Sunday, July 13, 2014

How the probate deals are done in Probate — what to watch for


How the probate deals are done in Probate — what to watch for

by jmdenison
From: kenneth ditkowsky [Edit Address Book]
To: JoAnne M Denison , JK, Lucius Verenus Probate Sharks , Bev Cooper Probate Sharks
Subject: Re: Legal Real Estate Fraud
Date: Jul 13, 2014 6:35 AM
of course publish - this fraud has to stop. One way to make it stop is to take the profit out of it.
As you know my family is not unknown within the Jewish community of Chicago. My uncle owned a company known as Society Cleaners, Hyde Park Laundry etc. My father, and two uncles were well known in the Medical field.
Thus, it was not unexpected that as the years progressed I would obtain some business from or related to the nursing home cartel. One afternoon a young woman came into the office with a 'lawyer letter.' It seems that she was the beneficiary of a will, and assignments of some valuable real estate here in Chicago and there were claimants in New York who had the audacity to suggest that some undue influence had occurred and their father's entire estate was left to this woman and not his own children.
It seems that the father, after his wife of some forty years had died, met another woman married her and moved to Chicago. Unfortunately, the second marriage estranged him from his children and visits were limited to some telephone calls and annual get togethers The 2nd wife found her aging husband's health to be a problem and placed him into a nursing home for extended care. Soon afterwards she died and Daddy became flotsam. Rich flotsam, but nevertheless prey to the worthy cabal.
I do not know how the Will and the transfers took place, but I do know that they did and the letter was a fly in the ointment. The 'tale' that the young woman befriended the lonely old man who felt abandoned by his family and **** did not ring credible. I had visited an elderly client laying in his own urine in the nursing home operated by the young woman's father! A telephone call to the lawyer in New York verified my suspicions and I informed the lady that I was not interested in representing her. (Her retainer was very attractive, but I have never been in the business of exploiting anyone)
Looking back it is very clear to me that the family was discouraged from visiting father, not that they were anxious to do so - he was a pain - and he was a 1000 miles away. They had their own complicated lives. It did not take much to gain the victim's confidence and to get him to sign over his estate and this was done. The F estate in Florida involving Miriam Solo has many similar aspects.
Illinois enacted its guardianship statute to protect the ward from this type of exploitation. (It says so in 755 ILCS 5/11a - 3). When JUdges do not read the statute they administer and guardians are unprincipled the elder cleansers have a field day. When Mr. Larkin and the IARDC openly and notoriously promulgate a 'cover up' of the criminal conduct the public severely harmed. This is the reason the word has to get out and we need proactive law enforcement. The miscreants and their protectors must be made examples of and should spend some time in orange jumpsuits.
Yes - publish. Let's make elder cleansing as difficult as possible.
Ken Ditkowsky
From: JoAnne M Denison
To: kenneth ditkowsky ; ; Lucius Verenus Probate Sharks ; Bev Cooper Probate Sharks
Sent: Saturday, July 12, 2014 11:42 PM
Subject: Re: Legal Real Estate Fraud
Ken and Joe, very good, okay to publish?
And I have heard that properties can go thru 3 or 4 layers of resale in probate to keep it quiet.
To start, deal no.1, they let the grass and weeds grow, they leave dirt on the walls, they do not repaint. Appliances are stripped from the premises and sold separately on the cheap at estate sales where they are not washed or refurbished. Window treatments not updated and not removed. The house is shut tight and water left to drip in the bathroom so it gets a musty smell. Spider webs and dust balls blossom and flourish. Newspaper is put on windows, sometimes some are broken and boarded up. The real pros also cut the phone lines, cable lines, etc. Perhaps they can shut off or turn down the heat and get some pipes to burst and make a mess which is never fixed. Then, when the house is properly krausened, it is put on the market, BUT the realtor is in bed with the powers that be and no one can get a showing or buyers are told there was a murder there or anything to get rid of legit buyers. Whatever it takes. 6 months on the market and bad photos, they do a 30-50% deal. probate judge is "horrified" by conditions but is told there is not enough money for repairs (even if there is money, she is in on it too because these are powerful attorneys who got her there or can keep her there) After that first sale, then, then shill no. 2 paints, cuts grass, fixes windows, mess from burst pipes, the house is clean, but outdated. The musty smell may still be there. The home is sold time no. 2 for 70% of appraised value. Finally "finishing shill" no. 3 makes a full blown investment with a modern kitchens and baths, the home is detailed and 100 percent cleaned up. It is sold for 100 to 110 per cent of it's value, often to a VA or HUD buyer. 3nd shill, second VIG. *very important gain"
