Grapevine: Realty Funding Partners

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Ripoff Report | Realty Funding Partners | Complaint Review: 793793

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Ripoff Report | Realty Funding Partners | Complaint Review: 793793

Oh MY GOODNESS! Soapboxmom - I just sent you an email...THANK YOU SO MUCH for explaining what happened to the Scam.com thread exposing Bella!!! It all makes sense now!! I wondered why the "admin" on scam.com didn't reply to my several notes pointing out that all Bella Homes, LLC "scam" posts had been deleted. Oh - and I DID find your (??) PDF saved version of the Scam.com thread hidden on the internet a while back and was so thrilled to see it not lost forever....Such a wild wild West isn't it?? I did read a post yesterday by someone saying that Scam.com is a possible "front" and I actually didn't believe it....NOW of course I DO!!!!!! Thanks for the clear explanation!!
I am the same poster that you quoted in some of your cut and pastes above - and am on a mission to expose Bella and RFP. I'm finding more and more posts of folks who are "getting it" that it that the sale leaseback program just can not be legit...which is encouraging. I literally have nothing to gain by my attempt to educate others other than I want to be on the GOOD side of the Einstein quote: The only thing necessary for evil to triumph is for good men to do nothing...
And doing "nothing" is not what I'm choosing!! Big Smile
Thanks again!!!

Welcome aboard! A very refreshing attitude. Another wonderful birdy sent me links to a boatload of court documents. I will be posting those here as soon as I have perused them all. To summarize what I have read so far I think we could safely say that the lawsuits Bella Homes is filing equate to a huge pile of steaming dung. They are frivolous, groundless and sadly when the Defendant lists 30 defenses absolutely hilarious. Homeowners who get involved are bound to get burned and I would imagine this clunker is garnering the attention of numerous enforcement agencies. As we will be discussing, there is a litany of problems with this thing as the court papers and bizarre Q & A on Bella Homes website demonstrate.

Soapboxmom

_{A wonderful birdy sent me the documents for this case:}
1:11-cv-02832-SCJ Fancher Bella Homes, LLC et al
Steve C Jones, presiding
Date filed: 08/24/2011
Date terminated: 10/12/2011
Date of last filing: 10/12/2011

History

1	Filed: 08/24/2011 Entered: 08/26/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Notice of Removal
2	Filed & Entered: 08/26/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Leave of Absence
3	Filed & Entered: 08/31/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Answer to Complaint (Notice of Removal)
4	Filed & Entered: 08/31/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Corporate Disclosure Statement
5	Filed & Entered: 08/31/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Answer to Complaint (Notice of Removal)
6	Filed & Entered: 09/01/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Corporate Disclosure Statement
7	Filed & Entered: 09/07/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Notice of Filing
8	Filed & Entered: 10/05/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Order
	Filed: 10/12/2011 Entered: 10/13/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Clerks Entry of Dismissal
	Filed: 10/12/2011 Entered: 10/13/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Terminated Case
9	Filed & Entered: 10/12/2011	https://ecf.gand.uscourts.gov/graphics/silverball.gif Stipulation of Dismissal

Attachment 474

Attachment 475

Attachment 476

Bella's attempts at litigation have been steaming piles of dung and completely disastrous for them. It appears the suits are completely groundless and frivolous. Lots of fodder for discussion here! I don't think any litigation filed by Bella has a snowball's chance in hellof prevailing in any court. This will be business suicide by court.

Soapboxmom

Compare this to post 1 of this thread. First Zachary, which is George Dranichak, was the name on the post, now it is the administrator Vladimir Sviatoslavich / Sviat. Sviat's picture appeared on Zachary's profile and then poof the picture is the one for Sviat and the Administrator. George Dranichak is trying to hide again. Good luck with that! Will Stephanie / Sojustask come clean on this latest debacle? Will this bunch keep advertising this obvious scam?

Soapboxmom

Before anymore juicy court documents or discussions about them let's document what Bella claims it will do:

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1.	What is Bella Homes, LLC? Bella Homes, LLC is first and foremost a premiere, real estate investment company. We purchase residential and commercial properties and offer them as leaseback opportunities to qualified homeowners. We do not offer loan modification agreements, short sales, defenses to mortgage foreclosure actions, mortgages, or renegotiate mortgages for others. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
2.	Does Bella Homes, LLC engage in foreclosure defense actions? If Bella Homes has purchased a property with an underlying mortgage at risk of foreclosure, we will conduct a forensic audit to determine if the mortgage complies with federal and/or state law. If we determine the mortgage to be illegal, we will engage our legal team to file a lawsuit against the lender to prevent the lender from instituting foreclosure proceedings. In this case, we will engage in a foreclosure defense action in order to protect our investment in a property that we acquired as part of our program. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
3.	Does Bella Homes negotiate a lower payment and principle balance on my behalf with my mortgage company? No, Bella Homes' objective is to purchase your mortgage from your lender at a discount. http://bellahomesllc.net/images/stor...deo-icon-1.png

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How many loans has Bella successfully purchased? If the bank isn't working with the present homeowner, what are the chances Bella will fare any better dealing with them? Where is Bella getting the capital to purchase these distressed properties?

