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

In this aforementioned case the Defendants have asked to have the case removed to federal court. This should be quite interesting to follow:

Bella vs Does 2.pdf[

Bella vs. Does 3.pdf

Bella vs. Does 4.pdf

Originally Posted by Soapboxmom

In this aforementioned case the Defendants have asked to have the case removed to federal court. This should be quite interesting to follow:

Bringing it to federal court is the best thing to do for the mortgage company. It is the venue where Bella has had 0% success and the mortgage company can use all the previous case work to have their case easily handled.

There has to be a point where the courts have enough?

MM

Originally Posted by Magic_Muffin

Bringing it to federal court is the best thing to do for the mortgage company. It is the venue where Bella has had 0% success and the mortgage company can use all the previous case work to have their case easily handled.

There has to be a point where the courts have enough?

MM

That is an excellent question. I posed it at Quatloos hoping someone with a legal background will weigh in. In the meantime here is what Texas says:
CIVIL PRACTICE AND REMEDIES CODE**CHAPTER 11. VEXATIOUS LITIGANTS

Soapboxmom

Originally Posted by Soapboxmom

That is an excellent question. I posed it at Quatloos hoping someone with a legal background will weigh in. In the meantime here is what Texas says:
CIVIL PRACTICE AND REMEDIES CODE**CHAPTER 11. VEXATIOUS LITIGANTS

Soapboxmom

Texas is a great state indeed.

The latest court filing my birdy sent me will have folks rolling on the floor laughing. Not only did Bella's attorney not properly serve one of the defendants, but when the Defendant made a Motion to Dismiss Bella's attorney did not respond. Classic legal comedy at its finest!

Cooke_Dismissal.pdf

Soapboxmom

Originally Posted by Soapboxmom

The latest court filing my birdy sent me will have folks rolling on the floor laughing. Not only did Bella's attorney not properly serve one of the defendants, but when the Defendant made a Motion to Dismiss Bella's attorney did not respond. Classic legal comedy at its finest!

Soapboxmom

Well - in Bella's defense - as I keep saying, their ONE claim to fame is holding up the inevitable foreclosure in the courts for a period of time. Ms. Cooke earned 8 months longer in her home and Bella received 8 months of lease payments! Sounds like a true win-win to me! ............................ :)
NOW - if Bella would simply get their clients and their resellers to understand that this is ALL what they are about then perhaps the future lawsuits for fraud may be kept down to a bare minimum....
Again - I'm not understanding how the heck they are still at it - but somehow, someway they're either on borrowed time - or they are fooling not only clients and resellers but also the authorities.........
Thanks for posting the Cooke Dismissal - it truly is entertaining+very sad....

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

Quatloos! • View topic - Bella Homes Foreclosure Rescue MLM

Our dear colleague from Quatloos very kindly answered our questions about Bella and whether they could be labeled vexatious litigants. I am happy to hear that monetary sanctions are quite possible. It is high time this nonsense be brought to a halt. wserra thought the Defendant's latest Motion looked very good. I was impressed with the Defendant's attorney from what I found online. This will be very fun to watch.

I pulled more docs on that Colorado case from PACER. So, I think I have the motion referred to in the post on Quatloos. That attorney Bella is using is in for quite a fight. He might as well get a ski boat and try to raise the Titanic!

Note on pages 19-20 we learn that Bella paid $10.00 for the property and what the Defendant's attorney has to say about that. What Bella is doing is unconscionable to say the least!

Bella Munholland Case Plaintiff's Motion to Remand to State Court.pdf

Bella Munholland Case Bank's Motion to Dismiss.pdf




Soapboxmom

Wow, the best things out of the Motion to Dismiss are golden........

Further, when Wells Fargo foreclosed its senior interest in the Property with the Public Trustee and obtained its Confirmation Deed, Bella Homes’s alleged
junior interest in the Property was extinguished pursuant to C.R.S. § 38-38-501 as a matter of law. Under these circumstances, Plaintiffs have no standing to assert any claim for an interest in the Property.

The biggest thing I have been saying (among all the other things that are flawed with their "program") is that they lack standing to bring any claim. In this case, not only do they have no claim, they waited 5 months to file the only thing that would have given them temporary subject-to ownership, well after the law cancelled any interest.

As recently held by the Colorado Court of Appeals, a party asserting claims that its secured lender wrongfully foreclosed on its collateral must plead and prove that it was not in default under its loan when the foreclosure proceeding commenced. See Ball v. OneWest Bank, FSB, No.11CA0169, slip op. at 14-15 n.5 (Colo. App. Jan. 19, 2012) (attached hereto as Exhibit O); Fields v. Millsap & Singer, P.C., 295 S.W.3d 567, 571 (Mo. Ct. App. 2009) (“[a] plaintiff
seeking damages in a wrongful foreclosure action must plead and prove that when the foreclosure proceeding was begun, there was no event of default on its part that would give rise to a right to foreclose.”

