Dear Attorney Regulation Counsel,
Dear Attorney Regulation Counsel, June 21, 2012
My name is Mary Starosta, I am a Real Estate Agent, a Potter, and a Homeowner in Douglas County, Colorado. I understand that becoming a Licensed Attorney requires many years of difficult studies, and successful completion of a grueling state-administered bar exam. The Colorado Supreme Court has established HIGH STANDARDS or ethics for attorneys. These standards of rules and professional conduct are in (Vol 12 Colorado Revised Statues Chapter 20) and Appendix to Chapters 18-20.
It is with this UNDERSTANDING, that I bring a COMPLAINT regarding Alleged Unethical Conduct to your attention. I am asking this 9-member Attorney Regulation Committee, and an Office of the Presiding Disciplinary Judge to review my concerns.
The Law Office of Michael P Medved,P.C.
355 Union Blvd.
Suite 302
Lakewood, CO 80228
Phone 303-274-0155
Fax 303-274-0159
Reg BAR NO 14669
1. On January 10, 2012 the Law Office for Michael Medved filed a NED (Notice of election and Demand for sale by Public Trustee) Public Trustee No. 2012-0035 This was the Second Filing by this office (MEDVED) The First NED was on 5/21/2009 Public Trustee 2009-0986
A. Petitioner’s Exhibit 1, and 2 Provided to the Douglas County District Court, The Honorable Judge Paul King on May 11,2012
B. Rule 120 Hearing DENIED in COURT Filed May 11,2012 2:56pm Filing ID 44211775 CASE 2012 CV 000415
C. Violation of Judges’ Order Filed with the Court on May 29,2012
D. Discharged Bankruptcy Chapter 7 Case No 08-29121-SBB Dated 3/10/2009 Honorable Judge Sidney B. Brooks
E. Judge Brooks ordered that relief from stay for limited purpose of the parties communicating regarding a LOAN MODIFICATION AGREEMENT be granted effective May 15,2009
F. Loan Modification Recorded with the UNITIED STATES OF AMERICA SECERATARY OF HOUSING AND URBAN DEVELOPMENT.
G. Filings in Court making MEDVED aware of a loan Modification.
H. Loan Modification Requirements per HUD Regulations for FHA INSURED LOANS.
Page 2
The Law Office of Michael P Medved, “KNEW” or should have known that their “CLIENT” recorded a Loan Modification with the USA SEC of HUD. Even if they were
not aware, at some point, between 2008 and May 11, 2012, they “SHOULD” have asked their Client this question “DID YOU EVER DO A LOAN MODIFCATION WITH THIS HOMEOWNER?” This DEBT collections Group choose to ignore the fact that they were representing FRAUD by presenting an Adj note and Deed of Trust. Had I not filed a response to the RULE120, this would have been a WRONGFUL FORECLOSURE. I had a FHA INSURED mortgage, their client would have made an insurance claim to HUD, been PAID and Made WHOLE, given the title back to HUD to sell.
Leo C Stawiarski,Jr. CEO
LCS Financial
6782 South Potomac Street
Suite 100
Centennial, CO 80112
Phone 720-212-0375
Reg BAR No 13823
1. LCS Financial represents OLD REPUBLIC INSURANCE as a DEBT collector. On 4/13/2009 (filing 2009026004) and 5/14/2009 (filing 2009032625) an “ASSIGNMENT” from Compass Bank to Old Republic was filed in Douglas County Clerk and Recorder.
a. The Assignments Filed at Chapter 7 Discharge on 3/10/2009
b. For 3 years, this Debt Collection agency has been after me, implying that I owe. Letters From LCS Financial
c. VIOLATION OF PERMANENT INJUNCTION,
d. Securities Act of 1933 Release No. 9318/May 1,2012
e. VISA Credit Card unsecured Debt discharged on 3/10/2012 per Chapter 7 Bankruptcy
f. McClure V Bank of America Adv No 08-4000 (bankr. ND Tex 11/23/2009) CASE 0743036 (DML).
Leo C Stawiarski JR. is the CEO for LCS Financial and their office is in direction VIOLATION of a PERMANENT INJUNCTION. For 3 years, the have implied that what was Discharged Debt (HELOC on a VISA) I still owed. Further more for 3 years they have refused to REMOVE the DEED of TRUST on my property regarding this discharged debt. Violation of SEC 5249(a)(2) and (3) of the bankruptcy code, it operates as an INJUNCTION against an “ACT” to collect a debt as personal liability of the debtor.
Page 3
Per Honorable Judge Brookes “IF you buy goods using a Visa or MasterCard credit provided by a lender other than the Seller you get FREE and CLEAR title to the goods even if you discharge your liability on the credit card free and clear of ANY SECURITY interest in Favor of the Seller.” My understanding in Court was that this HELOC was considered UNSECURED DEBT for that very reason and that was why it was unsecured debt even though there was a posted Deed of Trust on my property, it was forgiven in my Chapter 7 discharge as both personal liability and also UNSECURED.
Further more, the Loan modification that PNC BANK has completed and recorded with the UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT, has included the 2nd mortgage of Compass Bank by extending the terms of the loan to include 9 more years.
When Attorneys enter the practice of law, they take an OATH to uphold the law and to follow the standards of ethics established by the Colorado Supreme Court. An Attorney who violates the law and/or those standards is subject to discipline. I believe my concerns are SERIOUS VIOLATIONS, that these attorneys could face suspension of their license to practice law or disbarment.
I do not know if this proceeding can “GRANT” me Quiet Title, but that is my request. The violations between these 2 debt collectors have stressed me out since 2008. I have tried repeatedly to come to an understanding between my lender, Medved and LCS Financial. I have been in court as a DEFENDANT 2 x’s now both in Denver with the Honorable Judge Brookes and Douglas County with the Honorable Judge Paul King.
Sincerely,
Mary Starosta
5362 E Sandpiper Ave
Castle Rock, CO 80104
Cell 720-271-7523
Work 303-688-2202
CERTIFICATE OF SERVICE
I certify that on June 21,2012 the original was filed with this office and a true and accurate copy of this was delivered to both parties through the United States Post office.
To the Addresses contained in this Letter.
Mary A Starosta Signature
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