This website is in no way affiliated with Ahron Zilberstein, nor has he authorized the publication of ahronzilberstein.com. This website provides information, research and education about mortgage fraud and unlicensed mortgage consultation services. This website further provides information regarding Ahron Zilberstein's unethical business practices as outlined in the legal pleadings referenced herein below. The excerpts and lawsuits listed below, and on this website in general, are for purposes of research and education only, and are not meant as representing conclusive findings of the conduct as alleged therein.
E & N FINANCIAL SERVICES V. HAGHNAZARZADEH, LASC CASE NO. BC547869
On January 8, 2016, in Department A of the Van Nuys courthouse, Judge Cotton granted sanctions pursuant to a CCP 128.7 motion in the amount of $25,000.00 against attorney Wilfred Killian and his client E & N Financial (which is the dba for Ahron Zilberstein) (See Exhibit A hereto, tentative ruling adopted by the court on 01/08/16). In that ruling, the court further noted that it had already sanctioned attorney Wilfred Killian and his client E & N Financial $5000.00 just 3 weeks prior (See Exhibit B in link below, tentative adopted by court 12/14/15).
The basis of aforesaid CCP 128.7 motion was that,
"Defendant moves on the grounds that E & N Financial and its attorney have committed fraud upon this Court by knowingly and intentionally filing a frivolous complaint in furtherance of their scheme to use the court to defraud defendant. Defendant alleges this case is part of a larger scheme by Ahron Zilberstein and his related companies to delay transfer of the property and cloud the title. Zilberstein's agenda, according to defendant is to force defendant to sell the property back to Zilberstein at a steep discount"(See Exhibit A, pg. 3, para. 2-3, see link below)
KASPI V. COUNTY OF LOS ANGELES, LASC CASE NO. LC099889
On the same day, January 8, 2016, in Department A of Van Nuys courthouse, Judge Cotton also granted sanctions pursuant to another CCP 128.7 motion in the amount of $15,000.00 against attorney Stephen Feldman and his client Rinat Kaspi (an employee of Ahron Zilberstein) (See Exhibit C hereto, tentative ruling adopted by the court on 01/08/16). In that ruling, the court further noted that it had already sanctioned attorney Stephen Feldman and his client Rinat Kaspi $8700.00 just 3 weeks prior (See Exhibit D in link below, tentative adopted by court 12/14/15).
The basis of aforesaid 128.7 motion was that,
"The grounds for the motion are that the Kaspis and their attorneys have committed fraud upon the court by knowingly and intentionally filing a frivolous complaint. Defendant alleges that this action is part of a larger scheme by E & N and its principal Ahron Zilberstein to extort the property from Mr. Haghnazarazdeh. The Kaspis were schills according to Defendant. The scheme involved abuse of the legal system by way of filing frivolous cases, lis pendens and bankruptcy actions so as to halt thetransfer of the property purchased by Haghnazarazeh" (See Exhibit C, pg. 2, para. 5-6, see link below)
The combined total amount of sanctions on the above separate but related cases was $53,700.00. Unfortunately, Judge Cotton declined to refer attorneys Wilfred Killian and Stephen Feldman to the State Bar, taking the somewhat fatalistic view that,
"The court has made clear what its thinking of these litigation tactics and a reprimand seems futile, especially where there is evidence to suggest that plaintiff's attorney (Wilfred Killian) has been suspended from the practice of law in a different jurisdiction" (See Exhibit A, pg. 8)
*[It should also be noted that Attorney Stephen Feldman was also suspended from the practice of law in California in 2014 for a felony conviction relating to mortgage fraud].
