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Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
http://www.scam.com/images/statusicon/post_new.gif 11-23-2011 until 01-24-2012 |
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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
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4 Attachment(s)
re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Quote:
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
Just reading the ad it's a scam. The numbers can't work.
Plus there's:
Boy....that phone number certainly brings up some unsavory info:
902-749-5331
902-749-5331 / 9027495331
Quote:
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
Quote:
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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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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:
- it's given you a written offer for a loan modification or other relief from your lender; and
- you accept the offer. The company also must give you a document from your lender showing the changes to your loan if
- you decide to accept your lender's offer.
- 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
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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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!
Quote:
12-09-2011 until 01-01-2012 |
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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 ! |
Quote:
Bella Homes Llc
7047 E. Greenway Parkway Suite 250 Scottsdale Arizona 85254 United States of America |
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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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Respond to this Report
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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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
The scambusters on the thread George Dranichak deleted noted this:
http://www.georgia.gov/dbf/images/dbf_press_logo.gif
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):
__________________________________________________ __________________________________________________ ____________________________
No doubt more of those will follow!
Soapboxmom
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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Quote:
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.
Renters' Rights When the Owner Is Being Foreclosed Upon | eHow.com
Quote:
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.
Renters get relief from foreclosure - MSN Real Estate
Quote:
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.
Foreclosure - Wikipedia, the free encyclopedia
Quote:
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.
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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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Quote:
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.
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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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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!!!
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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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
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3 Attachment(s)
re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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
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
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re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Before anymore juicy court documents or discussions about them let's document what Bella claims it will do:
Quote:
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.
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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.
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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.
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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
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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.
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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.
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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.
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12. |
Will Bella Homes, LLC be making payments on the loan?
No, Bella Homes does not keep the mortgage current during negotiations.
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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.
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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
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1 Attachment(s)
Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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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.
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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.
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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.
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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
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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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.
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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.
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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.
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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
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
I don't understand. They're saying they buy the mortgage but somehow would have nothing to do with it.
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Quote:
Originally Posted by
Whip
I don't understand. They're saying they buy the mortgage but somehow would have nothing to do with it.
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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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Quote:
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
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?
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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:
Quote:
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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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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35. |
Do clients repurchase at 90% of the value today or in 3 years?
They purchase the home at 90% of the appraised value at the time they buy property back from Bella Homes.
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36. |
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.
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37. |
What if someone is referred to us who has a $150,000 mortgage? Do we tell them no?
Yes, Bella Homes does not work with houses in that price range.
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38. |
At exactly what point do the renters have to pay the 1st, last and security deposits?
The first and last 2 months of lease payment are due at the time of lease signing. We require a cashier's check made payable to Bella Homes, LLC.
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39. |
On condos, will the past due HOA's (Home Owner's Association) be brought current as well?
Not unless required by state law.
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40. |
What if the client is current and wants to take advantage of this program and he/she generally fits our type of deal? Would this be something to consider?
Yes, but the client needs to understand Bella Homes will not be keeping their mortgage payments current, so they will take a “hit†on their credit. However, at the same time Bella Homes purchases the mortgage we will return the mortgage docs stamped paid in full and report it to credit agencies.
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41. |
Once a transaction is approved by Bella Homes, who schedules the closings?
The VP of operations in Atlanta will coordinate all closings. If the closing is in a territory we currently do not have a presence in she will negotiate with the closing attorneys and/or escrow companies rates and procedures. Once we have the title report and a green light to move forward, she will coordinate with the closing entity and the client on a date and time that works for both parties.
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42. |
What happens if the bank is just stubborn, will not settle, and lawsuit goes to fruition, and the judge rules against Bella, even though he is wrong.
Bella deeds the home back to the homeowner, and the homeowner owes the original debt with interest over the years as well as back taxes over the years. |
The appraised value could be quite interesting. It depends on what appraisal is being used. The central appraisal districts have a value for tax purposes. Private appraisers, depending on the comparable properties they choose, can come up with a broad range of values for the same property. So, what appraisal method is Bella using?
3 Months rent plus a security deposit is a huge sum to fork out. I would think that money would be better spent getting legal help and paying toward the existing mortgage while trying to work out a deal with the mortgage company. Folks will definitely take a huge hit on their credit for getting involved in this flaky deal. And this promise of mortgage docs stamped paid in full seems extremely fishy. Does Bella send that only in the cases where they already have purchased the mortgage and have a clear title? Do they send that out after you have signed over the deed supposedly for the full mortgage amount even though it is not paid and Bella has only agreed to attempt to buy it at pennies on the dollar? If it is sent out before Bella owns the home, then it seems it would be fraudulent.
