AAF.News : LETTER TO ATTORNEY GENERAL BOB BONTA IN CALIFORNIA FROM HOMEOWNERS!
Yong C. Kim Brillouet (818) 439-7625 ;
firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 1 of 14 To: Attorney General Rob Bonta 1300 Street, Suite 1740, Sacramento, CA 95814 Subject: Urgent Request for Intervention Regarding Wrongful Foreclosure and Seizure of Property by Pacific Western Bank Dear Honorable Attorney General Rob Bonta: Short Summary: Pacific Western Bank, (also doing business as Coastline RE Holdings Corporation) is currently in trouble and the FDIC may likely take over this bank because of bad management of their customers deposits and because of bad predatory practices similar to what they have been doing to my wife and me. In 2014 our first home was wrongfully foreclosed by the bank and thereafter we were wrongfully evicted. They foreclosed on homeowner occupied home and refuse to give us the opportunity to extend or modify or obtain a new loan and instead required us to make a balloon payment of the full loan amount which was and is illegal in California. Now in May 2023, the home we are living in we own free and clear, has no loan, and is paid for. However Pacific Western Bank through their subsidiary Coastline Holdings Corporation is evicting us because they are charging us $975,000 for their attorneys’ fees in relation to a 2hr unlawful detainer bench trial and our first home (we lost in 2014). Yes, you have read it correctly, a million dollars for an eviction and foreclosure case. The fact is Pacific Western Bank with their subsidiary Coastline RE Holdings had not legal basis to claim attorneys’ fees because their claim was brought under Code of Civil Procedure Section 1161 under which statute attorneys’ fees for an unlawful detainer are not allowed. As result in 2019 we were forced into bankruptcy, due to the enormous hardship and continued ordeal we have been living for ten years, as we understood bankruptcy is designed for debt relief. Lastly, Pacific Western Bank has lobbied the trustee to deny us our constitutionally guaranteed Homeowner Homestead Exemption. Currently the homestead exemption is $600,000 for a couple in Los Angeles County. Such an critical exemption would save our home. If the bank can manage to make the trustee take our rights away, Pacific Western Bank can do that to Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 2 of 14 anybody. We urge the Attorney General to investigate the bank’s wrongdoings and specifically this issue. Due to Pacific Western Bank decade long relentless and ruthless assault on our lives and business, eventually their abuses took a toll on our health and Pacific Western Bank found a way while we were wounded to forcefully convert our bankruptcy reorganization case to a liquidation case. Today we are on the verge of being kicked out of our home on the street homeless and this event is scheduled to happen on 6/23/23. Thank you for your attention to this matter. I anxiously await your prompt response and action on this pressing issue. Yours sincerely, Yong C. Kim Brillouet (818) 439-7625; Email: firstname.lastname@example.org Erick Brillouet (818) 436-9883; Email: email@example.com Summary 1: Pacific Western Bank wrongfully initiated the foreclosure process on our property in 2014, leading to our unjust eviction. Despite employing non-judicial foreclosure methods, the bank proceeded to file a foreclosure case against our loan guarantor, unlawfully obtaining $500,000. This act was a clear violation of the law. Furthermore, the bank pursued legal action against us, demanding an exorbitant $210,000 for attorney fees related to the unlawful detainer case. This demand was baseless and illegal since we had no contractual agreement or lease arrangement with the bank. Consequently, we were compelled to relocate to a rental property that was completely owned and free from any loan obligations. After placing multiple liens on our house, Pacific Western Bank continued to escalate their attorneys’ fees. In 2019, we received a court notice stating that we owed the bank a staggering $480,000. Recognizing the urgency of the situation, we sought legal counsel, and our attorney advised us to file for bankruptcy immediately in order to protect our house and business and to halt the bank’s unlawful attorneys’ fees increases. Consequently, we filed for Chapter 11 bankruptcy in order to address and resolve the illegal attorneys’ fees. It can be disheartening for individuals to confront a powerful entity Pacific Western Bank, and many may feel compelled to give up in the face of such overwhelming odds. Throughout the bankruptcy proceedings, Pacific Western Bank deliberately engaged in tactics to prolong the case, repeatedly causing delays, and failing to affirm our rightful position. Taking Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 3 of 14 advantage of this situation, the bank shamelessly increased their attorney fees to an exorbitant amount of $975,000. To add insult to injury, even our own attorney began escalating their fees, adding to the mounting financial strain we were already enduring. The combination of the bank’s deliberate delays and the unexpected rise in legal expenses further compounded the challenges we faced during this arduous process. Unfortunately, the situation took a turn for the worse when our own attorney, who had already received $120,000 from