CLICK ON LINKS BELOW TO VIEW COURT RULINGS
EXHIBIT A-https://www.dropbox.com/s/tz5gyqz6r0ix677/Sanctions-127%20motion-2500000.pdf?dl=0
EXHIBIT B-https://www.dropbox.com/s/h9dd58dhjin2lcw/Sanctions-Demurrer-5000.00.pdf?dl=0
EXHIBIT C-https://www.dropbox.com/s/pyp2ozpa219hbhd/Sanctions-1287%20motion-1500000.pdf?dl=0
EXHIBIT D-https://www.dropbox.com/s/s3adcprcuj6xg83/Sanctions-Demurrer-8700.00.pdf?dl=0
AHRONZILBERSTEIN.COM
Ahron Zilberstein owns and operates E & N Financial Services and Development, a company that allegedly "assists" distressed real property owners avoid foreclosure. In the process of this mortgage "assistance", Ahron Zilberstein has formed dozens of legal entities in which to transfer ownership interest in the distressed properties, where after bankruptcies are filed in order to frustrate creditors and lenders. In implementing the foregoing strategy, Zilberstein uses four attorneys-Mark Goodfriend, Wilfred Killian, Stephen Feldman and William Brownstein. These attorneys names will appear repeatedly in the lawsuits referenced herein. Both Ahron Zilberstein and E & N Financial Services and Development have been the subject of dozens of lawsuits across southern California. Below are excerpts from a few of these lawsuits, along with links to the actual pleadings. This website is by no means meant to be all inclusive of the multitude of litigation involving Ahron Zilberstein and his various entities.
RONALD MATTSON v. AHRON ZILBERSTEIN, CHRISTIAN SPANHOFF, LASC CASE NO. SC119357, filed 11/20/13
Below are excerpts from the complaint filed in the above referenced matter.
"23. CROSS-COMPLAINANTS are informed and believe and based thereon allege that, as will be more fully alleged herein, for the past several years ZILBERSTEIN, through a network of fronts, straw companies, and co-conspirators including his wife, Defendant Vardit Zilberstein, and professionals such as attorneys and real estate brokers, has preyed upon distressed real property owners, offering them false relief from their debt and impending foreclosure sales. ZILBERSTEIN, through his front, Defendant E & N FINANCIAL SERVICES, INC. (“E&N”), would (and still does) solicit illegal advance fees from distressed real property owners in exchange for his promise to obtain loan modifications, “short sales,” and/or postponements of foreclosure sales. Once retained, ZILBERSTEIN would utilize his network of co-conspirators to file sham bankruptcies, and provide false valuation and market information to lenders until he had distressed a property to the point where he was able, through one of his almost 20 straw companies, to purchase the distressed property from the lender at a substantial discount. Through this scam (and its variations), ZILBERSTEIN, and his co-conspirators, have cheated countless hard working real property owners (including PLAINTIFFS) out of their money and properties, leaving them with virtually nothing but the cloths on their backs." (COMPLAINT, pg. 6, paragraph 23, see link to complaint below)
RONALD MATTSON COMPLAINT- https://www.dropbox.com/s/tdrt5c96aqn7svz/Spanhoff%20v%20Matson.pdf?dl=0
IN RE OJ GENERAL PARTNERSHIP, FEDERAL BK COURT NO. 2-11-BK-12, filed 01/01/12
Below are excerpts from the declaration of attorney Holly Walker, filed in the above referenced bankruptcy proceeding initiated by one of ZILBERSTEIN's entities. Ms. Walker's declaration is a treatise on the how Ahron Zilberstein transfers interest to various straw entities and sequentially files bankruptcies in order to frustrate creditors, typically using attorneys William Brownstein and Mark Goodfriend to file the bankruptcies.
"13. I am informed and believe and based thereon allege that just a few days before the foreclosure sale, E.N. Financial Services & Development, Inc., by and through Ahron Zilberstein, recorded a grant Deed on December 14, 2010, purportedly transferring fractional interests in the property as follows: an undivided 25% interest to N.H. Simpson Partnership (of which Ahron Zilberstein is a 99% General Partner and Charles Miseroy is a 1% General Partner), 25% to the Debtor OJ General Partnership, 25% to EM Partnership and finally, 25% back to EN Financial Services and Development Inc." (DECL. OF HOLLY WALKER, pg. 4, paragraph 13, see link to document below)
"20. I am further informed and believe and based thereon allege that the transfer from EN Financial Services & Development, IN.c, of 100% of its interest to inter-related entities: N.H. Simpson Partnership in the undivided amount of 25% , the debtor r OJ General Partnership in the undivided amount of 25%, Em Partnership in the undivided amount of 25%, and itself in the amount of 25% was not in good faith and was made with the intent to hinder, delay and defraud, secured creditor Maurice Kraiem as set forth in more particularity below."(DECL. OF HOLLY WALKER, pg. 5-6, paragraph 20, see link to document below)
DECLARATION OF HOLLY WALKER - https://www.dropbox.com/s/oknuel8htc4fcyf/Holly%20Walker%20decl.pdf?dl=0
GREGORIO LOPEZ v. AHRON ZILBERSTEIN, VARDIT ZILBERSTEIN, E & N FINANCIAL SERVICES AND DEVELOPMENT, INC., LASC CASE NO. BC607815, filed 01/21/16
Below are excerpts from the complaint filed by a former employee of Ahron Zilberstein.