Who in their right mind would get into this knowing they could be paying rent for nothing and end up with Bella dumping the house back on them with all the back payments, late fess, interest and possible back taxes and penalties to boot. Who could dig their way out of that mess???
Soapboxmom
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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45. |
After property is rented/leased out, who is responsible for the maintenance if the A/C is broken or there is a leak on the roof?
The tenant will be responsible for all repairs due to the fact they are leasing their property back for approximately 50% of mortgage payment. However, for larger repairs or home improvements to the property that are approved in advance by Bella Homes, they will receive a credit for the amount paid in repairs or improvements at the time they repurchase their home.
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46. |
What happens to the homeowners insurance and will delinquent taxes be brought current by Bella?
Bella Homes does not maintain an insurance policy for homes that are upside down in equity. However, the mortgage companies put insurance on all their mortgages once the homeowner stops making payments, which goes onto the principal balance of the mortgage. It does not make sense for Bella Homes to carry a separate policy because it would be double insured. When the mortgage company puts a policy on the house they will send a copy to the homeowner, but it could take 60 to 90 days. The homeowner would need to apply renters insurance to insure their personal belongings. Delinquent taxes will not be brought current by Bella, unless required by state law. The taxes will be settled by Bella Homes at the time it purchases the mortgage from the lender.
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47. |
How long has Bella Homes LLC been in business?
Since April 2010. Bella is a subsidiary of Diamond and Associates which has been around 19 years in the financial services and real estate industry.
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48. |
How many completed transactions has Bella Homes done?
Bella Homes is a privately owned company - no data can be disclosed. However, Bella has a goal of reaching ownership of 10,000 homes in next 3 years.
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49. |
Can I sublease my property?
Yes you can sublease your property with permission from Bella.
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50. |
Can the Bella Homes program be compared to a traditional rental program?
Our program cannot be compared to a traditional rental program because of the benefits we offer to the homeowner. Our program allows the homeowner to stay in their home. Our program prevents the homeowner from facing a deficiency judgment. Our program offers a 60% credit of rent payments at closing (so a monthly rent payment of $3150 calculates to $1890). |
Some rental deal. You pay all repairs and there is a chance a large repair could be credited (at Bella's discretion if you got pre-approval) at the closing of the repurchase of the property.
If the original homeowner's name is on the loan papers I do not see how Bella is going to protect the homeowner from a deficiency judgment. The party(ies) signing the loan papers are legally and financially responsible as far as I know.
I see a lot of money going into the attached pyramid scheme. Otherwise, what incentive is there to get involved??? A homeowner might be able to stay in their homes. Might!
Soapboxmom
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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52. |
What is the Foreclosure Act of 2009?
This protects tenants from eviction because of foreclosure on the properties they are renting for the term of the lease. However this law does not allow for the homeowner to deed their home over to a friend or family member and then lease it back from that person. In this case the bank most likely would be able to evict. The sale must be a Bona fide sale to a real company like Bella Homes.
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53. |
Is there any recourse the client's second mortgage holder may have against them during this process?
Lenders want to mitigate their losses when dealing with defaulted mortgages. One of the documents the client signs at the Bella Homes' closing gives Bella Homes authorization to speak to and negotiate on the clients behalf with the mortgage company. Once that document has been sent to the mortgage company they can no longer harass the client. In the event they contact the client once this document has been filed, they can be fined. In the event the second mortgage holder files a lawsuit against the tenant (rare), Bella will defend the tenant in that action.
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54. |
What is an example of one of the strategies Bella Homes uses?
One of the steps we take with each file is to have a forensic review conducted of the client's mortgage documents. Once this has been completed and fraud has been found, we will file a Temporary Restraining Order (TRO). At the time the TRO is filed, the bank can no longer collect on an illegal mortgage and the TRO stops all collection activity. If the mortgage is found to be illegal, we can get the derogatory taken away from the clients credit report. If the lender attempts to foreclose or take any action against the tenant, then Bella can take legal action against the lender.