us, abruptly ceased his services, and now demands an additional $130,000. This unexpected abandonment by our legal representative left us in a vulnerable position. Subsequently, Pacific Western Bank successfully petitioned to convert our Chapter 11 bankruptcy to Chapter 7. As a result, the court appointed a trustee who, initially upon realizing that our house was worth less than the claims amounts, was going to abandon our home. But Pacific Western Bank made a deal with the trustee, to continue the sale, in which he will get $175,000 carve out of the sale of our home. The trustee upon learning our home was occupied by seven disabled individuals, he acknowledged the difficulty of selling the property. Despite this knowledge, the trustee proceeded to request the assistance of the U.S. Marshals Service and the sheriff to forcibly remove us from our home. We have repeatedly witnessed instances where the bank has lied under oath and signed documents, under penalty of perjury, falsely claiming that we engaged in fraudulent property transfers, despite not owing any debts to anyone. Shockingly, the court unjustly believed the bank’s accusations, portraying us as criminals rather than holding the bank accountable. These actions demonstrate a clear violation of trust and bias, as the bank has engaged in fraudulent, predatory practices to seize our homes, leaving us homeless. The bank intentionally provided false information to the court with the aim of wrongfully acquiring our property through fraudulent means. Now faced with a distressing reality, we find ourselves in a dire situation where we have a mere 29 days to vacate the premises. Regrettably, we have been left feeling utterly hopeless, as we now face the imminent prospect of homelessness. Thank you for your attention to this matter. I anxiously await your prompt response and action on this pressing issue. Yours sincerely, Yong C. Kim Brillouet (818) 439-7625; Email: firstname.lastname@example.org Erick Brillouet (818) 436-9883; Email: email@example.com Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 4 of 14 Summary 2: I am writing this letter with a deep sense of urgency and distress regarding the predatory and discriminatory conduct and actions of Pacific Western Bank, which have caused immense hardship and the imminent risk of homelessness for myself, my husband, and a group of mentally disabled individuals under my care. I kindly request your immediate intervention to rectify this grave injustice. In 2014, Pacific Western Bank wrongfully foreclosed on our previous home we owned, leading to the loss of our home and severe financial hardships. However, the situation has taken an even more dire turn in 2023, as the bank has seized our current house, which is completely free and clear of any loan. Shockingly, the bank justified this seizure by claiming it is to cover their attorney’s fees. This act of seizing property that had no legal encumbrances is not only deeply unjust but also violates our constitutional rights. The consequences of Pacific Western Bank’s actions are severe and far-reaching. As a result of their unwarranted seizure, we are now on the verge of being evicted from our home, alongside the vulnerable group of mentally disabled individuals I am responsible for. The prospect of homelessness not only threatens our immediate safety and well-being but also undermines the progress we have made in providing a stable and nurturing environment for these individuals. Adding to our distress, we are being denied the full homestead protection and benefits that should be rightfully accorded to us. This denial further compounds the injustice we are experiencing and deprives us of the legal safeguards that should be in place to protect individuals in our situation. It is with an overwhelming sense of urgency that I implore you, as the Attorney General, to take immediate and decisive action to rectify this gross misconduct by Pacific Western Bank. I humbly request that your office conducts a thorough investigation into the bank’s actions and holds them accountable for their unjust and predatory practices. Moreover, I urgently seek your assistance in providing the necessary legal guidance and support to protect our rights, halt the eviction process, and secure a stable living arrangement for the mentally disabled individuals under my care. My wife and me came from foreign countries as immigrants to pursue our American Dream. We came here with nothing, but we built ourselves up from scratch to where we are now. We spend at least 25 years working hard day and night to acquire the little wealth we currently possess. Pacific Western Bank took that dream away because of greed and took it a step further and brought upon us their legal abuse and legal shakedown schemes to a level of evilness. What kind of bank relentlessly pursues homeowners based on false premises? Aren’t banks in the lending business? Since when it is ok to steal a homeowner’s homestead? Pacific Western Bank did not like us because we did not fit their white-Anglo American lending profile, we poorly spoke English back then, for them it was easy to give us the run around while dual Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 5 of 14 tracking us. As the easy mark, my wife and me were for the bank, unsophisticated and naïve immigrants with poor communication skills, Pacific Western Bank and Coastline