"23. ...Defendant ZILBERSTEIN explicitly admitted to Plaintiff that he feared being audited by the Employment Development Department because he was paying Plaintiff in cash. Plaintiff is informed and believes, and based thereon alleges, that Defendant were paying most of their employees in cash and misclassifying such employees as independent contractors.
.....
25. During the latter part of his employment with Defendants, Plaintiff was asked to participate in actions which would amount to insurance fraud, as Plaintiff was asked to perform construction work on job sites for the purpose of making fraudulent misrepresentations to insurance companies. Plaintiff routinely refused to engage in such work and complaint that such actions were unethical."(COMPLAINT, pg. 6, paragraphs 23 & 25, see link to complaint below)
LOPEZ COMPLAINT - https://www.dropbox.com/s/f29xqq1cq8pwmtq/Gregorio%20Lopez%20v%20Zilberstein.pdf?dl=0
OCTAVIA R. PINA v. E & N FINANCIAL SERVICES AND DEVELOPMENT, FEDERAL BK NO. 8:13-bk-12037-ES, filed 12/04/13
Below are excerpts from the above referenced adversary proceeding regarding the falsification of documents by E & N Financial Services and Development.
"11. In fact, Plaintiff is informed and believes and thereon alleges that E & N was not assigned the Subject Note and Subject Deed of Trust as claimed by E & N and Tthat E & N does not have and never had any right to payment on the subject notes. Plaintiff's information and belief is based upon the following:
a. On May 6, 2013, E & N filed a proof of claim claiming to be the holder of the Subject note. As part of that claim and its related motion for relief from stay, E & N has filed with the Court fabricated documents which it represented are true and correct copies of orinigals. Debtor has in his own files copies of the documents that he signed in year 2006 that are different from the copies that E & N filed with the Court. While at first glance the signatures in Debtors copies and the signatures in the documents that E & N filed with the Court "look alike" upon close examination it is easy to tell that the signatures are far from being identical. Furthermore, the location of the signature(s) within the pages varies greatly; some are right on the signature line and some well above the signature line, some are further to the left and some are further to the right. E & N's documents are bogus, manufactured documents and E & N does not hold the original Subject Note.
b. Plaintiff has obtained the report of document examiner Mike Wakshull, MS, CQE. Mr. Wakshull's findings are that the exhibits in Docket No. 99 and in support of E & N's claim are all the result of extensive and deliberate digital alterations." (PINA COMPLAINT, pg. 3-4, paragraph 11, see link to complaint below).
PINA COMPLAINT - https://www.dropbox.com/s/mt64wo0i2ufa37h/Pina%20v.%20E%20%26%20N.pdf?dl=0
CITY GLATT, et. al. v. AHRON ZILBERSTEIN, VARDIT ZILBERSTEIN, WILLIAM BROWNSTEIN, MARK GOODFRIEND, et. al., LASC CASE NO. BC 503885, filed 03/26/13
The following are excerpts from the complaint filed in the above referenced matter.