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55. |
I am upside down on the mortgage with perfect credit. Can Bella Homes determine PRIOR to signing the Bella Homes agreement, if my loan documents are such that a contested strategy would have a good chance of success? If not, I could lose my house and destroy my credit as well.
Bella Homes is unable to determine prior to signing and closing whether or not the loan documents are legal and can be contested due to the fact that Bella Homes does not have or obtain loan documents from a prospective client prior to closing. The due diligence and legal review in that regard is expensive and Bella Homes will not go through that process until the file has closed. What we recommend is for a Homeowner whose house is upside down but has good credit and wants to keep the home and their good credit is the following. They become a Bella Homes client and after we close we will move immediately to draft a lawsuit and file that lawsuit with the court, asking the court to issue a TRO prohibiting the lender from foreclosing and putting a derogatory on their credit report. However, keep in mind that there is no guarantee that the court will do that. But, if the mortgage is illegal that will eventually be decided and any derogatory will be then removed from their report. The homeowner should not be in jeopardy of losing the property because there will be a lease on the property which will keep them protected. The bank has to honor the lease and due to the fact that banks are not interested in becoming landlords, Bella Homes will still continue to pursue to purchase that mortgage from the lender and once it is purchased reclassify the status on the credit report. Bella Homes will also defend any challenges that a lender may decide to challenge on the lease. However to this date this has not happened with the banks.
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It is obvious from the law and the court cases Bella is filing that these leases are not likely to stand up in court.
Quote:
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.
............
(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.
I am not sure how Bella can keep a lienholder from contacting someone who has signed legal loan papers with that bank or mortgage company. I think the name on the loan is the issue. Having seen what court papers I have, I sure wouldn't want to depend on Bella's legal buffoons to defend me in a suit.
TROs are public record. How many have been successfully filed and then become permanent injunctions? Let's look at Texas:
Quote:
Tex. R. Civ. P. 680
Temporary Restraining Order
No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon. Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after signing, not to exceed fourteen days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. No more than one extension may be granted unless subsequent extensions are unopposed. In case a temporary restraining order is granted without notice, the application for a temporary injunction shall be set down for hearing at the earliest possible date and takes precedence of all matters except older matters of the same character; and when the application comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a temporary injunction and, if he does not do so, the court shall dissolve the temporary restraining order. On two days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
Every restraining order shall include an order setting a certain date for hearing on the temporary or permanent injunction sought.
Temporary is the key word and Bella will have only days to go into court with good cause to make that stick. And, the mortgage company / bank's attorney(s) will have plenty to say about that! The chances the mortgage will prove to be illegal appear to be very slim.
Most of what is proposed in the last item would fall into the category of fantasy. That stuff would make a good episode for a Fantasy Island remake. How about we change no guarantee to almost no chance!
Soapboxmom
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
To Soapboxmom......How do you know for sure that Bella Homes is a scam and that they don't do what they say that they will do? I don't think that anyone would consider dealing with them if it wasn't their last resort before they loose their home to foreclosure. It's a well known fact that the banks and mortgage companies are not doing anything to keep people in their homes. And the governments making homes affordable is not doing much either. If it was, then why is there still so many people that are loosing their homes? Have you or anyone that you know been ripped off by Bella Homes? I have done research on them and I can't find anything against them, other than people that haven't actually used them, making comments about what they think they might be. I can't find any government actions against them. And they have been around long enough that if they were scamming lots of people, then the government would be all over them. And their rating with the BBB is not bad. They had one complaint that was resolved. I really can't find anything bad about them, but I really don't find anything good about them either, like someone that they have helped.
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Quote:
Originally Posted by
barefoot
To Soapboxmom......How do you know for sure that Bella Homes is a scam and that they don't do what they say that they will do? I don't think that anyone would consider dealing with them if it wasn't their last resort before they loose their home to foreclosure. It's a well known fact that the banks and mortgage companies are not doing anything to keep people in their homes. And the governments making homes affordable is not doing much either. If it was, then why is there still so many people that are loosing their homes? Have you or anyone that you know been ripped off by Bella Homes? I have done research on them and I can't find anything against them, other than people that haven't actually used them, making comments about what they think they might be. I can't find any government actions against them. And they have been around long enough that if they were scamming lots of people, then the government would be all over them. And their rating with the BBB is not bad. They had one complaint that was resolved. I really can't find anything bad about them, but I really don't find anything good about them either, like someone that they have helped.