Wow, that one throws their whole program out the door......a pretty good reason not to do business in the State. Furthermore, how can any respectable, knowledgeable attorney file any of this like they don't even know State law..........oh wait, never mind, Bella has some of the best legal minds under retainer, and this never happened....

The clear pleading that Bella Homes engaged in unconscionable conduct under the Colorado Foreclosure Protection Act will speak for itself.

Originally Posted by Soapboxmom

The latest court filing my birdy sent me will have folks rolling on the floor laughing. Not only did Bella's attorney not properly serve one of the defendants, but when the Defendant made a Motion to Dismiss Bella's attorney did not respond. Classic legal comedy at its finest!

Cooke_Dismissal.pdf

Soapboxmom

Watching from afar, it appears to me people have got the wrong impression as to where the scam is being perpetrated.

IM(very)HO, the "not serving" and "failure to respond" were deliberate on the part of Bella and/or its' non existent attorneys.

Just as with a magicians' misdirections, we are being purposely directed to look for the BIG fraud, as in: the hundreds of thousands of dollar end of the field, when, IM(very)HO the REAL fraud has already taken place i.e. the fees and sham "lease payments"

Whatever happens, Bella can't lose.

It has the fees and lease payments and can afford to delay the 5 or 6 months.

In fact, it WANTS 5 or 6 month delays, the longer the better.

By the time the initial signups wake up to the reality of what's happening, gone through the process with the mortgagees and act (if, by that stage they have any money TO act) months, if not years will have passed and those behind Bella will be long gone WITH the multiple relatively small amounts of fees and payments.

Likewise "not filing" is better for Bella, as well. "Filing" costs money and time, whereas "not filing" costs them nothing.

AND the clincher is, as has been pointed out Bella has no standing, which means it's the homeowner/mortgagor who is in the hole and bears all the risk and penalties.

My reading of the situation is that Bella not only CANNOT but doesn't actually want to "be involved"

Again, IM(very)HO, the same tactics of misdirection and capitalizing on the global financial and real estate crises are being used by Bella Homes as are/were being used by the fraudsters behind Property Wikia.

I would fully expect to see a steadily increasing numbers of reports come trickling through of similar cases to those above where it "appears" as if Bella has overlooked basic procedures before people finally realize the "overlooking" is deliberate.

Don't look for the large amounts, look for the multiple small amounts.

HEY EVERYONE!!!!!!!!!!!!!!!!!!!!!!
So now is the time for us to join together to MAKE A DIFFERENCE and STOP Bella Homes!!!

GUESS WHAT?!?!

The US Attorney's Office found me from one of my posts (where I used my real name) and they want to speak with ANY of us who are as incensed about what Bella is doing as I am. They want any information that they can track down on the Bella folks and program. They are looking for any and all info to bring an End to Bella!!! They already know quite a bit - but they need help in building their case. I for one am absolutely telling them everything I know and would really appreciate any of you stepping up and helping as well. They understand some of the info may be circumstantial but any lead is a good lead.
Let me know how I can contact you (or you contact me) so that I can give you the contact info of the US Attorney's office contact assigned to the case.
SoapboxMom- they would very much like to hear from you as you definitely are leading the pack on this thread with lots of great info and I said I would try to get you specifically to give them a jingle.

Let's do this together and make a difference!!!!!! I truly hope to hear from some of you!!!!

Cheers!

I realized after I hit "send" on my last post - the easiest way for us to make a difference together - is for me to post the US Attorney contacts that are on the Bella Case. Please contact them and tell them that you got their name and number off of the internet site from someone they've been in direct contact with regarding the Bella Case (I don't want to post my real name here just in case there is retribution from Bella folks):
The US Attorney Office investigator names are:
Craig Tische 1 303 454 0161 and
Chris Larson 1 303 454 0252

I hope some of you will call them!
Here's to us!!
Cheers!

Originally Posted by Sharon B

I realized after I hit "send" on my last post - the easiest way for us to make a difference together - is for me to post the US Attorney contacts that are on the Bella Case. Please contact them and tell them that you got their name and number off of the internet site from someone they've been in direct contact with regarding the Bella Case (I don't want to post my real name here just in case there is retribution from Bella folks):
The US Attorney Office investigator names are:
Craig Tische 1 303 454 0161 and
Chris Larson 1 303 454 0252

I hope some of you will call them!
Here's to us!!
Cheers!

I just spoke with Craig. Anyone who has been defrauded by Bella should come forward immediately.

Really swell of George Dranichak / Vladimir Sviatoslavcih to pull the thread on Scam that was exposing this bunch and protecting consumers and then advertise for them. Sheesh!


Soapboxmom