"1. As will be more fully alleged herein, for the past several years Defendant AHRON ZILBERSTEIN (“AHRON ZILBERSTEIN”), through a network of fronts, straw companies, and co-conspirators including his wife, Defendant VARDIT ZILBERSTEIN (“VARDIT ZILBERSTEIN”), and professionals such as attorneys and real estate brokers, has preyed upon distressed real property owners, offering them false relief from their debt and impending foreclosure sales. AHRON ZILBERSTEIN, through his front, Defendant E & N FINANCIAL SERVICES, INC. (“E&N”), would (and still does) solicit illegal advance fees from distressed real property owners in exchange for his promise to obtain loan modifications, “short sales,” and/or postponements of foreclosure sales. Once retained, AHRON ZILBERSTEIN would utilize his network of co-conspirators to file sham bankruptcies, and provide false valuation and market information to lenders until he had distressed a property to the point where he was able, through one of his almost 20 straw companies, to purchase the distressed property from the lender at a substantial discount. Through this scam (and its variations), AHRON ZILBERSTEIN, and his co-conspirators, have cheated countless hard working real property owners (including PLAINTIFFS) out of their money and properties, leaving them with virtually nothing but the clothes on their backs." (COMPLAINT, pg. 2, paragraph 1, see link to complaint below)
City Glatt Complaint- https://www.dropbox.com/s/aviv3qlvadbk5a0/City%20Glatt%20v%20Zilberstein.pdf?dl=0
E & N FINANCIAL SERVICES AND DEVELOPMENT v. YURY VOLODINSKY, CCP 128.7 MOTION FOR SANCTIONS AGAINST E & N FINANCIAL AND ATTORNEYS STEPHEN FELDMAN AND WILFRED KILLIAN, Los Angeles Superior Court Case no. BC550501, filed 09/16/15.
Below are excerpts from the above referenced motion which describe the conduct of Ahorn Zilberstein therein.
"For decades, Ahron Zilberstein has abused the judicial system in order to defraud an untold number of innocent victims. He has lied under penalty of perjury and submitted false pleadings to the courts with impunity. Up to this point Zilberstein has successfully evaded punishment by hiding behind sham entities and unscrupulous attorneys, who are willing to aid him in perpetrating his fraud in order to line their own pockets." (See Motion, pg. 1, ln.s 4-9, click on link below)"
" Unfortunately, the Chen's experience with Zilberstein is not unique, and the Court dockets are littered with cautionary tales of Zilberstein's deception, such as Zilberstein's scheme to defraud Deok Yoon, a Korean immigrant, out of $135,000.00 in yet another loan modification scheme perpetrated by Zilberstein.
As one would expect of someone as unscrupulous as Zilberstein, he surrounds himself with crooked attorneys, and this case is no different. Unsurprisingly, all of Zilberstein's attorneys involved in or related to this case have been suspended from the practice of law for committing acts of moral turpitude, and in the case of two out of three, felonies. Wilfred Killian was suspended for committing perjury with regards to his bar application. Stephen Mark Feldman was suspended for felony foreclosure fraud and co-mingling client trust funds, and William Brownstein (Zilberstein's bankruptcy attorney) was suspended for felony tax fraud." (See Motion, pg. 2, lines 1-10, click on link below)
CCP 128.7 Motion, click here to view -https://www.dropbox.com/s/5o0fyah45ytf353/1287%20motion%20by%20Schwimer.pdf?dl=0
ALBERTO NINO JIMENEZ, et. al. v. AHRON ZILBERSTEIN, LASC CASE NO. BC 535709, filed 02/07/14
The following are excerpts from the complaint filed in the above referenced matter.
"The Mechanics of AHRON ZILBERSTEIN's Fraudulent Scheme, In General
20. As alleged above, Ahron (Zilberstein) scam begins when he identifies a real property owner in distress, or who trusts him so completely that he/she will do whatever Ahron wants.
21. Next, on information and belief, Ahron, or one of his alter egos approaches the distressed real property owner, and promises to help obtain a loan modification and/or avoid foreclosure in exchange for an illegal up-front and/or monthly fixed fee, as well as a percentage of any saving to the homeowner should a loan modification be accomplished.
