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.
your own state statutes. Under Oklahoma Code
Title 54. Partnership
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
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 firstname.lastname@example.org
Michigan Foreclosure Fraud