The cycle is complete. It took 2 years so no one suspects, no one can say anything.
But if you look at the property records of certain people, generally relatives of probate lawyers (cynthia farenga/michael crowley) there are hundreds of "property transactions" in 6 or 7 years. plenty of vigs to go around.
The FBI does not see or hear anything, nor do the states attorneys. Since they're really not taking the FBI "minimum" of $500k in any particular deal, it's much harder, if not impossible to trace.
But the probate attorneys and relatives are beholding to some real goons and thugs in the international cartel of probate shenanigans. if you speak or hint about the cartel, you are whacked. permanently.
joanne
-----Original Message-----
From: kenneth ditkowsky
Sent: Jul 12, 2014 8:51 PM
To:
Subject: Re: Legal Real Estate Fraud
The answer is no. The most profit is obtained by selling the real estate at the lowest possible price to a nominee. the nominee then holds the property until it can be maximized and then it is resold at profit.
In Sykes the home of Mary was appraised prior to the guardianship at 700 K. Most of the value was in the land. The nominee sale was for approx. 300K. The nominee when the smoke clears will sell the real estate for 700k and obtain a 400 k profit to be divided amongst the miscreants.
As the Court will rubber stamp the transactions the theft is full proof.
Ken Ditkowsky
From: a blog fan
To: kenneth ditkowsky
Sent: Saturday, July 12, 2014 3:04 PM
Subject: Re: Legal Real Estate Fraud
The question is, why aren't the probate attorneys (who would receive a percentage of a deal in probate) and their cronys interested in getting the "best deal" possible?
On Wed, Jul 9, 2014 at 8:38 AM, kenneth ditkowsky wrote:
Unfortunately there are few in law enforcement who are not and were not aware of the scam that the probate criminals use in obtaining profits from a 'ward's' real estate. It has been another of those 'dirty little secrets' that no one talks about. The only distinction between today and yesterday is the fact that Attorney regulatory authorities are actively enforcing a code of silence to protect the profiting attorneys and their co=conspirators.
When I first got into the practice of law I created a stir by thwarting one of these scenarios. I was involved in partition lawsuit. [This is a lawsuit in which two joint tenants have a dispute and as they cannot agree to a buy out, or the sale of the property one of the two owners files a suit to compel the sale] I represented the defendant who was a joint owner of a farm. The Court correctly ruled that as both the parties were joint owners (Joint tenancy) pursuant to statute the court could sell the property. The appraisal was ordered by the commissioner and as I was a novice a low ball appraisal was submitted to the court.
As you probably know I had some experience that I had not made public and I sat quietly by and waited to be raped. The Court approved the appraisal and the property was set for sale. The minimum bid was 65% of the appraised value. The appraised value was about 60% of value. To bid you have to meet certain criterion and settlement is in two stages - at closing 10% in cash or equivalent and 10 days payment in full.
On the day of sale, out of nowhere I bid the actual value of the real estate. The shill who had been instructed to bid $100.00 above whatever my first bid was, immediately increased the bid by $100.00. An onlooker who knew me could not help himself and laughed out-loud. The trap had been sprung, and now the games player had been outfoxed by his own avarice. My client was off the hook and guaranteed a fair price. I made no further bids.
Today I could not get away with such a stunt, and my bid would have been the winning bid; however, the experienced attorneys on the other side anticipated my move and had prepared for it. The expected that I had authority for one or two bids and I would low ball on bid 1. No one expected a full price bid!
For weeks afterwards the gambit was laughed over at the courthouse. Even my opponent was so amused by the gambit he told my uncle about it at a party and laughed at being outfoxed by such a novice as me. My uncle did not tell him about my employment or the training that I was receiving. (The case settled not because of anything that I did or did not do, but because a few days later just prior to a settlement conference President Kennedy was killed. The death of the president placed such a pall over all of us that when I arrived at the settlement conference the other attorney said make me your best offer - I did and he accepted it on behalf of his client.)
Ken Ditkowsky
jmdenison | July 13, 2014 at 4:20 pm | Categories: Uncategorized | URL: http://wp.me/p209wH-1os

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