dollie motion. im so proud. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In Re: Case No. 8:12-bk-17019-KRM Chapter 13 Roseanne E. Dennis 17549 Good Hope Ln. Spring Hill, FL 34610 PETITIONER/DEBTOR VS VICKI L. KENNISON, c/o HOMELAND MORTGAGE CORP., TAMPA, FL ASSIGNEE OF FELIPE and ADALYS SANCHEZ, HUSBAND AND WIFE, MORTGAGEES AND ASSIGNORS RESPONDENT(S)/PLAINTIFF(S) SERVE: / MOTION FOR APPOINTMENT OF COUNCIL/ MOTION FOR EVIDENTIARY HEARING - OBJECTION TO CLAIMS COMES NOW, ROSEANNE E. DENNIS (Hereinafter referred to as “PETITIONER”), to request this Court to grant PETITIONER Court Appointed Legal Council as that PETITIONER is unable to afford an attorney and is not educated enough to appear Pro Se before this court. PETITIONER has tried repeatedly to contact the office of the TRUSTEE to speak with an attorney and/or arrange to meet with an attorney. This is as the amount of VICKI L. KENNISON’S (Hereinafter referred to as “RESPONDENT“) Claim is incorrect, as PETITIONER can show that the amount claimed as owed by RESPONDENT is incorrect and states further that: 1. RESPONDENT did claim that she paid Property Taxes for year 2008 in the amount of $1,772.96. RESPONDENT includes this amount in “Amended Affidavit of Amounts Due.“ Petitioner retains evidence that she paid said taxes, and will supply such evidence. (See PET. Exhibit “ “.) 2. RESPONDENT and JOSALINE OCASIO (Hereinafter referred to as NOTARY ) did submit documents in which NOTARY’S signatures are strikingly different. This is a violation of 2012 Florida Code TITLE XL Ch. 695.26 1(a),(b),( c), and (d). The fact that the documents involved are the afore mentioned Case No. 8:12-bk-17019-KRM “Amended Affidavit of Amounts Due” and the preceding “Affidavit of Amounts Due” (See PET. Exhibit “ “.), brings to question the validity of ANY amounts claimed due by RESPONDENT. 3. RESPONDENT did inflate amounts claimed as being due in U.S. Bankruptcy Case No.: 8:11-bk-20455-KRM from $23,663.64 to $66,671.00 (estimated total). This differs dramatically from the original $9,200.00 claimed in U.S. Bankruptcy Case No.: 8-10-bk-25157-KRM and the “Uniform Final Judgment of Foreclosure” amount of $43,141.97 in Case No.: 51-2009-CA00217-ES (6th Jud. Dist. Cir. Ct. Pasco Co., FL). As RESPONDENT is unsure of a set amount, it is reasonable to believe that RESPONDENT does not wish to merely collect on a debt claimed owed, but to collect, with the aid of the Court, as much as they can, regardless of validity of said claims, or to deny PETITIONER the ability to attempt to retain property and house, and acquire said houses and property at a severely reduced rate. (See PET. Exhibit “ “.) 4. RESPONDENT did violate the stay granted by the filing of Bankruptcy when she continued to contact PETITIONER with threatening and harassing phone calls in an attempt to either collect the debt in dispute or intimidate PETITIONER, and by coming to the property of PETITIONER. RESPONDENT also enlisted the help of other persons to place said calls. RESPONDENT admitted to these acts to MR. TERRY E. SMITH, Bankruptcy Trustee, at the first 341 Meeting of Creditors for U.S. Bankruptcy Case No.: 8-10-bk-25157-KRM. PETITIONER has a DVD of afore mentioned phone messages detailing harassment. It is the assertion that the DVD be admitted as evidence, as the messages were left by RESPONDENT by their own free will, knowing fully that they were indeed leaving a recorded message. In addition, RESPONDENT solicited the aid of PETITIONER’S tenants to get information on PETITIONER. This resulted to the loss of rental income PETITIONER relied upon to make necessary payments to both RESPONDENT and the Bankruptcy TRUSTEE. 5. PETITIONER submitted motions to the Circuit Court and the Honorable Judge LYNN TEPPER, which illustrate a number of the issues brought forth by PETITIONER, only to be dismissed out of hand and denied. Judge TEPPER refused to consider the motions, nor look at the accompanying evidence in support of PETITIONER’S claims. (See PET. Exhibit “ “.) 