BACHLS: Out of Business and still stealing homes it does not own. 

BACHLS, LP ceased to exist in July 2011, yet it is still maintaining legal actions across the country.   

Check your own state statutes. Under Oklahoma Code Title 54. Partnership 54-311.1 (F):

F.  A domestic limited partnership that has ceased to be in good standing or a foreign limited partnership that has ceased to be registered in this state may not maintain any action, suit or proceeding in any court of this state until the domestic limited partnership has been reinstated as a domestic limited partnership in good standing or the foreign limited partnership has been reinstated as a foreign limited partnership duly registered in this state.  An action, suit or proceeding may not be maintained in any court of this state by any successor or assignee of the domestic limited partnership or foreign limited partnership on any right, claim or demand arising out of the transaction of business by the domestic limited partnership after it has ceased to be in good standing or a foreign limited partnership that has ceased to be registered in this state until the domestic limited partnership or foreign limited partnership, or any person that has acquired all or substantially all of its assets, has caused the limited partnership to be reinstated as a domestic limited partnership in good standing or as a foreign limited partnership duly registered in this state, as applicable.  

Manufacturing performing loans into default because it still works...

Since the early 1990s, banks have used this same scam (described below) to steal homes. The paying customer sends in a full and timely payment, but the bank refuses to cash it, and then claim the loan is in default. This is called a manufactured default. The bank then piles on bogus fees and eventually initiates an illegal foreclosure action based on their own manufactured default; running into court with false statements claiming the borrower is not paying. This simple scheme has been used successfully for more than 20 years because it still works, and incredibly, judges are still falling for it. 

In most if not all states, this act of "making false statements to obtain property" is a state jail felony, and in Texas, it is punishable by up to 99 years in prison

What most homeowners don't know is the Uniform Commercial Code provides a remedy for this ruse:

§ 3-603. TENDER OF PAYMENT.

(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.

(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

(c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

 

Please help save The Torrenga's home with a Peaceful protest!


Tuesday September 2, 2014 6:30 AM
4224 E Laketon Ave, Muskegon, Mi 49442

Twenty two years ago, Kathy Torrenga and her husband, Dave, high school sweethearts, moved into 
their new home located in Muskegon, Mi. The first night in their home Kathy went into labor with their
first born child. Now, with their impending wrongful eviction just days away, Kathy is in the labor of
writing up their appeal, on her own! She has been unable to find an attorney to help defend her families 
home, from a company that does not exist in the state of Michigan. Something she pointed out to the 
Judge, but somehow that major detail was ignored, as well as left off the written transcript from their 
August 9, 2014 hearing.

How did this nightmare happen? Life was so good! They had always made their payments on time, at 
least 99.9% of the time. How could this be? Dave and Kathy are not deadbeats! 

It all started in October 2010, when the Torrenga's received an envelope addressed to Dave, with no 
return address, and nothing inside except a money order they had sent in as payment for December 
2009, it had not been cashed. They had no idea why it was being returned to them. Kathy called the 
mortgage company's customer service number and discovered the company was “out of business” and 
that a welcome packet should be received from the new lender soon. 

Next they received in the mail, one thin paper from BACHLS stating that they were the new “servicer”
with a phone number to call, within three days. Kathy called immediately. She was told BACHLS was 
a debt collector. They wanted to know what was owed on the mortgage, and what the Torrenga's 
monthly payment amount was. Kathy was confused why they did not know these things already. Hadn't 
SOMEONE been keeping an accounting of what they had been paying for years? It was at this time that
they were told they were in FORECLOSURE! They were in a PANIC. They were not behind! Their 
payment to the old company wasn't even due yet. That was when the nightmare started.

For almost three years, Kathy and Dave complied with each, and every, demand BACHLS requested. At the same time, Kathy put her life on hold to research and investigate what had happened. She discovered what our Government now knows, and is hiding in fear of a “slippery slope” verdict. That BACHLS, among many other major banks, had never assigned or transferred any legal rights, to any properties, that were packaged into Mortgage Backed Securities. 

BACHLS didn't do their paperwork on the Torrenga's property and they have definitely underestimated the will of these homeowners.

For more information on this story contact:
phone 231-736-5235 email greeneyes4224@gmail.com  
https://www.facebook.com/groups/312950218852826/ Michigan Foreclosure Fraud