Sham Sheriff Sales & the Dreaded HOA Mafia

Soon after, Mr. Cameron brought a suit for a sheriff sale on Mr. Nair’s primary residence at 11031 Elliston Way NE Redmond WA 98053, valued at around $750K+, on which he retained over $520K in equity as his only encumbrance thence was a $230k FHA 30yr loan. He sought $80K in attorney fees for his “representation” of the $55/mo HOA’s interests during the fake bankruptcy scam proceedings colluding with Mr. Symmes. Mr. Nair sought to restrain the Sheriff sale on the grounds of it being entirely fraudulent as he had never contested any HOA dues and was only more than happy to keep paying the HOA dues and even sought to pay for two years in advance, as he has already done with Snoqualmie Ridge HOA. Despite this, Judge Ken Schubert who was again hearing this matter, allowed the sheriff sale to proceed. Mr. Nair was forced to then redeem the home for $93K from the sheriff sale, to protect his $520K+ equity in the home. He then brought a motion to determine the validity of the attorney fees as the CC&Rs for the HOA clearly allowed only “reasonable attorney fees” to collect dues, and furthermore also included a binding mandatory arbitration clause where there were attorney fees disputes.

Mr. Nair, and his attorney Mr. Charles Diesen, vehemently requested Judge Schubert to disallow any fees for Mr. Cameron as it was nothing but pure fraud in collusion with his previous attorney Mr. Symmes, against whom Mr. Nair had filed a legal malpractice suit immediately after the fake bankruptcy was dismissed and he regained control of his homes and his multi-million dollar estate trapped in the scam. However, Mr. Schubert ruled that he considered $112K judgment (including tacking on another $19K attorney fees for arguing the motion on attorney fees) was “entirely reasonable” to collect the dues of $55/mo, and that he was declining to allow mandatory arbitration (for simply no reason despite having been timely requested both by Mr. Diesen and Mr. Nair multiple times orally and in writing).

On November 2018, Mr. Brian Born, HOA Attorney for the Cottages at Heights, scheduled a sheriff sale for Mr. Nair’s property at 6813 SE Gove ST Snoqualmie WA 98065, over a $13.8K default judgment obtained ex-parte. Two days prior to the Sale Date, Mr. Nair wired the ENTIRE amount ($18.9K) due under the judgment over two wires, including the TOTAL INTEREST @12%, to Mr. Born, and asked to cancel the sale. However, despite having received the total payoff, Mr. Born refused to cancel the sale, stating that simply scheduling the Sheriff sale had incurred another $8k attorney fees for him – although this is not legally supported by statutes. This was done so that a notorious mobster from the so-called Sheriff Sale Mafia, one Mr. Alex Toth who regularly purchases homes under a multitude of shell LLCs for pennies on the dollar at these Sheriff Sales auctions through collusion with HOA attorneys predating on WA state’s Draconian and downright stupid HOA laws that give all the insane powers to corrupt, unscrupulous, charlatan HOA attorneys to steal millions of dollars of equity in homes over trivial uncontested HOA dues of usually less than pennies a day – regardless of how hard the homeowner tries to pay them off to avert sale. According to the covert agreement between Mr. Toth and Mr. Born, Mr. Toth “purchased” this $550k home in which Mr. Nair had retained over $400k in net equity and had put in two Marble Bathrooms and over $60K in upgrades alone, for a mere $32K at the Sheriff sale (under one of his shell LLCs named “Royal Flush LLC”).

The exact same situation played out two weeks later, when Mr. Dainen Penta, who had also scheduled a sheriff sale for the home at 6706 Quigley AVE SE Snoqualmie WA 98065, for which Mr. Nair was not only current on the HOA dues but had also paid for two years in advance. Mr. Penta’s “sale” was exclusively for his attorney fees (although dues are paid for years in advance), as which he claimed $18k for “representing” the $25/mo HOA during the bankruptcy scam in which he colluded with Mr. Symmes and Mr. Cameron on frivolous motions and responses for no reason other than to deceive the Court and balloon fees.

Although Mr. Nair had a loan ready to fund at Escrow prior to the sale date on that home, the Escrow agent could not get a hold of Mr. Penta, as again like with Mr. Born two weeks prior, this HOA attorney was also colluding with Mr. Alex Toth, and did not respond to any payoffs requests from Mr. Nair, his attorney or his escrow agent, as he wanted to force the sale to Mr. Toth. As a result of this flagrant conspiracy, Mr. Toth also purchased this 6-bedroom pristine home valued at over $850K+, (in which Mr. Nair owned over $540K in Net Equity as he only owed a first mortgage for a FHA 30 yr loan for under $310K), for a mere $28K at the Sheriff Sale- this time through another shell company Midas Mulligan LLC. Soon after, these scammers Toth and Penta produced a fraud declaration from Snoqualmie Ridge Property Manager Ms. Amy Atchison that the home had been vacant for over 6 months (when the fact was it was always occupied through back-to-back leases without a vacancy of even a single day), and thereby obtaining a default judgment (without any service to the homeowner) from Judge Chad Allred of King County Superior Court, vacating Mr. Nair’s one year redemption rights to his $540K net equity in the home.

Mr. Nair immediately hired attorneys Dickson & Frohlich from their eponymous firm, who showed the Court the back-to-back leases and vacated the judgment, reinstating the 1-year redemption period. Although the purchase price was a mere $28K at the Sheriff Sale, Mr. Toth demanded $120K as redemption quote, without any statutory basis, and included his own attorney fees for trying to steal the home into the redemption accounting. Mr. Nair was again forced to come up with a hefty amount of $120K for redeeming this home from yet another fraud sheriff sale, even though he did not owe a single penny to any of these HOAs and had always promptly paid or offered to pre-pay the uncontested, TRIVIAL, dues.

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