- 5 - B. The Redlands Mortgage and the Bogus Encumbrances In 1995, petitioners were general partners (with about a one-third interest) in a California general partnership that owned a 78-unit apartment building in Corona, California. The partnership had used the proceeds of a $3.4 million loan from Redlands Federal Bank to buy the building. By 1995, the value of the building had declined substantially, and the partnership stopped making payments on the Redlands mortgage. On April 29, 1995, Redlands instituted foreclosure proceedings against petitioners and the other partners. Attorney Steven Smith (Smith) represented petitioner in that litigation, which was settled in April 1996. Petitioner owed Smith legal fees of about $41,000 for his representation. During the Redlands litigation, petitioner became concerned that he would become personally liable for the unpaid balance of the Redlands mortgage. Donald Sieveke (Sieveke), a California attorney who specialized in bankruptcy law and who rented office space from petitioner during some of the years in issue, advised petitioner to encumber his assets to avoid having to divest himself of assets if he had to file a petition in bankruptcy. In 1995, petitioners created bogus promissory notes and deeds of trust to make it appear that their properties were encumbered and to protect their assets from creditors such as Redlands Federal. Petitioners executed documents creating: (1) APage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011