Welcome to RS, barefoot! I think the answer is what Bella Homes claims they can do simply doesn't make sense. From the few court documents I have read they have not had a leg to stand on in court. Most of the issues they raised bordered on nonsensical. I will post the rest of the ones a wonderful birdy sent me and then use my PACER access to follow those and post additional ones that become available.
The State of Georgia issued a Cease and Desist against them and I think there will be more of those to come. Only a tiny fraction of victims complain, but as Bella fails to save homes from foreclosure and the court cases continue to blow apart and be dismissed or see more serious fall out for Bella, I have no doubt the complaints will flood the internet sites available for it. There are just too many aspects of this deal that are questionable to say the least.
My heart goes out to all those struggling to hang on to their homes, but I don't think Bella is the answer.
Soapboxmom
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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56. |
When the home is sold and the original loan is resolved for less than the amount due, is there a document waiving the deficiency judgment from the lender?
When the lender sells your loan at a discount, they are waiving their rights to any deficiency and therefore can't come after you for any deficiency. At the time that Bella Homes purchases the mortgage, there cannot be a deficiency judgment because the bank has the right to sell the mortgage, which is an asset. If they decide to sell this mortgage without the consent or agreement of the party on the mortgage, then the party on the mortgage cannot be liable for a deficiency because they are not involved in that agreement. You see deficiency judgments happen quite often in a short sale because the homeowner, who is also on the mortgage, is agreeing to sell the property for less than the mortgage amount. Therefore unless waived you will typically receive a deficiency judgment. Most lenders will not waive that issue, and keep in mind that after Bella Homes buys that mortgage they will reclassify it on their credit file as zero balance and paid as agreed. By Bella Homes purchasing that mortgage they are taking ownership of that document which will eventually be turned over to the homeowner marked zero balance. Also, at the time that Bella Homes does purchase the mortgage it will obtain a letter from the lender that they cannot, and will not serve a deficiency judgment.
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57. |
What is the consideration to the owner during the Bella Homes closing?
At the time of the closing, the seller receives various types of consideration. The first, is that Bella enters into a lease agreement with the seller, and that lease agreement gives the seller the exclusive right to use and posses the house throughout the course of the lease. The seller also receives as additional consideration a credit toward ultimate purchase of the house (60% of all lease payments made). Even more important than the lease agreement is the option agreement that is signed by Bella and the seller at closing. The option agreement gives the seller the exclusive right to purchase a property at the end of the 3 yr period of time. This is a very strong property right that accrues to the seller. The option agreement is not only signed as a legal and enforceable contract at the time of closing, but a memorandum of that option agreement is recorded in the court house records along with the deed.
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58. |
What happens if I miss any lease payments?
If as a tenant you miss some payments as part of the rental agreement, you are technically in default of the lease. However, Bella will send regular notices if you are behind, and will give opportunity to make up those lease payments. More importantly, if you are behind on your lease payments, you would be losing money that would otherwise be applied toward the purchase of the house 3 years later. So it's important to keep those lease payments current.
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59. |
What if I can't afford my lease payments anymore?
Bella has a couple of options. Under the lease agreement, they could file for an eviction (has never done this to date - because the purpose it to keep you in your house). They could also unwind the transaction with you and simply deed the house back to you.
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Quote:
Can a Lender Sue a Borrower for a Deficiency Judgment if the Lender is Still Owed Money After a Foreclosure Sale in Texas?
A Texas lender is allowed to sue a borrower for a deficiency judgment if the loan is not paid in full with the proceeds of a foreclosure sale. However, the amount that the lender can recover is limited to the difference between the amount owed and the fair market value of the property as determined by a property appraisal.
So, if Bella can't strong arm the mortgage company into selling for pennies on the dollar the original owner / borrower will indeed risk getting socked with a deficiency judgment as the house then goes into foreclosure.
Bella is not completely stupid. It would cost them money to evict you. It would be much cheaper for them just to deed back the then delinquent property. Bella has 3 months non-refundable rent or more and the mortgage company has not been paid for months. What help is that to the desperate homeowner???
Soapboxmom
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
I have looked at a few of these "deals" from various angles and the homeowner almost always gets "it" without the benefit of lubricant. The thing that ALWAYS must be remembered is: if the note holder hasn't released you from the note IN WRITING, you are stuck for the note irregardless of whatever agreement you have with Bella or anyone else! You may have a cause of action against Bella, but if you can't afford your mortgage, you likely can't afford a retainer.
