CALIFORNIA ASSIGNMENTS MUST BE RECORDED

FROM TIM MCLANDLESS

Most all foreclosures in California can be set aside. The power of sale by non judicial means is contained in the civil code 2932. In order to be valid the assignment must be recorded California civil code 2932.5. Most all notices of default recorded by the “Sub-Prime” lenders have not recorded an assignment till just before or just after the Trustee’s sale. They rely on the MERS agency agreement to protect them but under California law they are wrong.

Law Offices of
TIMOTHY McCandless
15647 Village Dr
Victorville, Ca 92392
TEL (760) 733-8885; FAX (909)494-4214

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12 Responses

  1. THE BANKS MY HAVE STOLE YOUR HOME & I HAVE THE PROOF FOR ALL TO SE E THE TRUTH & TO PROSECUTE!!!!

    IT’S TIME TO WAKE UP!!

    Most people may NOT know earlier and between 2005-07 that their loan mortgage was securitized, and if you don’t know what that mean it mean this…

    IN THE CASE OF A SECURITIZED MORTGAGE NOTE THERE IS NO PARTY WHO HAS THE LAWFUL RIGHT TO ENFORCE A FORECLOSURE, AND THE PAYMENTS ALLEGED TO HAVE BEEN IN DEFAULT HAVE, IN FACT, BEEN PAID TO THE PARTY TO WHOM SUCH PAYMENTS WERE DUE…

    *NOW THE BANKS AND THEIR LAWYERS ARE BRINGING FRAUD UPON THE COURTS!

    IT’S TIME TO DISBAR THE LAWYERS, AND HAVE THE BANKS SANCTIONED….

    You can google the “Explaination of Securitization by Richard Kessler” and download the pdf booklet that is 1-15 pages

    The key is to over turn these GREEDY Bailout Double Dipping Banks because they got paid a 1 trillion dollar bailout in 2008.

    You can Google the “Top 25 Subprime Lenders” and it will give you the list of the banks.

    Now some of the banks have went out of business, and these banks that went out of business was most of the people original “LENDERS”

    Those LENDERS have bundled, and SOLD those homeowners mortgages to WALL STREET.

    RULE ONE: REMEMBER IN YOUR DEED OF TRUST number (24) Substitute Trustee

    ONLY THE “LENDER” RESERVE THE RIGHT TO ASSIGN A SUBSTITUTE “NO ONE ELSE AT ANY TIME.”

    SO WATCH FOR MERS/RECONTRUST NOMINATING AND SUBSTITUTION themselves along other banks as TRUSTEE BECAUSE YOU’RE THE LANDLORD and they’re trying to bring FRAUD on your TITLE..

    THEY CAN’T DO IT BECAUSE YOUR “ORIGINAL LENDER RESERVES THAT RIGHT.”

    IF THEY DID DO IT, THEN THEY HAVE ALSO COMMITTED FRAUD…

    THIS IS THE MAIN REASON BEHIND ALL THE OUT OF CONTROL FRAUD ON THE FORECLOSURES… SO WE DO HAVE A RIGHT TO FIRE OUR TRUSTEE!!

    RULE TWO: THAT MEAN ONLY “YOUR ORIGINAL LENDER” CAN FORECLOSE… BUT SINCE THEY SOLD THE MORTGAGE, AND IT BECAME SECURITIZED THEY CAN’T FORECLOSE BECAUSE THE DEBT WAS PAID, AND THEY’RE OUT OF BUSINESS.

    NOW THIS IS WHY THEY’RE FORECLOSING SO FAST ON HOMEOWNERS BECAUSE THE AVERAGE HOMEOWNER HASN’T PUT IT ALL TOGETHER AND THEY’RE LOSING.
    RULE FOUR: THIS IS WHY THE BANKS ARE DOUBLE DIPPING WHICH IS ANOTHER VIOLATION OF THE PSA. THAT’S ALSO FRAUD…

    RULE FIVE: THE KEY TO FIND OUT IF YOUR LOAN WAS SECURITIZED IS TO GO BEHIND THE SCENES INTO THE INTERNET CYBER WORLD AND GET YOUR INFORMATION…

