From KD: corruption in probate takes its toll

Travesties in probate are commonplace where there is money involved.    Ex parte hearings occur all the time.    
The mortgage foreclosure in Sallas was intended to be disposed of ex-parte.   The attorneys available for defending these lawsuits seem to have a common pattern.    Stall!   The client agrees to a monthly retainer – something very reasonable – a couple a hundred a month.   
When the case comes up, they ask for a continuance.   A motion is sometimes filed  – this drags the case a couple of months, and finally the motion is heard, denied, judgment of foreclosure is entered and the case drags to a sale.    The sale is had, confirmed and finally the foreclosure victim is subject to eviction. The lawyer has stalled the case 8 to 12 months and has a few thousand dollars in his pocket.    Four or five of these foreclosures and for virtually no work a couple of thousand dollars is in hand.
Dean Sallas ran across one of these lawyers – when he learned that Dean had a defense and wished to use it, the lawyer resigned.   Dean contacted several other lawyers – they ran like hell when they heard that Dean wanted to present a defense.   
The problem does not end at the fly by night lawyers who prey on the helpless.    Few attorneys are willing to undertake the ‘hard cases’ wherein people with clout are the miscreants.    The Sallas case is particularly a problem – not only do we have a Judge in the primary guardianship case who should be disbarred and removed from the bench,alleged criminal conduct by the guardians including the public guardian of Cook County but Sallas is attacking a fundamental avenue of recompense of the Political and Judical elite – GUARDIANSHIP.
Guardianship provides the political elite with a tax free source of revenue that can be totally hidden from public view.    Let me explain once again.
Dean and Amelia Sallas own a home in Skokie.   The home has an equity of 1/4 million dollars.    The foreclosure allows a judicial sale of the home.    The guardian’s control and dominion over Dean and Amelia’s finances prevents any action by Dean to protect his home directly or indirectly.
At the foreclosure sale, the property will be sold.  The Byline Bank can purchase the property and even though the Rules of Court require the property to be sold for x% of value, if the Court approves the sale it can be sold at super bargain price.   There are equities of redemption but they are rarely exercised.   The Guardian by signing the mortgage himself has two shots at protecting the theft – assuming that Dean can get a lawyer to represent him.   The sale bid will allow a small deficiency judgment in favor of the Byline Bank.
Once a judgment is final appeal rights accrue in the foreclosure action.  Any appeal by Sallas, pro se or otherwise is premature and will be dismissed.   The notice of appeal must be filed within 30 days.    The net, net as long as the guardian is in place Dean is checkmated.
The sale in these cases is usually completed through a nominee.    The miscreant organization has dozens of nominees, some actually are real people who can front for the real purchaser.    The real purchaser may be a group, a single political individual, etc.   Title is passed, ByLine Bank (the institution) is made who and the principals are provided a bonus – This bonus can be a discount on some tangible property, a lucrative deal etc.    
The net is Dean and Amelia can easily lose their home and the corrupt judges, lawyers and ARDC stand silent. Even the states attorneys and FBI will not look into these case schemes and declare them corrupt from the get go.
The nominee, holds the property until the equity of redemption has expired, and a series of mesne sales takes place.   This may take some time.    In a house such as the Sallas house where the land value and the house plus land value are approximately the same, while the title his held by one of the mesne purchasers the land can be cleared and a new dwelling constructed so that the full value of the property can be realized.    In the case of the Sallas property 3/4 of a million dollars to 1 million dollar new house is possible.    With construction costs of about 1/4 of the new set purchase price it is not inconceivable that the new net net, het profit would be a capital gain of as high 1/2 a million dollars.
The 1/4 of a million dollars in equity that Sallas enjoyed is wiped out.    It has long disappeared and the new tax base is the price paid at the foreclosure sale plus the cost of the new construction.    The Sallas equity quietly disappears into the collective pockets of the guardian and whomever shares in the venture.   The capital gain is the Federal Government’s contribution to the HUMAN TRAFFICKING IN THE ELDERLY and the excuse for the Department of the Treasury (IRS) to look the other way.  Any they do!
In the academic world = not the real world, BREACH OF FIDUCIARY RELATIONSHIP is a taxable event.   Thus the entire sum would be taxable income jointly and severally to all the co-conspirators.    Even Grant Goodman would not be so naïve as to expect the United States of America to ferret out the miscreants and send them a tax bill – certainly collection of the taxes is unthinkable.
the incentive for HUMAN TRAFFICKING IN THE ELDERLY is just too great for the Political and Judicial elite to ignore.    Why law enforcement is so reluctant to enforce the law is quite similar to why lawyers are afraid to represent people such as Dean Salla defense of this mortgage foreclosure.
Dean has filed MOTIONS TO DISMISS.
In a State that takes pride in itself and the Constitution the MOTIONS would be sua sponde granted and Law Enforcement would be called in to investigate the criminal conduct that has permeated the Sallas case.   The miscreants would take up residence in prison!
Unfortunately we live in Illinois!    

Ken Ditkowsky

www.ditkowskylawoffice.com

‘kenneth ditkowsky’ via govcuffSun, Jan 3, 2:08 PM (3 days ago)
to Janet, Rick, Sheila, Key, Janet

Interesting approach.   Purchase the claim from the perspective client and prosecute the claim pro se – if I reading the decision properly.
An individual may sell his claims to another individual and that purchaser may prosecute the claim.   A pro se does not need a law license.
This gambit of Goodman’s failed because the Court applied the ‘substance/fact’ test.   If it looks like duck, smells like a duck, swims like a duck and has feathers like a duck, it is legally a duck!   Nice try.   

Ken Ditkowsky

www.ditkowskylawoffice.com

Here’s the most recent link I found on Goodman’s activities
STATE BAR v. GOODMAN | No. 1 CA-CV 18-0152. |… | 20181227009| Leagle.com

STATE BAR v. GOODMAN | No. 1 CA-CV 18-0152. |… | 20181227009| Leagle.comMcMURDIE, JudgeNOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111 c THIS DECISION IS NOT PRECEDENTIAL AND…

1 thought on “From KD: corruption in probate takes its toll

  1. Hi Mary, Just a shout out about the article I just received regarding Probate. While it is interesting to those in the know, I find it lacking clarity to someone who is knew to fraud. All the “buzz” words mean nothing to one who is new to a Probate proceeding, and those are different from state to state. Perhaps in the future, there could be more of an explanatory history as to what the laws are concerning probate, and how the process (doesn’t) work. Best wishes….Happy New Year! Ann Masotti

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