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Quote:
Originally Posted by Bella Homes
59.
What if I can't afford my lease payments anymore?
Bella has a couple of options. Under the lease agreement, they could file for an eviction (has never done this to date - because the purpose it to keep you in your house).
They COULD also unwind the transaction with you and simply deed the house back to you.
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NOTE: "COULD" not "WILL"
They "COULD" also tell you to bugger off
People would be better off buying a Lotto ticket at 10,000,000 to 1 odds than bet Bella Homes would simply sign your note back over to you and walk away.
As if betting a few dollars on HYIP ponzi game admins being honest isn't bad enough, now they want you to bet your house on Bella Homes being ethical and honest.
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Quote:
Originally Posted by
laidback
I have looked at a few of these "deals" from various angles and the homeowner almost always gets "it" without the benefit of lubricant. The thing that ALWAYS must be remembered is: if the note holder hasn't released you from the note IN WRITING, you are stuck for the note irregardless of whatever agreement you have with Bella or anyone else! You may have a cause of action against Bella, but if you can't afford your mortgage, you likely can't afford a retainer.
I was thinking the same thing. The distressed homeowner might have a case against Bella for damages. How can Bella legally rent out your property to you or anyone else if they don't already own it??? The homeowner's name(s) are on that note and they are still legally and financially on the hook despite some silly lease agreement signed with Bella.
Soapboxmom
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Quote:
Originally Posted by Bella Homes
What is an example of one of the strategies Bella Homes uses?
One of the steps we take with each file is to have a forensic review conducted of the client's mortgage documents.
With the growing number these mortgage rescue companies and the amount of foreclosures being undertaken, what is the percentage of "flawed" mortgage documents being found during these "forensic examinations" ??
If people have their homes on the line, isn't it only fair Bella Homes provides the information as to how successful "forensic reviews" are ??
Why does the FTC find it necessary to issue a warning to homeowners about these examinations:
Quote:
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.
Where's the evidence, Mr Bella Homes ??
http://www.realscam.com/f15/bella-ho...953/#post13706
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
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68. |
How fast can I get into the Bella program?
Typically you can get into the Bella program with 7-10 days after you have signed the pre-sale agreement.
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69. |
Where does the closing take place?
As client, you have the option to have the closing take place, at your home, your business, or an attorney's office if you prefer.
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70. |
Are there any fees included in my closing cost?
Bella Homes will be responsible for paying the costs of the closing attorney, and all costs of the closing. However, if the client decides to retain their own lawyer for the closing, then the client would pay the costs for that attorney.
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71. |
Is the amount due at closing on my presale agreement the exact amount I will be paying at closing?
The presale agreement is a very close estimate of what you will be paying at closing. The only variation you may see is going to be based upon the day you close during the month, because the 1st month's rent is prorated.
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72. |
When is my deed recorded?
After closing the deed you have signed to convey ownership to to Bella will be recorded with 15-30 days following the date of closing. That will also be the date on which the Memorandum of Option to Purchase will be recorded as well.
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73. |
Can I give my exclusive right to re-purchase to one of my kids?
Yes, your rights to repurchase the house under the option agreement can be transferred to a family member.
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74. |
Who takes care of maintenance, or any repairs that need to be done on my property?
Each home is leased to the tenant on as-is basis. Tenant is typically responsible for any repairs that need to be made. However, if the tenant makes any repairs that run more than $1000, and reports those costs to Bella, Bella will consider that a capital improvement in the home, and at the time the house is resold to the tenant, the tenant will get credit for that expense off the sales price.
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75. |
Can I file a bankruptcy after I have entered into the Bella program?
Yes you can. However, Bella recommends you speak to a bankruptcy lawyer to see if it is advisable for you to do so.
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76. |
What day is my rent due?
Your first rental payment will be due on the 1st or 15th day of the month depending on which day you close.
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77. |
What do I do if I have a real estate listing on my home?
If you have a real estate listing agreement on your home prior to entering the Bella program, you will have to cancel that agreement before you join the Bella program, and we would refer you to the listing agreement to see exactly how you should go about doing that.
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Here is the rest of Bella's Q & A. Now, that we have them pinned down on what they are purporting to do we can look at the court papers and other public record and determine if that is in fact happening.
Declaring bankruptcy after signing with Bella could prove quite interesting. It is very complex. Bella would probably have to evict the tenant / former owner. That could be very costly and time consuming. Fascinating!