    1. GO FIND YOUR DEED OF TRUST, AND FIND THE BANK AND THE ADDRESS OF YOUR LENDER.

    2. FIND OUT THE YEAR YOU BOUGHT YOUR HOME.

    3. ABOUT 3 MONTHS AFTER YOU BOUGHT YOUR HOME IT BECAME SECURITIZED.

    4. GO ONLINE INTO THE SEC SECURITIES EXCHANGE COMMISSIONS AND LOOK FOR YOUR BANK AND THE YEAR OF YOUR LOAN.

    5. ONCE YOU LOCATE IT TRACK THE DATE, AND YEAR AND LOOK INTO THE PROSPECTUS REPORT.

    6. YOU SHOULD SEE THE FILE NUMBER AND IT SHOULD TELL YOU WHEN YOU MORTGAGE WAS FILED.

    7. THEN LOCATE YOU BANK INSIDE THE PROSPECTUS AND YOU SHOULD SEE YOUR BANK AND IT SHOULD HAVE THE SAME ADDRESS ON YOUR DEED OF TRUST, AND YOUR BANK SHOULD BE THE RESPONSIBLE
    PARTY FOR SECURITIZATION. THERE’S YOUR PROOF!

    8. NOW SINCE YOU HAVE THAT PROOF YOU THEN CHALLENGE THESE PRETENDER SERVICER BANKS THAT YOU’RE PROBABLY PAYING AND YOU NOW SUE THEM FOR UNFAIR BUSINESS PRACTICES, AND FRAUD.
    BECAUSE THEY’RE DOUBLE DIPPING ON A MORTGAGE THAT WAS SECURITIZED.

    9. NOW WITH THAT INFORMATION, THE 25 SUBPRIME LENDERS, AND THE BOOK ON EXPLAINATION OF SECURITIZATION YOU NOW HAVE YOUR PROOF TO BEAT THE BANKS AT THEIR OWN GAME, AND KEEP YOUR
    HOME, AND SUE THEM FOR DAMAGES..

    THAT’S HOW I FOUND MY INFORMATION… GOOD LUCK..BLOG, AND BLOG, SPREAD THE WORD TO EVERYONE!

    Make sure that you use these cases, and your constitutions
    A. Munger v Moore
    1. U.S. Bank National Association v. Ibanez

  2. Lets use logic when we talk about MERS!

    I am not a Lawyer, but attended the American School of Mortgage Banking, Certified in Escrow ll and Loan Processor (’05). I was also a Notary and a Loan Signing Specialist for Notary (’09). I also worked at Pioneer Title in the “80′s, as a proof reader for contracts and currently attending Azusa Pacific University for the BS Program in Organizational Leadership.
    The following read is from my experience and I too, have been duped into an unwanted Loan, now being foreclosed upon. One never sees criminal intent until you have experienced it. I certainly did not see it, as I trusted the Notary, the Broker and the Bank.

    Just because you register your car with the Department of Motor Vehicles by the Vin #, doesn’t mean they have the right to sell your car, anymore than MERS; the data base that registers your loan by the Min #, has the authority to sell your home.

    What most people do not realize, in particular, is the fact that these loans (if a refi), were only offered by the fixed “teaser rate” for a 3 and 5 year ARM. The borrower, was only qualified for that amount on the loan, and not when the adjustable rate kicked in. When the Arms became due ( ’06 & ’07), people could no longer afford their loans and were sabotaged by MERS and the Originator.

    Because MERS is only able to function as a data base, their role as a beneficiary or nominee, as described in the Deed of Trust, voids the loan according to:
    CAL.CIV.CODE 2920(a) where a mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession. In order to have a perfoming bilateral contract, the language is specific.
    Beneficiary refers to a human.

    Therefore, when you see your signature show up on documents and you know darn well you did not sign before that person, should it be Assistant Secretary from MERS, your red flag should go up.

    How ’bout the Racketeer Influenced and Corrupt Organizations Act, “RICO.” By the time one may be in foreclosure, these co-conspirators of MERS need to complete the process for the Assignment of Deed of Trust to a Trustee, and does so with forgery and fraud that eventually “eviscerate long-standing principles of real property law. ”
    Please see: Case 0:10-cv-61296. Florida

    Many of us know, that while we did not sign on E-Sign, our signature shows up as a digital signature, however, is not valid unless the entity in authority, such as a Commissioned Notary, has the incripted pad with a registered private key. In view of this detail, MERS is commiting fraud as soon as the document needed is sent to another individual, for the sake of altering documents.

    Therefore, MERS, and their parties willfully and intelligently altered, signed and sold documents between the parties for the express purpose of profiting and using deceptive and unfair business practices to swindle us our of our real property.

    It is by the expressed purpose that a person contact the Secretary of State, Notary Division, to request a “Negative Report” on a Notary, to ask for the page of the signer, as it will denote the type of document that was notorized and the dates that coinside with the applicable document.