RE Holding strung us along for more than two years and led us directly into foreclosure to lose our home and get evicted in 2015. The potential consequences of inaction in this matter are dire. We are at risk of being forcefully removed by the US Marshals, leaving us without a safe and stable living environment. The lives and well-being of these vulnerable individuals hang in the balance, and their displacement would be catastrophic for their physical and mental health. On June 23, we are threatened to be removed by force and faced with the urgent need to vacate our own home that has no loan with nowhere to go. Our desperation prompted us, along with ACCE, a non-profit organization, to stage a protest on 5/22/23 at a Pacific Western Bank branch in Beverly Hills. Our aim was to meet with the bank’s executives and find a solution to our problem. Despite our efforts, the executives did not emerge and hid in their offices throughout the protest, and instead, the police arrived at the scene. However, TV crews came to record the event, KTLA TV Channel was present while we conducted a press conference. A reporter from the Korean Times newspaper came to interview us. We are determined to persistently protest and challenge Pacific Western Bank until they acknowledge their wrongdoings and acknowledge us. Our commitment to seeking justice remains unwavering, and we will continue to advocate for our cause until they accept responsibility for their actions. Enclosed with this letter, you will find copies of pertinent documents, including notices and evidence of ownership of our current property. Should you require any additional information or if there is any way I can assist in expediting this process, please do not hesitate to contact me. I beseech you to act expeditiously and decisively to ensure justice is served, and the rights and welfare of myself, my husband and the mentally disabled individuals under my care are protected. Time is of the essence, and a swift response from your office would provide us with the reassurance and security we so desperately need. We are taking care of approximately fifty mentally disabled individuals. Thank you for your attention to this matter. I anxiously await your prompt response and action on this pressing issue. Yours sincerely, Yong C. Kim Brillouet (818) 439-7625; Email: firstname.lastname@example.org Erick Brillouet (818) 436-9883; Email: email@example.com Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 6 of 14 Public protest in front of Pacific Western Bank headquarters at 9701 Wilshire Blvd, Beverly Hills, CA 90210 where Paul Taylor, CEO has his offices. Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 7 of 14 Detailed Long Summary: I am writing to you today to seek your assistance with a deeply troubling and distressing situation that my family and I have been facing with Pacific Western Bank predatory, unjust, and discriminatory business practices and conduct. How is it possible to foreclose in 2014 my first home wrongfully and now in 2023 seize my second home (which is free and clear of any loan) for their attorney’s fees? How can we possibly lose our house not just once but twice to the same bank? Pacific Western Bank wrongfully foreclosed on our first house in 2014 which we lost and were evicted from, and now in 2023, they are demanding our current home, as payment for their attorney’s fees, even though we do not have any loan agreement with them, and our current house is free and clear of any loans. The bank claims that we owe them almost one million dollars for their attorney’s fees, which we find to be predatory, discriminatory, and criminal behavior. Under California law, it is clearly stated that the banks cannot pursue homeowners for deficiencies when they opt for a non-judicial foreclosure procedure. However, Pacific Western Bank acted above the law by manipulating the court system and avoiding foreclosure law requirements so that they could continue harassing us and pursuing their extortion predatory scheme by making unwarranted attorney’s fees claims. Even though the bank sued our loan guarantor and received an approximate amount of half-million dollars ($500,000) for various alleged claims in relation to our home loan. It started with the bank offering us a loan modification when we asked for a loan extension. Initially, we were promised a 30-year loan by our bank after we had taken out a 3-year loan to purchase our house. Unfortunately, the FDIC closed our bank down before we could obtain the 30-year loan. As a result, we contacted a new bank that took over our loan to discuss the possibility of extending our loan terms. The new bank requested us not to pay mortgage payment for three months to qualify for a loan modification under Home Affordable Modification Program (HAMP), accordingly we followed the bank’s instructions. We never missed any payments until the bank requested us to miss the mortgage payments. After three months, we anticipated receiving either a loan extension or modification, but to our surprise, the bank had already planned to foreclose our home and demanded that we pay the entire loan amount in a balloon payment. We tried to get a loan from other lenders but discovered that the bank had already reported us as defaulting on the loan, preventing us from obtaining any loans from any other banks. When Pacific Western Bank refused to provide us with a loan, we offered them to secure the loan on our house by using our own assets, including a rental home, a piece of commercial land, and my mom’s house, all of which were free and clear and amounted to almost one million dollars. Pacific Western Bank refused our offer. Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 8 of 14 We were unable to obtain any loan from any banks due to the Pacific Western Bank nefarious scheme. However, we found a few private lenders who were willing to lend us the money we needed. The interest rate was much higher than what other banks typically charge. We repeatedly offered Pacific Western Bank to pay off the loan, both before and after foreclosure. However, Pacific Western Bank increased the amount owed each time we made an offer. Eventually, the bank demanded the exorbitant amount of $1,837,000, despite the original loan balance being $1,100,000 at the time of the foreclosure. Yes, Pacific Western Bank demanded an additional $737,000! This amount was simply extortionary and unjustified. Our efforts proved fruitless, and we hopelessly lost our home to Pacific Western Bank in foreclosure in 2014. Our first home we lost had a loan guarantor, and the bank sued him for half a million dollars, which they obtained from him. The bank then sold our house to their subsidiary Coastline RE Holdings Corporation at a lower price to receive a tax credit and sold it to the public for more than the remaining loan amount we owe – the house had equity. Despite the bank’s financial gain from foreclosing on our house, they proceeded to sue both of us and our loan guarantor. Once the property is sold in a non-judicial foreclosure, the debt is satisfied, and the lender cannot seek any further payment from the homeowner. This means that if the sale of the property does not cover the entire mortgage debt, the lender cannot go after the homeowner for the remaining balance. The bank did not provide us with a notice of default and a notice of sale which was illegal. In a non-judicial foreclosure procedure, the bank must provide a notice of default and a notice of sale. Although we had a loan guarantor, the bank claimed that we did not have a loan with them and used this as a basis to sue the guarantor. However, despite this claim, the bank still reported us to the credit bureau as defaulting on the loan and recorded a notice of default with the county recorder’s office. When the bank refused to provide us with loan modifications or a loan extension. We offered to secure the loan on our house by using our own assets, including a house, a piece of land, and our mom’s house, all of which were free and clear and amounted to almost one million dollars in total. We provided them with a financial statement and showed them our assets to get a loan, not hiding them. Even though the bank repeatedly asserted to the court that we had “fraudulently transferred properties,” implying that we were the ones engaged in criminal activity. Furthermore, the bank signed these statements under penalty of perjury. “Is it possible to fraudulently transfer properties if you don’t owe any debts to anyone?” After eviction from our house, the bank filed a motion for attorney’s fees past the 30-day deadline. Despite this, the judge still granted the bank’s request. Additionally, the bank filed an unlawful detainer case as a limited jurisdiction case. This meant that the bank paid for the filing fee for the limited jurisdiction case and received a receipt indicating the limited jurisdiction nature of the case. During the hearing, we presented our argument to the judge that the bank knew about the limited jurisdiction and did nothing to correct it for a year and a half. We also Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 9 of 14 argued that the bank should not be awarded more than $10,000. However, the bank claimed that it was the clerk’s error, which the judge agreed with and recategorized the case as an unlimited case over a year and a half later when the case was filed. Despite our objections, the judge granted the bank’s request and awarded them $210.000 in attorney’s fees. We could not believe that the bank was able to get away with this, especially since they filed their motion past the deadline and did not correct the limited jurisdiction for a year and a half. It felt like the system was working against us. Similarly, in a recent case involving the same bank and another litigant, the courts have shown leniency towards Pacific Western Bank. Despite the litigant’s retirement funds being exempt from the bankruptcy estate, the courts awarded them to Pacific Western Bank in a bankruptcy case due to a filing mistake made by the litigant. This suggests that the bank may make mistakes in their filings without facing dire consequences, while individuals like John or Jane Doe may not be as fortunate. Is Pacific Western Bank above the law? I have discovered that this bank has profited from one single loan in many other ways. For instance, through an FOIA inquiry, I found out they bought the assets (loans) of the original bank for fifty million dollars and received an eight million dollars discount. Furthermore, the way they set us up by requiring us to miss payment in order to be able to qualify for a loan modification was obviously maliciously done in an efforts to create a default on our part but also the three months are