Attorney Timothy R. Yueill, partner at The Law Offices of Ira T. Nevel, a law firm in Chicago, IL, attempted to illegally foreclose on my home, pretending to be unaware of my Bankruptcy.
In April 2008 I filed a Chapter 13 Bankruptcy in Chicago to avoid foreclosure. The bankruptcy went through and on July 11, 2008, Indymac was taken over by the FDIC and a moratorium was placed on their mortgages.
On August 3, 2008, I received a Notice of Motion that did not make sense. The court date was for August 6, 2008, in state court, from the Law Offices of Ira T. Nevel and signed by Attorney Timothy R. Yueill. I called my Bankruptcy attorney and he had not received anything. He told me to call Ira Nevel's office and request a copy of the Motion.
I was told by a screener/secretary there that, We can't talk to you because you have a lawyer. She hung up. My attorney told me to appear. He told me to explain that I was pro se and to ask the Judge for an order that I be served with all future pleadings.
Attorney Tim Yueill seemed shocked to see me there. Before the Judge got very far, I started the request that my attorney advised me on and the Judge stopped me. He said this is a simple matter of correcting a Scrivener's error so that the property can be sold. I told him that I was in Bankruptcy. Yueill jumped in to say we had no idea.
I explained to the Judge that I had no idea before this as to what the issue was. Ira T. Nevel's office refused to fax me a copy of the motion. Yueill bristled at refused and handed me a copy of the motion.
The Judge looked at me and said that my lawyer should have contacted their law firm. I told him they had. Yueill requested time to check with his office. Forty minutes later we were back before the Judge and Yueill's explanation was that they knew the bankruptcy was pending but were never notified that it went though.
The Judge clearly caught on to this end run. He asked for the paper I had in my hand, the Notice of Motion. He held it up and told me to watch my mail because there will likely be more like this and advised me to act on it immediately as you have done.
In June 2008, Yueill filed and signed a Withdrawal of Objection to my April 16th bankruptcy and signed it. This was filed with Federal Bankruptcy court. He perjured himself in court and illegally tried to steal my condo; first while I was in Bankruptcy and secondly, three weeks after Indymac's take over and the moratorium on foreclosures.
INDYMAC/ONE WEST BANK DOES NOT CARE!! They will not acknowledge that this took place and I have sent them all the documentation. The people at One West one of the split offs- does not acknowledge this either. So, One West is really Indymac more-of-the-same. Timothy Yueill, Ira T. Nevel, The Law Offices of Ira T. Nevel, and IndyMac F.S.B., now One West Bank, conspired to willfully violate the automatic stay of my Chapter 13 Bankruptcy in an attempt to illegally circumvent federal law and steal my home.
The most disturbing part of this is that they tried to steal my home while under direct control and receivership of the FDIC. This bailout was funded by tax paying Americans; we funded the rescue of IndyMac.
God knows how many other people IndyMac, One West Bank, Ira T. Nevel and Timothy R. Yueill have done this to.
I have filed a complaint with the Illinois Attorney Registration & Disciplinary Commission (www.iardc.org) against Timothy R. Yueill, Ira T. Nevel and The Law Offices of Ira T. Nevel. This is the governing body that licenses lawyers in the state of Illinois.
If either of these lawyers have done this to you, please gather the documentation (e.g., filed motions, electronic receipts of Ch. 13 filings, etc.) of what happened and lodge a complaint today. I am assuming that they have done this to other people, if you are one of those people, file a complaint and help make sure that Timothy R. Yueill and Ira T. Nevel never get away with this again.