GOING AFTER THE NOTARY, STEP BY STEP IN CALIFORNIA AND ARIZONA

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LOW HANGING FRUIT FOR HOMEOWNERS TO ATTACK

QUALIFICATIONS OF THE SO-CALLED “SUBSTITUTE TRUSTEE”

EDITOR’S NOTE: My experience in business and law over the last 44 years has repeatedly taught me and reminded me that it is the small stuff that gets you every time. Skipping steps and negligence is a fact of life and human nature. In this case the banks made it an art form.

The answer usually is right in front of your face. If the substitution of trustee can be attacked successfully the foreclosure falls on its face. Judges may not like the whole “authority” and “Securitization” issue because frankly it takes them too long to understand it and they still assume the banks wouldn’t lie directly to the judge’s face, an assumption that is just plain wrong.

But if you show that the express and very specific requirement of statute were not met in the execution of the substitution of trustee, then the Judge cannot ignore it. It takes some digging so either hire someone or do the work yourself which is why I am publishing the work as it goes along.

Attorneys and pro se litigants take note: ATTACK THE SUBSTITUTION OF TRUSTEE using all grounds available but by all means lead with the violation of  the technical requirements of statute.

You can argue, correctly in each state, that those are not just technical. Because the clerks’ offices and the public are going to rely on these documents in the recording offices and in the marketplace it is essential for everyone to have confidence in the system — that is the reason for notaries.

The Banks would have you believe that a notary is to provide the appearance of authenticity. Legislators and Judges will tell you that the reason for notaries is to assure that the document is actually authentic. And showing a pattern of conduct in which the notaries, the signatures and the documents are not reliable will show a system risk to the marketplace that can only be addressed through RICO.

FROM SALLY BURKE, OUR ARIZONA LICENSED DOCUMENT PREPARER AND EXAMINER:

here is an excerpt from California Notary Law Handbook.  We all know that ARS 33-804(D)  requires  ” Notice of substitution of trustee shall contain a description of the basis for the successor trustee’s qualification pursuant to section 33-803, subsection A.  A notice of substitution of trustee shall be sufficient if acknowledged by all beneficiaries under the trust deed OR THEIR AGENTS AS AUTHORIZED IN WRITING and if prepared in substantially the following form”

Ms. Pamela Campbell ACKNOWLEDGED on the Substitution of Trustee as Assistant Secretary of MERS  (agent).  She better have something in writing evidencing she was an authorized AGENT OF MERS, at the time she signed this document,  and the notary MS. RHONDA RORIE better have something her journal acknowledging she witnessed evidence of such authorization.

Here is the excerpt from California Notary Law Handbook regarding acknowledgment on a document:

The notary public sequential journal must contain a statement that the identity of a person making the acknowledgment or taking the oath or affirmation was based on satisfactory evidence. If identity was established based on the oath of a credible witness personally known to the notary public, then the journal must contain the signature of the credible witness or the type of identifying document used to establish the witness’ identity, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document. If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence, then the journal must contain the signatures of the credible witnesses and the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witnesses to establish their identities.

The certificate of acknowledgment must be filled completely out at the time the notary public’s signature and seal are affixed. The certificate of acknowledgment is executed under penalty of perjury. (Civil Code section 1189(a)(1))

The completion of a certificate of acknowledgment that contains statements that the notary public knows to be false not only may cause the notary public to be liable for civil penalties and administrative action, but is also a criminal offense. The notary public who willfully states as true any material fact known to be false is subject to a civil penalty not exceeding $10,000. (Civil Code section 1189(a)(2))

A notary public may complete a certificate of acknowledgment required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction…, provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law. Any certificate of acknowledgment taken within this state shall be in the following form:

here is ARS 33-804 regarding substitution of trustee by beneficiary…

D. A notice of substitution of trustee shall contain a description of the basis for the successor trustee’s qualification pursuant to section 33-803, subsection A. A notice of substitution of trustee shall be sufficient if acknowledged by all beneficiaries under the trust deed or their agents as authorized in writing and if prepared in substantially the following form:

On the NOTICE OF SUBSTITUTION OF TRUSTEE, notary RHONDA RORIE certified UNDER PENALTY OF PERJURY that Pam Campbell personally appeared before her and “proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their AUTHORIZED CAPACITY(IES), and that by his/her/their signature(s) on the instrument the person(s), or the ENTITY upon behalf of which the person(s) acted, executed the instrument.  I CERTIFY under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Under California Notary Law the notary has to produce upon written request a copy of the journal entry from her journal to a member of the public WITHIN 15 days after written request.