not random, indeed, according to an acquaintance who is previous employee loan officer is due to the fact after 3 months they can make an insurance claim for the loan amount and get repaid for. Clearly one single loan, our loan was a windfall for the bank. The bank demanded that we pay over $210,000 in attorney’s fees for a 2-hour bench trial for an unlawful detainer case! They dragged me through multiple grueling depositions, where I was asked the same questions repeatedly all day at first disposition. I was mentally and emotionally exhausted and almost fainted. And to add insult to injury, they wanted me to pay for those depositions, and they added these expenses to their attorney’s fees. I do not understand how this can be fair? All I wanted was a loan as I had been diligently making my payments. Pacific Western Bank’s manipulations of the court system is unforgivable and criminal. In October 2014, we filed for Chapter 13 to prevent foreclosure, but the bank proceeded to obtain a court order from a different court to bypass the stay on foreclosure proceedings without notifying us. The bank intentionally did not tell us. Additionally, the bank falsely and maliciously accused us of being con-artists and claimed that we fraudulently transferred our two properties to deceive them. However, the bank failed to disclose to the court that we had offered to use our properties as collateral and had provided financial statements that included the properties, they accused us of hiding. The bank lied to the court under oath and signed these documents under penalty of perjury. This is a criminal offence. Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 10 of 14 In 2019, we received a notice of examination from the court. Seeking help, we visited ACCE Institute and met a woman who had previously faced a similar problem. She mentioned that her attorney had successfully negotiated with her bank to regain ownership of her house and received compensation. While she could not disclose the amount due to a confidentiality agreement, her story gave us hope that her attorney could assist us as well. However, after consulting with him, he advised that it would be challenging to help us as we had already lost our house. He introduced us to his friend, Giovanni Orantes. We informed him that we had received a notice of examination because of bank judgment liens on our house and a piece of land that we own. After we explained the situation to him, he advised us to file for Chapter 11 bankruptcy immediately to prevent losing our house and land because it was an emergency. He explained that filing for bankruptcy would halt any increase in the bank’s attorney fees. He also mentioned that he knew the judge very well that there was a chance that the case could be dismissed, or at worst, the bank could agree to accept a lower amount than the outstanding debt, which had increased from $210,000 to approximately $450,000. Therefore, even in the worst-case scenario, we would only have to pay the bank $300,000 then we could move forward with our lives. Based on this advice, we engaged the services of Giovanni Orantes, who convinced us that filing for bankruptcy was the only way to get rid of this bank from our lives. The attorney’s fee was quoted to be $24,000. However, a few months later, we were informed that the judge could not dismiss our case as it had already been ruled by another judge. We resigned ourselves to the fact that we had been unlucky and waited for the bank to make a deal with us for around $300,000. After filing for Chapter 11, the bank has been relentless in their efforts to oppose and delay any plan we proposed. They even tried to sabotage our attempt to pay them their undeserved and fraudulent attorney’s fees claim. We offered Pacific Western Bank alleged attorney’s fees of $300,000 and $400,000 and later $550,000, but Pacific Western Bank refused to accept any of our offers, so they could claim even more fees and interests. Despite our efforts, the bank claimed we owed them $975,000! and with their considerable power, they managed to convert our Chapter 11 to Chapter 7. It is unclear how the bank came up with the one-million-dollar claim, but unfortunately, they had the power to convince the court that they were right. As a result, they can take away our home and kick us out again from the house we are living in now “Is it possible for your debt to double during the bankruptcy process? How could the alleged debt be allowed to increase while bankruptcy court?” Why file bankruptcy when you are seeking relief and end up owing double the amount from the date you filed bk? We cannot understand what is going on here. The bank’s goal is simple: to steal our home and leave us with nothing. The bank has the power to do that. It is a sobering reminder of the power dynamics at play in the financial world and how difficult it can be for regular people to fight back against big banks. Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 11 of 14 Giovanni Orantes, our BK attorney, initially quoted us a fee of $24,000, but later kept demanding more money. We ended up paying him $120,000, but then he demanded an additional $50,000 all at once in December 2021. We later discovered that he had no intention of helping us confirm a plan, and instead just wanted to keep us paying him as much as possible. It is clear now from the very beginning, he had no interest in helping us and instead sought to profit by deceiving us. We received a court notice requesting an examination of our financial status, which meant that the bank could not seize our house immediately. Instead, if we had explained to the court that the bank had foreclosed on our house illegally, demanded payment for their attorney’s fees, and placed liens on our property, the court may have granted us debt relief. Our current house was not in any danger at that time, but he deceived us. However, Orantes advised us to file for Chapter 11 bankruptcy right away to prevent the bank from taking our house, land even our business and to potentially lose everything. Not only that, if he had been honest with us about the possibility of the bank increasing our alleged debt and his exorbitant fee would be $250,000, we would not have filed for bankruptcy at all. It is disheartening that there are still banks and attorneys like Orantes and Pacific Western Bank free to practice and free to do business. He was just trying to further our debt and unjustly enrich himself, much like Pacific Western Bank has done. He eventually quit but is now demanding an additional $130,000 from us. If he had not insisted that we file for Chapter 11 bankruptcy immediately to prevent the bank from increasing their attorney’s fees and had not convinced us that the debt might disappear or be reduced, and that his fees would be $250,000, we would not have filed for Chapter 11 bankruptcy. Furthermore, when we learned in 2021 that the homestead exemption had changed from $175,000 to $600,000 in 2021, we asked him to file for a dismissal of the bankruptcy. However, he misled us by claiming that once bankruptcy had been filed, it could not be dismissed. We asked him regardless to file to dismiss the bankruptcy, but he repeatedly said no. This was a lie. We just believed him because he was the attorney, the expert. It was a perfect time to request a dismissal when Pacific Western Bank managed to have us denied our election to Chapter 11 Subchapter 5. Despite this, he continued to demand more money while the bank continued to raise their fees. It was only later that we discovered that our attorney was the same as Pacific Western Bank. After the bank converted forcefully Chapter 11 to Chapter 7, a trustee was appointed, and he made some business deals with the bank where he demanded the bank to guarantee him to get paid $175,000. Of course, the court agreed to such business deal arrangements and granted the trustee’s request. If the bank had rejected the trustee’s request or if the judge had denied it, the trustee would have abandoned our property from the estate, allowing us to keep our house. As a result, we would no longer have to worry about being evicted from our current home now. The trustee has demanded our cooperation in selling our home to satisfy the bank’s requirements. It feels like a rushed money-making scheme between the bank and the trustee. In 2009, when we purchased the house that we unfortunately lost in 2014, we believed that we had achieved one of our lifelong dreams after two decades of hard work. For over 15 years, we Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 12 of 14 worked tirelessly seven days a week, from 9:00 in the morning until 10:30 at night. Our dream home was a spacious 4500-square-foot property in a gated community situated on 1.3 acres of land, adorned with more than thirty beautiful oak trees, some of which were over 50 years old. Additionally, there was a seasonal creek located at the back of the property. However, our dream home turned into a nightmare, and it has remained so for the past 10 years. Now we are about to be homeless. The chapter 7 trustee knows potential buyers may not be interested in a property where the owner cohabitates with disabled people, making it difficult to sell the property, as a result, the trustee is requesting the court to remove us from the property along with the disabled residents living with us with the use of the US Marshalls. The trustee’s objective is to remove all of us and sell the house later. The trustee clearly is prioritizing his own financial gain without any fairness to us by removing us forcefully from our home, this will enable him to pocket $175,000 thereby living us and our disabled residents’ homes. When our bankruptcy case was converted from Chapter 11 to Chapter 7 in 2022, the value of our homestead changed from $175,000 to $600,000. However, the trustee overseeing the case was unwilling to grant us more than $100,000 for our homestead. The trustee holds significant power, to the point where we are unable to receive the full value of our homestead. This property is our primary residence, yet we are not receiving the full extent of homestead protection or benefits that should be afforded to us. If we are forced to leave our home once again and thrown onto the street, we will be unable to continue providing care for the individuals around fifty people that we are currently looking after. Many of these individuals are previously homeless and suffer from mental illness. The government needs private funds and people like us to help solve the homeless problem, as government intervention alone has not been able to solve the issue. Even with access to housing, food, and healthcare, recovered addicts often return to the streets due to loneliness. However, if