Soapboxmom

4.	After three years of renting, if the client can't afford to buy do you offer to rent to residence again? Yes, Bella Homes will extend the lease. back to top
5.	What formula determines the amount of the monthly lease? Is this without escrow? 40-60% of total monthly mortgage obligation, there is no escrow included in the rental payment, and also based on income. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
6.	What home values do we work with? A minimum of $200,000 up to $10 million. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
7.	If there are liens on the property, will the title company take responsibility to clear or does title need to be clean prior to our closings? Title does not have to be clean for us to close the transaction, but we have to know we will be able to resolve the lien. The end of our process will wipe out all liens. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
8.	How long does it take from the date I sell my home to Bella Homes, to purchase or payoff the underlying mortgage on the property? Each case is different, but it can take anywhere from 3 months to 30 months to complete that process. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top

To clear up that title the back property taxes and any IRS tax liens are going to have to be satisfied. I doubt Bella will even try to take a property with large tax liens on it. Bella may never be able to con the bank into selling them the home for pennies on the dollar. The homeowner is then paying Bella for a likely fraudulent lease and that money is completely non-refundable. The bank is going to ruin the homeowners credit with this record of non-payment and a possible foreclosure. It seems Bella will create a lot more problems for the owner and may well have no solution for them.

Soapboxmom

There should be a special place reserved for companies like Bella Homes which prey on those unfortunate to be suffering mortgage stress in these uncertain times.

Surely there is at least ONE politician and/or agency in the USA with sufficient cojones to stand up and act against these parasites.

I intend to draw as much attention to this as possible. That is how we get enforcement action in these parts.

10.	Has anyone bought back his or her house from us yet? No one has purchased a home back yet from Bella. The minimum lease term is 3 years, and no one has been in the program long enough to have reached that point. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
11.	Will the mortgage be paid off at the Bella Closing? No. Bella Homes is a national mortgage buyer. In order for us to negotiate with your lender, there are several documents we need signed at closing. The negotiation process could take anywhere from six months to a year or as long as three years if we have to litigate. We have a strong legal team with several strategies we use against the bank, however, we do try to buy the mortgages on friendly terms first. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
12.	Will Bella Homes, LLC be making payments on the loan? No, Bella Homes does not keep the mortgage current during negotiations. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
13.	If Bella Homes becomes the owner of record how is that accomplished? Does Bella Homes take a second on the property? How can Bella Homes own the home yet the client is responsible for the mortgage payments in the eyes of the lender? Bella Homes becomes the owner of the property by the fact that they will purchase the property through a traditional real estate closing. There will be a purchase and sale contract that will identify the purchase price as the amount of the first mortgage on the said property. If there is a second mortgage on the property, at the time that Bella Homes purchases the first mortgage on the property they will attempt to settle the second mortgage. If Bella Homes is unable to settle the second mortgage we will transfer the property to one of our subsidiaries and foreclose on ourselves, which will therefore wipe out the second mortgage and any other liens on the property. This is perfectly legal, and is a strategy that Bella Homes attorneys have put in place. Bella Homes will own the home subject to the underlying mortgage. If the tenant exercises their option to purchase the property back, the only way Bella could provide clear title to the property would be if the mortgage has been purchased and any other liens have been removed from the property. With this in mind, up until the time that Bella Homes buys the mortgage from the lender, and wipes out any of the liens on the property, Bella Homes ownership of the property is subject to the underlying mortgage and/or liens. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top

So, Bella pockets the rent you pay. If they can't bully the bank / mortgage company into selling them the house for pennies on the dollar, they say they will litigate. From the few cases I have seen that has been an unmitigated disaster for Bella as they don't have a leg to stand on. I suspect their frivolous filings will be winding down very soon as they have no hope of prevailing in any court. And, the strong legal team in the Georgia suits has been comprised of one total clown as we shall see from the filings. A few more frivolous filings like the nonsense I have seen so far and he may get sanctioned by the court or disciplined by the state bar. The homeowners credit is being ruined while Bella pockets rent money and since the homeowner is not paying the mortgage they will have no hope of negotiating with the mortgage company after Bella deeds the property back to them. The owner is now far worse off than before.