22. Once the unsuspecting homeowner retains E & N, on information and belief, Ahron or one of his alter egos begins collecting advance fees and Ahron and/or one of his agents and/or employees, compels the homeowner to sign multiple documents without allowing the homeowner to review the documents and/or explaining to the homeowner the ramifications of the document signed. On information and belief, these documents consist of grants of power of attorney by the homeowner to E & N, notes purporting to be between the property owner and E & N, liens against the homeowner's property in favor of E & N, transfers of title of the property to various sham entities (usually partnerships), listing agreements for STAR CAPITAL REALTY to list the property on the MLS, attorney retainer agreements for the Brownstein APC and/or other attorneys involved in the scam, and/or other documents as will be shown according to proof.
..........
27. On information and belief, eventually the lender, after facing multiple sham bankruptcies and having received nothing but SHAM OFFERS, accepts one of the SHAM OFFERS and AHRON, through one of his SHAM LLC's, is able to purchase the property literally out from underneath the homeowner at a substantial discount from the then market value." ( COMPLAINT, pg 5, paragraph 20 through pg. 7, paragraph 27, see link to complaint below)
JIMENEZ COMPLAINT - https://www.dropbox.com/s/e6go0rcf7d0eahu/Jimenez%20v%20Zilberstein.pdf?dl=0
IN RE BANKRUPTCY OF HAIM MALKA, filed 10/12/15
Below are excerpts taken from an Objection To Bankruptcy Plan filed in the above reference matter, that gives a detailed analysis of how the "bankruptcy mill" operates in relation to E & N Financial. What is evident is that many bankruptcies are filed repeatedly for the same individuals and/or entities that are associated with Ahron Zilberstein and E & N Financial, and all filed by the same attorneys, William Brownstein and Mark Goodfriend (and his associate Rachel Ruttenberg).
"Zilberstein owns and operates E & N Financial Services, Inc., a company that solicits illegal advance fees from distressed real property owners, both commercial and residential, in exchange for Zilberstein’s promise to obtain loan modifications, “short sales” and/or postponements of foreclosure sales. After being retained, Zilberstein would vest aforesaid distressed properties into several different partnerships and/or LLCs, and thereafter sequentially file bankruptcies on all of them utilizing his network of attorneys [William Brownstein, Mark Goodfriend and Rachel Ruttenberg] to file the sham bankruptcies, in order to delay foreclosures and force lenders and/or creditors into settlements. In most instances, the property owners would be stripped of their ownership of the properties by unknowingly signing sales agreements prepared by Zilberstein and his attorneys. None of the aforesaid bankruptcy filings are ever completed.
The hallmark of much of the above referenced litigation is that attorneys William Brownstein, Mark Goodfriend and Rachel Ruttenberg act in concert and interchangeably, i.e. William Brownstein will file a BK, then dismiss, then Goodfriend will file the next BK for the same party and dismiss, then Brownstein will file the third BK for the same party and dismiss, etc. Below is a list of bankruptcies filed by William Brownstein, Mark Goodfriend and Rachel Ruttenberg on behalf of Zilberstein, his entities and his associates, over the last five (5) years which evidences the bankruptcy scam and the “interchangeability” of attorneys William Brownstein, Mark Goodfriend and Rachel Ruttenberg in the bankruptcy filings. In each bankruptcy filing below, Zilberstein, Vardit Zilberstein (his wife and “business partner”) and/or E & N Financial Services are listed as creditors, usually holding second and third deeds of trust:
Entity/Individual BK type Filing date Attorney Completed/discharge
13 Partnership 7 06/29/11 William Brownstein No
13 Partnership 7 10/31/11 William Brownstein No
13 Partnership 11 05/14/12 Goodfriend/Ruttenberg No