they live in a supportive community where they feel comfortable and connected, they are more likely to stay clean and seek employment. Once they are employed, they will no longer require financial assistance and will be less likely to return to homelessness. We have labored tirelessly to improve our lives in this country and to make a meaningful contribution to society. Yet, if individuals such as us are forced to become homeless, it is inevitable that countless others will find themselves in similar circumstances, leading to a gradual decline in the quality of life in our country. I implore you, do not allow heartless banks like Pacific Western Bank to inflict misery upon people and force them to rely solely on government assistance. As someone who is over 60 years old, I refuse to resign myself to a life of dependency. My aspiration is to continue working until the end of my days. Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 13 of 14 We are requesting the Attorney General to order or direct an investigation in relation to: 1) Pacific Western Bank Dba Coastline RE Holdings Corporation were not legally entitled to attorneys’ fees. Indeed, the claim was brought under the Code of Civil Procedure Section 1161, not on contract, therefore, the court had no power or authority to grant the motion. (See attached Motion to Vacate Orders awarding attorneys’ fees). 2) Pacific Western Bank has lobbied the trustee to have us deny our homeowner homestead exemption which is a right under California constitution. 3) Pacific Western Bank discriminated upon our countries of origin and made it more difficult and ultimately impossible to obtain credit such a loan, a loan extension or a loan modification which led to lose our home back 2014 and to lose our home a second in 2023 to the same bank despite having no loan on the property. 4) The bank committed perjury by repeatedly lying under oath to the court and signed under penalty of perjury claiming that we had fraudulently transferred properties. This is a criminal offense. We did not owe any debts to anyone. 5) Pacific Western Bank foreclosure our home and refuse to give the opportunity to extend, modify or obtain a new loan, and instead demanded we make a balloon payment of the entire loan amount despite such demand being illegal in California because the house was homeowner occupied. 6) When we consulted our loan extension with the bank, they requested that we skip three payments to be eligible for a loan modification. 7) The bank denied a loan modification and reported to the credit bureau that our loan was in default, which hindered our ability to obtain a loan from any other financial institution and that we had no choice but to lose our house to the bank. The bank employed non-judicial foreclosure procedures and initiated legal action against both of us for their attorney’s fees and our guarantor for deficiency. 9) The bank claimed that we did not have a loan with them when the bank sued our loan guarantor for half a million dollars. However, the bank still reported to the credit bureau that we had defaulted on loans. 10)The bank filed a motion for attorney’s fees after the 30-day deadline had passed. Yong C. Kim Brillouet (818) 439-7625 ; firstname.lastname@example.org Pierrick Brillouet (818) 436-9883 ; email@example.com 19222 Roscoe Blvd., Northridge, CA 91324 Page 14 of 14 11)The bank initially filed (paid for) the UD case (attorney’s fees claim) under limited jurisdiction, but after a year and a half, they changed it to unlimited jurisdiction, citing a clerk’s error as the reason. 12)The bank deceived us by instructing us to miss three months of payments, so that they could benefit: a) Filed insurance claim with private mortgage insurer (AIG) and received the full amount of the loan back. b) Collected money from our loan guarantor amounting to half a million dollars. c) Claimed tax credits from the government. d) Sold our house for more than the remaining loan amount, thereby profiting from the sale. 13)The bank did not provide a notice of default or a notice of sale to us. Despite offering to secure the loan with our own assets, including a free and clear house, a piece of commercial land, and my mother’s house, which together amounted to almost one million dollars, the bank refused to provide us with a loan modification or extension. We had believed that our assets were more than sufficient collateral for the loan. If we were not qualified who would be qualified for any loan? 14) Bankruptcy is designed to provide debt relief and a fresh start for debtors who are struggling with unmanageable levels of debt. How is it possible to increase alleged debt from $485,000 to $ 1,000,000 dollars during the bankruptcy? Please act before we are forced onto the streets. I am confident that, under your capable leadership, appropriate measures will be taken to address this matter promptly and effectively. Your commitment to justice and protecting the rights of individuals in our community is deeply appreciated, and I trust that you will give this matter the attention it deserves. I look forward to a positive prompt response and the implementation of actions that will safeguard the well-being of our fellow citizens. Time is of the essence. Thank you for your time and consideration. Yours sincerely, Yong C. Kim Brillouet 818-439-7625 Pierrick Brillouet (Erick) 818-436-9883