Soapboxmom

15.

Also, are there any provisions for the homeowner, if at end of lease term, Bella Homes is still unable to negotiate purchase with existing lender and elects to deed property back to homeowner? At the end of the lease term, if Bella Homes has not purchased the mortgage from the bank, Bella Homes will either deed the property back to the client at that time or Bella will offer an extension to the lease to the client for the purposes of purchasing the mortgage. In most cases this will be an issue where Bella has sued the bank over the mortgage and that suit is still tied up in the court and if that is the fact it will be wise for Bella Homes and the tenant to extend the lease to allow the legal process to get to the point of a settlement conference or trial in order for Bella to purchase the mortgage. http://bellahomesllc.net/images/stor...deo-icon-1.png

17.	If the bank does not agree to write down the loan then do we give back the rent payments or at least the percentage that was to go to the down payment of the purchase later? No. Bella will not refund any of the lease payments. All of the lease payments are earned as of the date they are made as of the terms of the rental agreement. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
18.	When the bank agrees to take less than what is owed on the home, what if the homeowner decides to NOT exercise their exclusive right to repurchase? If Bella Homes purchases the mortgage from the bank and the homeowner has been renting but does not exercise their right to repurchase Bella Homes will list it on the Multiple Listing Service (MLS) when the lease is up.

20.

What if the client is getting unemployment checks as their income source? The actual source of income is not particularly important. As long as they can afford to pay a minimum of $1000 rent, and their house meets our program requirements, then they will be considered. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top

21.

If the client is paying lease payments to Bella Homes, and the bank is not receiving any payments and the lease payments are not going directly to pay for Legal fees, where is the value exchanged? The value of the exchange is simple. Bella Homes is buying the property for the amount of the first mortgage. However, at that time the homeowner signs the lease to become the tenant with the exclusive option to purchase the property back. The value to the client is that after Bella Homes purchases the property and does a forensic audit of the mortgage and determines the loan is illegal, and to date this has been 92% of every mortgage, Bella will defend the property that it now owns from any legal proceedings from the bank. Therefore, this is giving the homeowner, who is now the tenant, the opportunity to live in the property for the term of the lease. Otherwise the homeowner could face a foreclosure in which case they would lose the property and be evicted. __________________________________________________ _____________________________________________

More utter nonsense. The Bella clowns are pocketing $1000.00 + in non-refundable rent payments. If 92% of the mortgages out there were illegal, the homeowner would not need Bella. They would have recourse on their own with a meritorious case. That is total bunk as the cases filed show. Among the many problems is the original loan papers probably require the owners / borrowers to notify and get permission from the lender to sell their interest in it. The party(ies) that signed the loan papers are still legally responsible for making the payments. In most cases Bella has not been able to show a single thing wrong with the loans. In the rare instance there is a problem with a loan, the statute of limitations which could be 1 to several years has usually passed, so that issue can't be litigated.

The leases may not be considered arms length and the former owner may not be considered a bonafied tenant either. The rent must not be substantially below market value according to the law. Again, it appears Bella will not have leases that will stand up in court. I suppose Mickey Mouse conducts the forensic audits as a close relative of Bozo the clown is the attorney!Attachment 479

Soapboxmom

22.

Won't it be hard for them to get money for 1st and last 2 months if they are already behind on payments? Bella Homes has two general categories of clients. The first category is a client who is upside down on their mortgage and has made a decision not to pay it and save the money. The second category is a person who has lost the income needed to pay the mortgage and may not have the savings. In the second situation Bella Homes will consider on a case by case basis how they may be able to address that with a payment play. When clients have a payment plan for money due, the representative is not paid until Bella Homes is made whole.