10919 Van Owen 11 04/14/10 William Brownstein No
Partnership
10919 Van Owen 11 04/08/11 William Brownstein No
Partnership
10929 Van Owen 11 07/12/11 William Brownstein No
Partnership
Joy Investment 11 04/06/09 William Brownstein No
Group*
Joy Investment 11 03/28/11 William Brownstein No
Group*
Joy Investment 11 06/20/11 William Brownstein No
Group*
OJ General 11 05/16/11 Goodfriend/Ruttenberg No
Partnership
OJ General 11 10/07/11 Goodfriend/Brownstein No
Partnership
JSK Partnership 7 07/12/12 Goodfriend/Ruttenberg No
JSK Partnership 7 08/06/12 Goodfriend/Brownstein No
NH Simpson 11 12/20/10 William Brownstein No
Partnership
NH Simpson 11 04/10/12 Goodfriend/Ruttenberg No
Partnership
82 Sunset Canyon 7 06/02/11 Goodfriend/Ruttenberg No
Partnership
Joseph Galandeynes 13 10/21/09 Goodfriend/Ruttenberg No
Joseph Galandeynes 13 01/14/10 Goodfriend/Ruttenberg No
Joseph Galandeynes 13 07/02/10 William Brownstein No
Joseph Galandeynes 13 08/16/10 William Brownstein No
Joseph Galandeynes 13 09/15/10 Goodfriend/Ruttenberg No
49 Woodman 11 08/19/12 Goodfriend/Ruttenberg No
Partnership**
54 Woodman 11 02/08/11 William Brownstein No
Partnership**
54 Woodman 11 10/04/11 William Brownstein No
Partnership**
54 Woodman 7 03/27/12 Goodfriend/Ruttenberg No
Partnership**
KI Partnership 7 03/01/09 William Brownstein No
KI Partnership 7 12/21/09 William Brownstein No
Oakdale 1 7 05/04/10 William Brownstein No
Partnership
701 Mariposa 11 08/18/11 Goodfriend/Ruttenberg No
Project LLC
701 Mariposa 11 02/16/12 Goodfriend/Brownstein No
Project LLC
10 NB Partnership 11 03/27/14 William Brownstein No
YOD Partnership 11 10/04/13 William Brownstein No
12 Chandler 7 01/24/11 William Brownstein No
Partnership***
55 Bluebell 7 06/29/11 William Brownstein No
Partnership***
14520 Hesby LLC 11 02/14/14 William Brownstein No
82 Sunset Canyon 7 02/07/11 William Brownstein No
Partnership
82 Sunset Canyon 7 06/02/11 Goodfriend/Ruttenberg No
Partnership
BNI Partnership 7 01/04/10 William Brownstein No
11848 Morepark 7 08/01/11 Goodfriend/Ruttenberg No
Partnership*
Esther Elkouby aka 13 11/03/11 Goodfriend/Ruttenberg No
Esther Malka****
13 Aetna 7 07/16/12 Goodfriend/Ruttenberg No
Partnership****
Esther Elkouby aka 13 09/27/12 Goodfriend/Ruttenberg No
Esther Malka****
* Connected and/or partners with 11848 Morepark Partnership
**Partnerships connected to the same real property
*** Partnerships connected to the same real property
.......
Attached hereto as Exhibit 1 is a PACER print out for bankruptcies filed by William Brownstein over the last ten years, which evidences that, out of One Hundred Forty Seven (147) Chapter 11 and 13 bankruptcies filed by Brownstein, only five (5) were completed.
Attached hereto as Exhibit 2 is a PACER print out for bankruptcies filed by Rachel Ruttenberg over the last ten years, which evidences that, out of Forty Seven (47) Chapter 11 and 13 bankruptcies filed by Ruttenberg, none were completed. Also disturbing is that out of thirty nine (39) Chapter 7 filings by Ruttenberg, only nine (9) were completed/discharged .
Attached hereto as Exhibit 3 is a PACER print out for bankruptcies filed by Mark Goodfriend over the last ten years, which evidences that, out of fifteen (15) Chapter 11 and 13 bankruptcies filed by Goodfriend, none were completed (note some of Goodfriend’s bk filings overlap with Ruttenberg’s filings as they are from the same office." (OBJECTION TO PLAN, pg.s 3-7, see link to document below)
OBJECTION TO PLAN - https://www.dropbox.com/s/eytieg8w6jd1nl2/OBJ.%20TO%20PLAN.pdf?dl=0
ERIC & DEBORAH CHEN v. AHRON ZILBERSTEIN, 14520 HESBY LLC, Orange Court Superior Court Case No. 30-2013-00630523-CU-FR-CJC, Filed 02/14/13
Below are excerpts from the complaint filed in the above referenced matter. It should be noted that, as horrible as the allegations are in this complaint and the subsequent eviction from their own home by Zilberstein, Plaintiffs were lucky enough to find an attorney to take their case, and ultimately Zilberstein was forced to settle the above referenced lawsuit for $450,000.00.