Soapboxmom
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
Now this borders on absurd! Rather than pay a "forensic auditor" big bucks to find out your loan is legal, buy the software for $39 and do it yourself! Forensic Loan Audits Steps, Loan Auditing Steps: Forensic Loan Software I have seen some of these so-called auditor throw around all sort of stats about the percentage of loan that are supposedly illegal, but, as with all scams nothing is verifiable...! Remember, folks, just because you quitclaim your property to someone, it still does not release you from responsibility to the lender! YOU are the one that owes them the money! When I see these things, I always think of the acronym TANSTAAFL! (There Ain't No Such Thing As A Free Lunch)
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1 Attachment(s)
Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
The following court document sure proves what a disaster quitclaiming one's home to Bella is. All Bella's wild claims and antics are getting them simply laughed out of court.
The Plaintiffs' attorney (presumably Bella's flunky) seemed to know what a joke the filing in this case was an didn't even bother to respond to the Defendants' Motion to Dismiss. The Court explains that an original complaint "must contain sufficient factual matter, accepted as true, to "state a claim that is plausible on its face.'" So, as we shall see Bella's claims are a heaping pile of dung and not even plausible in most if not all instances.
Every claim is dismissed by the court starting with the claim for declaratory relief stating the Defendants had no right to foreclose. Then the claim for rescission of the loan based on an illusory promise is dismissed. The claim for rescission of the loan under the Georgia Fair Lending Act is also dismissed. Next, the claim for contractual breach of good faith and fair dealing is dismissed. Following, the claim for rescission under Fraudulent Concealment, Deceptive Acts and Practices is dismissed. Claims of unconscionability and predatory lending are dismissed as well. The claim for quiet title is dismissed as is the one for failure to comply with state statutes. The claim for conversion or illegal attempt to convert and fraudulent misrepresentation, promissory estoppel is dismissed. Finally, the claims for injunctive relief against foreclosure and a TRO (temporary restraining order) are denied.
Bella's client is thrown out of court on his ear. The Court says, "Ultimately, Plaintiffs' 'threadbare conclusions' and 'naked' assertions' do not survive the 12(b)(6) standard and are at best speculative." Ouch!!!!
Bella's program is dishonest and basically bogus and many homeowner's and representatives will regret getting involved.
Attachment 481
Soapboxmom
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
I just wanted to comment on a couple of things:
1). I have a real estate back ground and am 100% sure that unless a judge is on crack at the time of decision - the 2009 Tenants Act DOES NOT apply for eviction protection in the Bella model (and I say that with conviction). Reason is: Bella will have a previous relationship with the tenant such that the tenant will have just deeded the property over to Bella - which concretely establishes a PRE-EXISTING RELATIONSHIP. THAT action in-of-itself wipes out any ability to point to the 2009 Tenants Act as it is now NOT an Arm's Length Lease/Tenancy (which is required for the 2009 Tenants Act to apply). (Note: for those who would like to know..... the 2009 Tenants Act protects Bona Fide Tenants from being evicted during a landlord's foreclosure for the duration of the pre-established lease- which I actually wholeheartedly support).
2). To address another comment I read on this post - Bella does have a legal "right" to lease the property back to the tenant because they require the old owner to deed the property over to Bella at the beginning of "signing up" which makes Bella the new rightful owner. It is the desperation of the distressed homeowner that makes this whole scam work. But again - In the Bella model to fight the lender's rights of eviction/right of possession from a foreclosure using the 2009 Tenants Act is just pure baloney. Now - I was thinking about how Bella could really make a crap-load of money and that would be for Bella to figure out a way to "evict" the old owner (the current tenant) and put a NON related tenant into the home - THEN Bella could possibly hit a home run and tie up the property in courts using the 2009 Tenants Act (would now be an Arm's Length relationship) to continue to receive lease payments on that property until the lease expires (3 years++????). OF COURSE the victim here is the original owner who will have their lender racking up fines and legal fees on the loan that THEY ARE and will continue to be responsible for. I'm pointing this out to WARN any and ALL prospective Bella clients that if Bella actually hires an intelligent attorney and figures this out - by handing over the deed to the property while still being responsible for the loan - puts you in the worst possible place of leverage and security. The simple solution to it is: DON'T DO IT!!!!