I think you should send a letter to RHONDA RORIE, who is no LONGER  a notary, yet still works for Cal Western and request a written copy of her journal entry for the acknowledgment on your NOTICE OF SUBSTITUTION OF TRUSTEE.

Also, according the California Law, when the notary’s certification expires they are required to SURRENDER THEIR JOURNAL to the California County Recording Clerk.  Per Cyndee at the Clerk’s office, Ms. Rorie never turned her journal into them.  Another claim you can state in your complaint to the Cali SOS.

Finally, if the Clerk’s office doesn’t have her journal, surely she must have it, and she has to comply with your written request within 15 days.

Sally R.Burke

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12 Responses

  1. My Corporate Assignment of deed of trust is prepared by: E. Lanee/NTC Palm harbor, FL – 34683
    Then assignment is done : MERS assigned it to JP Morgan Chase and
    Assistant Secretary signed it in state of Ohio county of Frankiln on 10/13/11.
    this document is notarized by notary who is in Licking county, state of Ohio. Hotary did not date it, it indicates the commission expiration date , notaries name,signature and its stamp.
    Is this right?
    Please comment.
    Joseph.

  2. here is the link to the california notary guides/laws by year

    http://www.sos.ca.gov/business/notary/handbook.htm

    you should be aware that you request copies of the notary journal pages from the county in california where the notary was/is commissioned. The Secyt. of State of California does not keep any notary journals. There is a minimal fee associated with getting the copies of the pages and I’d request that the pages be certified.

  3. Our house was foreclosed on recently. The person who Notarized the Substitution of Trustee was the beneficiary as well as the lender and notarized the same document. Hisname is clearly stated and so is his Notary stamp. I see all kinds of info except our situation. We are already persuing the Bond and have filed with the SOS. They have opened a file and are investigating. We want to sue for damages. We not only lost the $600,000 invested but also the house to a crooked hard money lender. Any thoughts?

  4. NO

  5. My assignment of trustee for a property in Calif is signed by a notary in TX and doesn’t mention anything regarding “penalty of perjury”. Does that make it a bogus document?

  6. MORE GOOD NEWS—BLANKFIEN HIRES ATTORNEY–HA HA–BURN BABY BURN!!!

    http://www.huffingtonpost.com/2011/08/22/goldman-sachs-lawyer-lloyd-blankfein_n_933623.html

  7. THE BEST NEWS TODAY

    BAC DOWN 7.89% TODAY MONEY TALKS

    http://quotes.wsj.com/BAC

    At This rate BAC will be a penny stock by next week.

    To the Attorneys at Bryan Cave, LLC who is gonna pay your bills now?

    NEVER AGAIN

  8. Assignment (Notary) counts too.
    The robo-firm Lis Pendens attaches the ‘attorney’ of the robo firm to the Lis Pendens which are RUBBER STAMPED. To be rubber stamped ‘ the attorney ‘ provied what legal authority to perform the required due dilligence.

    For the Lis Pendens is an Official notice to the public that a lawsuit has been filed.

    Lis Pendens refers to the concept that any buyer of property must assume any litigation that exists pertaining to the property.

    If a buyer purchases a lot that a bank was suing the former owner for, then the new owner must face the lawsuit. Sale of the property will not prevent the plaintiff from seeking redress via litigation.

    Go to the Register of Deeds where the record of real estate deeds maintained by local government official. Look up in the grantor-grantee index which lists the owner of record any any transfers of property. Look before, during and now and check for Lis Pendens to see if a law “suit pending”. This condition will adversely affect the sale price – or possibility of sale – of a piece of property substantially. The term is commonly abbreviated “lis pend”. See who signed the Lis Pendens.

    Assignment: Find out more about the signatures of the attorney-in-fact listed on the Assignment in which ‘some institutional banking national association’ will assign ‘substitute’ c/o Issuing Entity.

    Call the instituional bank and confirm that the named attorney-in-fact works for the institutional bank. If they say yes, you’ll need to secure evidence through a lawyer and secure a name affidavit in order to legally confirm the instituional bank is not lying.