24.	Does Bella Homes have examples where the attorney has successfully negotiated with a major bank? Yes, however attorneys will not discuss other clients' negotiations as that would be unethical. http://bellahomesllc.net/images/stor...deo-icon-1.png

29.	Is the lease caped off at 3 years or will it go up 10% every year it is extended? It will increase 10% every year for the 1st 3 years, and 5% for years 4 through 7. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
31.	Who pays property taxes during the period? Bella does not pay property taxes. However you can send tax bills to mortgage company, and they will pay it. http://bellahomesllc.net/images/stor...deo-icon-1.png

33.	What needs to be done if the client has a second mortgage? Once Bella Homes has negotiated the 1st mortgage and owns it, then it will make an offer to purchase the second. If the offer is not accepted Bella will have one of its Attorneys move to wipe out the second mortgage. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top
34.	The board has to approve a house after the pre-closing statement is signed, is there any reason it wouldn't be approved? The only reason why a house wouldn't be approved by director of acquisition, is if something negative appeard in the title search. http://bellahomesllc.net/images/stor...deo-icon-1.png back to top

Lots more big talk that probably can't be followed up. They could easily publicize their successful negotiations. How is that a problem after the fact with names redacted? My bet is there have been very few successful negotiations and Bella is making a bundle collecting rent from their marks. Notice those huge rent increases. Those are outlandish. And, if the leases are deemed to be bogus then folks will lose their homes to foreclosure anyway having spent thousands on rent.

The taxing districts will file suit on delinquent property tax. If Bella has ownership and the mortgage company wasn't already making the payments, then Bella may well be sued for the back property taxes in addition to the owner if the ownership is in question. That could become quite a nightmare. Not to mention the second lien holders may not just roll over and play dead at Bella's request. Many homes may have various kinds of liens against them for any number of reasons. I would bet many homeowners pay a lot of rent only to find out Bella doesn't want their property and the foreclosure is going through despite Bella's barbaric tactics with the mortgage company.

Soapboxmom

I don't understand. They're saying they buy the mortgage but somehow would have nothing to do with it.

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Originally Posted by Whip

I don't understand. They're saying they buy the mortgage but somehow would have nothing to do with it.

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That's how this type of scheme works.

The salient points are spread over a variety of sources, making it virtually impossible for the targeted distressed mortgage holders to find them.

The fraudster/s know only too well that someone in such a situation is unlikely to scrape together the dollars necessary to consult a mortgage lawyer and so they "bury" the vital details in the fine print.

This is spin doctoring at its' finest.

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Originally Posted by Soapboxmom

In the rare instance there is a problem with a loan, the statute of limitations which could be 1 to several years has usually passed, so that issue can't be litigated.

The leases may not be considered arms length and the former owner may not be considered a bonafied tenant either. The rent must not be substantially below market value according to the law. Again, it appears Bella will not have leases that will stand up in court.

Soapboxmom

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Not only that, in the case that there is something illegal in the loan or it was truly fraud, they would never be entitled to the property, only damages. As far as leases go, The Protecting Tenants At Foreclosure at is quite clear, and Bella'a leases do not stand up........

SEC. 701. SHORT TITLE.
This title may be cited as the `Protecting Tenants at Foreclosure Act of 2009'.
SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY.
(a) In General- In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to--
(1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and
(2) the rights of any bona fide tenant--
(A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice under paragraph (1); or
(B) without a lease or with a lease terminable at will under State law, subject to the receipt by the tenant of the 90 day notice under subsection (1),
except that nothing under this section shall affect the requirements for termination of any Federal- or State-subsidized tenancy or of any State or local law that provides longer time periods or other additional protections for tenants.
(b) Bona Fide Lease or Tenancy- For purposes of this section, a lease or tenancy shall be considered bona fide only if--
(1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant;
(2) the lease or tenancy was the result of an arms-length transaction; and
(3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy.

So even if they pick up a client before the foreclosure action, it is still not arm's length due to the deed relationship. From the leases in foreclosure I have seen, the foreclosing law firm has been appointed receiver to intercept the rent. On top of that, if proof of rent or that the tenant is paying cannot be provided, they immediately serve notice and if there is no response, go get a UD and try to evict.

That is one thing in the Q&A that is not addressed at all......Dear Bella, what happens if the bank or their reps get appointed receivership and I now have to pay them rent? Do we still have a deal on that leaseback/buy back thing? Will you immediately deed my house back over to me?

What do you think the answer to that will be?

The MLM reps for this deal are going bananas:
http://www.youtube.com/watch?v=Y6hER...eature=related

They would be well advised to consider:

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The FTC says:

Your Responsibilities If you decide to become a distributor, you are legally responsible for the claims you make about the company, its product and the business opportunities it offers. That applies even if you're repeating claims you read in a company brochure or advertising flyer. The Federal Trade Commission advises you to verify the research behind any claims about a product's performance before repeating those claims to a potential customer. In addition, if you solicit new distributors, you are responsible for the claims you make about a distributor's earnings potential. Be sure to represent the opportunity honestly and avoid making unrealistic promises. If those promises fall through, remember that you could be held liable.

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