6. RESPONDENT, in a blatant act of “Predatory Lending”, required the ENTIRE property and BOTH houses situated at 17549 Good Hope Ln., Spring Hill, FL 34610 as collateral for the loan in dispute when the property is readily divided, and ONE(1) house and the accompanying property would have been more than sufficient to act as collateral for said loan. RESPONDENT required that PETITIONER’S MOTHER(MARGERITE D. DENNIS) sign off title on the house situated on the rear of the property to transfer PETITIONER’S MOTHER’S property into the possession of PETITIONER so that it would be included as collateral. RESPONDENT did this knowing fully that PETITIONER had no knowledge, nor understanding, of Mortgage laws, terms, nor practices. RESPONDENT also refused to allow PETITIONER’S MOTHER co-sign on the loan in question, regardless of the fact that PETITIONER’S MOTHER had superior credit history to DEFENDANT. As a result, after all fees and closing costs, and PETITIONER giving minimal compensation($7,000) to mother for the house on the rear of the property, PETITIONER received $12,657.00 of the original loan of $23,000.000, with a mandatory $240,000.00 in collateral. PETITIONER was in an unstable mental state (distraught with the recent suicide of fiancé and loss of custody of son with fiancé, to the child’s paternal grandparents, through subversion) and believed RESPONDENT to be acting in good faith in an effort to help PETITIONER acquire funds to fight the custody case. RESPONDENT clearly saw an opportunity to manipulate PETITIONER into a mortgage that RESPONDENT had no intention to seeing to fruition. RESPONDENT also knew that PETITIONER did not understand the term, nor would ever be able to make a “Balloon Payment,” especially one in the amount of $20,986.90, as PETITIONER’S only concrete source of income at the time was Social Security. Case No. 8:12-bk-17019-KRM Pursuant to 2012 Florida Code TITLE XXXIII Ch. 494.0072- 2 (b)&( c) this issue, in conjunction with the issues put forth in item 4 above, are acts that are prohibited and punishable by law. 7. RESPONDENT and RESPONDENT’S Attorney, ANTHONY P. PRIETO, did return PETITIONER’S payments, made in attempt to bring account current and avoid foreclosure proceedings. the amount RESPONDENT claims due does not reflect amounts to be forgiven pursuant to U.C.C. Article 3, Part 6. 3-603(a),(b),( c). (See PET. Exhibit “ “.) 8. PETITIONER was not notified of final trial/hearing date, as admitted in correspondence between PETITIONER and previous council, The TICKTIN LAW GROUP.(See PET. Exhibit “ “.) As a result, PETITIONER was not able to appear and present a proper defense. PETITIONER was not informed of the Assignment of Mortgage by RESPONDENT, nor of subsequent sale of PETITIONER’S homes and property until after the fact. (First sale of homes and property was vacated because RESPONDENT filed in Hillsborough County, Florida in a blatant attempt to hide the sale from PETITIONER.) Wherefore, it is this PETITIONER’S plea and this Courts jurisdiction, to grant the PETITIONER’S motions, appoint council for the PETITIONER’S defense, as PETITIONER was informed is her right, grant PETITIONER an Evidentiary Hearing to get a True and Correct Accounting of Amounts Due as claimed by RESPONDENT, address the issues of misconduct and fraud, and/or any other relief this Honorable Court sees fit and just. -NOTICE TO RESPONDENT(S)- RESPONDENT(S) wishing to dispute the above issues must submit, in writing, such objections and/or other responses within twenty-one(21) days of the filing of this motion. Failure to answer in the time allowed, and/or appear at any Hearing set in the future, will be deemed as RESPONDENT’S acknowledgement that the above stated is fact and grounds for the immediate dismissal of RESPONDENT’S claim. CERTIFICATE OF SERVICE I HEREBY CERTIFY, THAT A True and Correct copy of the foregoing has been MAILED/HANDED to the following on this day of , 20 : NAME: NAME: ADDRESS: ADDRESS: CITY: CITY: STATE: ZIP: STATE: ZIP: PHONE NO.: ( ) - PHONE NO.: ( ) - Case No. 8:12-bk-17019-KRM /S/ Roseanne E. Dennis PETITIONER/DEFENDANT 17549 Good Hope Ln. Spring Hill, FL 34610 Phone No.: (352)403-8213
Posted on: Wed, 21 Aug 2013 23:16:09 +0000
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