"3. While the Plaintiffs were in foreclosure and prior to the Notice Of Sale, Defendant ZILBERSTEIN was introduced to Plaintiffs in or about December of 2011. Plaintiffs dealt directly with Defendant ZILBERSTEIN on a number of occasions. Defendant ZILBERSTEIN came to see the Subject Property while the foreclosure sale was pending. At that time he made the following representations to Plaintiffs:
a) That he would stop the pending foreclosure sale;
b) That he would pay Bank of America arrearages of approximately $200,00.00 to be current so that the foreclosure would be stopped;
c) That he would pay the delinquent property taxes;
d ) In exchange for doing so, Plaintiffs would deed the property to one of his LLCs;
e ) The Plaintiffs could reside in the property for one year and purchase it back at the end of that year by excercising an option to pay him $600,000.00 .(COMPLAINT, pg. 3-4, paragraph 13, see link to complaint below)
"21. On or before January 9, 2013, Plaintiffs exercised the option to purchase the property back. However, based upon information and belief, the above-referenced lawsuit is pending and Defendants had no intention of complying with the representations they made to Plaintiffs to save their property and return it to them. In fact, not only did Defendants not save their property, but as herein below alleged, it was Defendant's intent from the very beginning to deprive Plaintiffs of their property based upon representations that they would "save Plaintiffs from foreclosure". (COMPLAINT, pg. 5-6, paragraph 21, see link to complaint bellow)
CHEN COMPLAINT- https://www.dropbox.com/s/u9vpu43c05ip92e/Eric%20and%20Deborah%20Chen-Decl..pdf?dl=0
The following are excerpts from the Declaration Of Eric Chen, plaintiff in the above entitled action.
"10. Zilberstein did not pay the arrearage, bring the taxes current, or do any of the other things promised. Rather, Zilberstein merely obtained an extension of the Trustee's Sale, and filed suit against the lender in July 2012. We tried to get investors to raise the money for the $600,000.00 fee. We told Joseph Safran that we had someone who would help us pay the $600,000.00, but we needed to obtain the outstanding loan balance. Safran would not provide the information, and when we attempted to contact the loan services, we were "locked out" from the information. concerned we would lose the Home, we exercised the option to buy back the Home on January 9, 2013, which Zilberstein immediately refused to honor, and instead immediately the next day filed an unlawful detainer action, and evicted us from our home, obtaining a judgment for possession on January 30, 2013.
11. I had to live in my car and in a warehouse to stay off the street, and my spouse and our children found refuge in a warehouse under construction without a kitchen and then a church shelter. We were virtually made homeless by Zilberstein." (CHEN DECLARATION, pg. 6, paragraphs 10-11, see link to declaration below)
CHEN DECLARATION - https://www.dropbox.com/s/u9vpu43c05ip92e/Eric%20and%20Deborah%20Chen-Decl..pdf?dl=0
This particular victim had a rare happy ending, as Ahron Zilberstein ultimately paid a settlement to the Chen's in the amount of Four Hundred and Fifty Thousand Dollars ($450,000.00) Below are excerpts from the settlement. Thus for those of you who are victims, not all hope is lost and you can fight back.
" a. No Later than May 30, 2015, Ahron Zilberstein will pay the Chen's for tort damages Four Hundred and Fifty Thousand Dollars, which has been paid;
b. Provided that the payment has been made as referred to above, the Chen's will cause the Action to be dismissed.
.......
11. As part of the settlement no funds will be paid by the Debtor (14520 Hesby LLC) nor is it required as part of the settlement, and ALL settlement funds are paid by Ahron Zilberstein, Debtor's managing member"
(SETTLEMENT AGREEMENT, pg. 3, paragraphs 8-11, see link to settlement agreement below)
SETTLEMENT AGREEMENT - https://www.dropbox.com/s/3v3gk3mm3wv26q1/Chen-settlement%20agreement.pdf?dl=0