    On the Assignment a Witness signs attesting to ‘Corporate Acknowledgment’ a distraction actually. The witness is nobody and legally meaningless. The Attorney-in-Fact (do they have a power of attorney from the institutional bank?). Is the notary on the document an employee of the robo-firm in the state the property is located and not at the state and county of the assignment party who is treating the assignment like a deed transferring rights from one person to another to the Attorney-in-Fact by whose signature he and the noatry work in the county of the robo-law firm. The notary is not with knowledge and is only validating that the Attorney-In-Fact signed the document.

    I cannot belive all of the people who do not request the Power of Attorney claimed to be attached. The attorney-in-fact a managing attorney of the robo-firm.

    Notary purpose to deter fraud.

    Was the Lis Pendens filed before the Assignment?

    Lis Pendens privilege of owner of mortgage note.

    Notary signs documents confirming the attorney in fact who signed the Lis Pendens is the party named.

    The robo-firm has a ‘deed’ agreement in which they are a licensed debt collecting agency. The robo-firm, attorney in fact, notary all do not have personal knolwedge of the mortgage note nor its owner, and the notary who witnessed signatures has no authority to transfer rights between two parties. So when the robo-attorney signs as attorney-in-fact on the Assignment filed for the bad debt the robo firm contracted to represent, they claim a Power of Attorney exists providing institutional banks robo-frim authority of ‘xxxxx National Association’ to assign to substitute trustee c/o Issuing Entity has been authorized by what privilege the bearn have right to take DEED OF TRUST?

    Notary is a state-appointed official witnesses important document signings and verifies the identities of the signers to help deter fraud and identity theft. A notarized document will contain the seal and signature of the notary who witnessed the signing and will have more legal weight than a document that is not notarized. Document signings where consumers are likely to need the services of a notary include real estate deeds, affidavits, wills, trusts and powers of attorney.

    Lis Pendens
    What gives the ‘robo’firm’ right? What legal document grants the signatory of the Lis Pendens the right or privilege transferring ownership from the ‘temporary lender’ on the existing Assignment to the substitute trustee or servicer? Where is the ‘deed’ if you will that allows the two parties to claim the DEED OF TRUST c/o Owner of mortgage note?

    May we claim “Squatters Rights” while we are fighting to find out who is the owner? We don’t pay ‘rent’ and the institutional bank -ane lawfully they don’t have standing …? statute of limitations for squatters rights? For the real party, the mortgage note owner, has not come forward. Until they do if you pay the debt collector the mortgage note will remain in the hands of the mortgage note owner purpose of the game to be repurchased as REO property in which PREFUNDING of another Issuing Entity will be used to place a new loan in ‘FWP’ and PSA.

  9. For any of you victimized by T.D. Service Company; look to the documents for forgeries on the attorneys statements of fact and the notarized docs; specifically, the signatures and dates. Also; it is critical to examine the documents they send you that are not recorded, as they contain valuable information. The DVL may have parties you have never heard of that they will not record. Look for photocopied inserts to install signatures inside of the photocopied documents recorded. And try to remember, they don’t represent who they claim to, and if they are after you, it is because the entity they represent can not come after you. You will also find they mix up paperwork and notarize documents using forms for one state and record them in yet another, when actually creating them in another still. They hire attorneys that are the low end of the pole, and they have admitted they run a forgery operation to create documents to foreclose in my state.
    T.D. Service Company’s notaries are good targets because California law calls their actions to defraud anyone on a 1-4 family home as a felony.
    If someone has begun a site to collect information about them, I am not aware of it, but I would be happy to contribute my 2 years of experience.
    Nancy Drewe has found a huge trove as well. It appears to be a criminal organization, but I am not a prosecutor or attorney.

  10. I agree Charles – the article is a bit of a mess in its intermingling of the statutes but the concept is sound…topple the mountain one pebble at a time

  11. Marie, not an excuse in California…it’s the law, they have to maintain the log and it must be in their possession while they are a notary. “Employer” has nothing to do with the log…

    That being said, the statutes also provide how to obtain copies of same…good luck getting them subpoena or not…there are however as I recall (I was until recently a Cal. Notary as well), substantial penalties for non-compliance.

    The posting above mixes up ARS and California Statutes…as well as which notary handbook contains what.

    Notary, robo-signing, recording – all fraud taints everything…get agressive with the subpoenas and depositions, take them [all indluding their "employer"] to task.

    There is not enough being charged with perjury or suborning perjury in all this…

  12. I’ve spoken with a couple of notaries who’ve stated they don’t keep a journal as they usually only notarize docs for their employer

    No doubt the robo notaries would use a similar excuse

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