    Mail Fraud: Is when the United States Postal Service is used to mail false, forged and fraudulent documents to the County Recorders Office, forcing people to leave their homes, and for the State to commense the non-judicial foreclosure proceeding.
    According to Federal Law: 18 U.S.C.s s 371 (Conspiracy), 1001, 1011, 1018, 1341-1341 (Mail Fraud), 1951 (Hobbs Act), 1961-1968 (RICO ACT), and others.
    Remember, quoting the law is not giving advise.

  3. Dear Ms. Bolden,

    I have Neil’s list as well as a list of attorneys in S. California active in this field

    Send your email address and I’ll be happy to send you the lists.

    Charles Cox
    charles@bayliving.com

  4. I really need a lawyer in Los Angeles who really gets it, the web site does not list lawyers. I and about 5 others need help.1/10/10

  5. I have a question my home was forclosed on but after review all items recorded aagainst my property the was never a sub of trustee from my original lender trustee or beneficiary giving the new trustee power also my notice of default is from a different trustee and beneficary but the same servicer there was a assignment record but 3 months after the nod was recorded i am fighting a eviction now can you help or do you have any suggestions

  6. Dave, Steve, Ondrea, Darrell, …

    Count me in on this topic as well…

    In most states once you have forced the Lenders Hand in court(by discovery of their evidence of note AND Deed of Trust ownership in original documents, assignments, endorsements, power of attorneys, etc.).

    Our clients follow this discovery with a motion for dismissal and invalidation of the note in question, along with a quiet title motion, including proposed order for quiet title. This order should be sufficient in most areas, to cause issued a title insurance policy, and the recording of a full reconveyance by the trustee, by order of the court.

    For certain, Neil Garfield says it best… CHALLENGE EVERY DETAIL OF THE TRANSACTION INCLUDING THE ILLEGAL PONZI SCHEME NATURE OF THE ENTIRE INDUSTRY ITSELF… Times are indeed changing, and many courts realize that removing homeowners from their homes has got to stop!

    By sharing information, we will prevail as many others already have!

    May peace find us in our times of need,

    ALLAN HENNESSEY
    Certified Loss Mitigation/Litigation Consultant
    GREEN STAR FINANCIAL, INC.

    http://WWW.GREENSTARFINANCIAL.COM
    ALLAN@GREENSTARFINANCIAL.COM

    TOLL FREE PHONE/FAX 1-800-552-9313 EXT. 111

  7. Darrrell,
    I met you up at Neil’s seminar in L.A. I have your number, so I’ll try giving you a call. Maybe we can figure some of this stuff out together.
    Steve
    99Libra@gmail.com

  8. My loan was assigned to IndyMac according to the lender but no assignment was ever recorded. Also, Indymac tells me that Deutsch Bank is my “Investor” I guess that means they are the holder in due course. But the original lender also assigned my Deed of Trust to MERS who I guess would be the ones who might foreclose on me. I have not paid since March but have received no notice of default yet. But I understand that MERS has been disqualified from doing business in California. How can I get their Deed of Trust off my title? Also, since the original lender says they assigned my note and deed of trust, how can I make them record a reconveyance? Help!

  9. What’s the statute that they can go back and post-date recording an assignment ? Someone had posted here that they can go back as far as four years.

    Steve
    99Libra@gmail.com

  10. i am having the same, but i am in pennsylvania- my original lender who was a front for superior bank failed to record until 4 years and 29 days aftr the fdic sold the note to lasalle/emc, pa laws says that all conveyances musted be recorded within 90 days of execution otherwise they are void and fraudulent upon sebsequent purchases, the assignment from fdic contains a
    no warranty clause a no warranty clause, any advice would be appreciated.

  11. I’m looking into this for my own case. As far as I can tell, my lender never recorded an assignment since they bought the loan four years ago. Even now, almost five months after the foreclosure sale, they still haven’t. Something is supposed to be recorded with the trustee as well, and never was. Once I find these things out, I’d be glad to share with you what I learn. Email me and I’ll be glad to talk to you.

    Steve
    99Libra@gmail.com

  12. I am dealing with this problem. A friend has the very issue where the assigment of recorder RIGHT before the sheriff’s sale but it was TWO years after the note changed to U.S BAnk. And the assigment of an intermediary mortgage company was never recorded or mentioned. My friend filed BK 7 and US bank is asking to lift the stay, what language can I use to object regarding this?

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