(P.s. the process of taking ownership of a property without being responsible for the existing lien(s) is called "subject to" or a "wrap". This is a LEGAL process where the seller of a home has the ability to willingly deed/sell their property to a buyer such that the old owner is still responsible for the loans on the property. The reason that folks would actually do this <outside of Bella> is if they are having a rough time selling their property - they WANT OUT - and the interested buyer doesn't have the ability to qualify for a loan. Generally there are provisions in that sort of sale that will establish that the new owner will "buy out" the ex-owner through a refi within a couple/few years once their credit (or income) makes it possible to qualify for their own loan to pay off the existing loans. Plus the new owner generally is responsible for making monthly payments to the ex-owner (through a recorded note) such that the ex owner retains foreclosure rights if the new owner doesn't make payments. Bella is taking this "subject to" or "wrap" sale procedure to another level, and certainly are NOT making payments to the ex-owner/lender(s) and is benefiting from it's loose real estate "legal" status).
3). For my last comment, I'd like to bring discussion about the elephant in the room - and that is: I am 100% convinced that Bella has no such financial backers ("investors") that they claim they do. For an investor to buy into this program (put up their hard earned $$$) they would have to be convinced that Bella is A). on the up and up (has anyone done research on the corporate folks of Bella???? Y-I-K-E-S!!!! and B). that they will be assured a return of their principal. The feature where Bella does not actively offer any of their clients the right to repurchase their home before at least 3-5 years leaves ALL investors exposed to the uncertainty of the markets. So let's say if Bella is able (LAUGH) to purchase a note on a property that has a current value of $150,000 for, say, $100,000. In 3 years if the home is worth $90,000 (very possible) that investor has just taken a bath on their investment. Do you REALLY think any investor would buy into this sort of uncertainty?? Personally I believe, to call a spade a spade, there hasn't been and won't be any attempts at purchasing notes. The entire scam is to earn reseller monthly fees and monthly lease payments from the gullible resellers and the poor distressed homeowners. I don't remember which Q&A number it is but they absolutely have their ducks in a row and even DISCLOSE that for those clients Bella is unable to succeed in buying the note (LAUGH again) - or suing their pants off (can anyone say boilerplate non-sense??) that Bella will simply deed the property back to the ex-owner for the ex-owner to then deal with the lender(s) and foreclosure. I believe 100% that this clause will apply to ALL BELLA clients...............
I personally corresponded with an ex-Bella client who was actively facing foreclosure - and her realization that Bella's plan to skim lease payments from her was indeed the plan from day 1 was when she asked Bella for ANY proof that they had done ANYTHING since her lease payments began. The response from Bella? Silence. No return calls - no faxes, no emails. THAT in-of-itself proves to me with little doubt that our suspicions are valid that this program is simply a plan to play on distressed homeowners desperation and collect monthly resellers fees (nice MLM set up...huh???) and monthly lease payments.
I am with Soapboxmom that the more we write about it - the more likely the overwhelmed FTC / FBI might take a peek at this mess. Unfortunately, the reality of it - is that they are SO overwhelmed with scams like this that it could take a year or two before they can get staff to take a peek. Let's keep up the pressure and keep the points being made so that until they are stopped that we might, at a bare minimum, reach a handful of those distressed homeowners and warn them to RUN AWAY!!!!
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Re: Bella Homes / George Dranichak / Scam.com / Sviat / Vladimir Sviatoslavich
To add to Sharon's post, evicting the original homeowner will not grant protection under the Act. It would still be a document that was put in place during the foreclosure period, not that it would stop Bella from attempting to do so and collect more rent anyway. They would have to have control of the property and a true tenant in place way before the process even begins to attempt this. The potential issue with that is once Bella ultimately fails and deeds the property back to the owner (assuming they will do so without issue) the homeowner now has to deal with a tenant they do not have a lease claim to on top of everything else the foreclosure process brings. One of the bigger things to point out is that Bella actually needs the homeowner(s), at least initially. The reason being is that Bella is not a party to the mortgage or note (read:contract), and therefore cannot bring action on a contract they are not a party to. Simply being a deed interest holder does not give the right to bring action on the mortgage. In a few of these suits, the opposing counsel points out that Bella does not have standing to even be in the court. To date, I have not seen anything filed in the cases that gives Bella the right to sue on behalf of the homeowners, select counsel, or anything like that. It would be interesting to see the retainer agreement in one of these cases just for that.