Notice of Intent to Preserve Interest in California and Other states

Submitted was a form reciting the legal description of the property and citing California Civil Code Title 5, Sections 880.340 and 800.350.

As in other documents that can be prepared for homeowners it is only as good as the willingness of the county recorder’s office to accept and record it. And it doesn’t do much good if the property has already been sold.

As I have previously stated, ANY document that purports to grant, transfer or preserve title in the name of someone other than the mortgagee or Trustee on a deed of trust may be helpful procedurally. What I means by that is that it could force the pretender lender into a judicial foreclosure and it might lay the groundwork for a lawsuit seeking to force the parties to answer the Qualified Written Request or Debt Validation Letter.

You still need to prove your case.

15 Responses

  1. If Bank of America is selling a home in California and during the closing you notice someone owns the Mineral Rights in Iowa. My question is will the buyer be able to get a clear title or can Bank of America foreclosure on the home because of default, but someone owns the Mineral Rights to the property? Or is this a legal action that can be done with the Mineral Rights owner vs Bank of America?

  2. I have filed a Preservation of Interest against my property prior to foreclosure, but only after I have notified the lender via QWR that a securitization audit was performed and that they do not have rightful title to the property. I demanded a VALIDATION OF DEBT, which they failed to provide. I have also filed a UCC1 Financing Statement against the lender and filed that with both the Secretary of State and recorded a UCC1 lien against my property prior to filing the Preservation of Interest.

    You have to follow notification procedures in order to properly notify the lender that you dispute their claim to title. When they fail to respond (after 20 days) you can file a claim and the Preservation of Interest.

    Follow this up with a TRESPASS ON TITLE small claim suit in order to request Quiet Title on the property. The Small Claims suite requests that the lender (representative NOT LAWYER) show up in court to prove they are not trespassing on title, by providing the original NOTE which shows the endorsement is to them. Chances are, they will not show and therefore default. This then gives you more ammunition to file for a Quiet Title action against the lender.

    If you need more info, email me at saleprevention@gmail.com

  3. When filing a Notice of Intent to Preserve Property, the county recorders office does not consult legal issues, they only check the proper format of the document. CCP must be stated.
    Proper Format is essectial to filing documents, even in lawless paperwork. After all MERS was cancelled in 2004, yet how often do we see an agent of the pretender posing as a MERS Agent, or an employee working full time for the servicer or the bank! Filing false documents in the county recorders office is a felony. In CA refer to Penal Code 470.

  4. Pamela Zander/Forensic Documents Research/pamelazander@hotmail.com

    I filed a Notice of Intent to Preserve Interest in California, made it a part of the Complaint in the Exhibits and nothing worked. The pretender lender was able to hire a great team of attorneys, moved my case to Federal Court and retaliated with an unlawful Detainer in Superior Court..

    Next thing will be shocking! My attorney, who told me he was the best at UD, threw me under the bus, and abandonded me at the hearing, while the opposing attorney, scolded my husband and myself, saying sign the F’in stipulation (cash for keys) or you will be out in 24 hr. I am so angry I could spit nails. THen I find out the judge regularly smokes dope (probably drinking with it as well, while the inner circle of judges play poker). What in the dickens is this! My loan is fraudulent on the face of the deed, contains no address, while my husbands’ signature was forged after the Notary left our home, ‘2007. I canceled the loan immediately prior to the Notary leaving. That didn’t work either., as one is unable to get out of a Securitized Trust.

    Hear is the scoop. File a UCC1 article 9 document. If unable to do so, call me The secured party can always file a new financing statement and indicate in the collateral description box that the prior financing statement was terminated without authorization. Note that the American Law Institute’s Joint Review Committee for UCC Article 9 met in February 2009 and decided not to make any changes regarding correction statements, but it did consider allowing secured parties to file something other than a correction statement to address unauthorized termination statements.

    The Problem Scenario: A prospective secured lender obtains a UCC search showing a filed financing statement and a subsequent termination statement. Can the lender safely assume that the collateral covered by the financing statement is now free and clear? Without knowing more, the answer is “no.”

  5. In trying to have a notice of intent recorded, I was denied recording. The excuse given was the notice of intent was not meant to refer to the note. It was for like giving property to the city, he said. Is it not the duty of the recorder to record documents that are in recordable form? Are they allowed to make a determination as to what the law is regarding this? Or is my document wrong and should not mention the note, only the deed?

  6. Jim in Northern CA. Can you email me a copy of your notice of intent. Without any of your identifying info of course. I would like to file one myself.
    If anyone else has one, please send a copy to robert91001@yahoo.com.
    Thanks.

  7. Charles Cox brings up an interesting point about “abandoning title” according to the code definition. But here is where I have a thought that is using just that concern.
    The bank/servicer implies and would have everyone believe that “it ” is a “contract issue” governed under UCC3 (Contract law). However, for those mortgages that where “secured” (paid) by a (Promisory) “Note”/ SECURITY Instrument, it is really under UCC 9 (Security instruments) which make the real party of interest the one that signed the SECURITY NOTE. Therefore they are the proxy/ Grantor/ Beneficiary.

    Now when abank pushes forth a (re) Assignment of Deed of Trust without first getting approval from the Proxy, then they have overstepped their duties and by breach they have forfeited their interest…”abandoned their interest”.
    This is why one would issue a NOTICE OF INTENT TO PRESERVE INTEREST.
    (note I’m not an attorney, just putting this idea out there for scrutinizing the thought. And this is in by no means meant to be legal advise.)
    Any thoughts?

  8. Jim in No Ca, how is your preservation of interest strategy still working well. Can you send me your contact info to discuss your process.

  9. Jim,
    I am the victim of a predatory lender. UBS is under the scrutiny of the FBI for Mortgage Fraud, Tax Fraud, and Securities Fraud and did pull out of CA some time ago. They ignored my right to a 3 day notice of Rescisson (which is void of dates), the 3 year Notice and has filed papers to foreclose with Northwest Trustee Services, INC. Their criminal violations have worked by sending to new servicer for deterence, then exponge the records. They have ignored a RESPA request, a letter of non-compliance. Jim, please call me (760) 244-6248.

  10. Corrected my email address. What is the comparable Civil Code in State of Georgia for the Notice To Preserve Interest?

  11. jim, on March 14, 2010 at 7:28 pm Said:

    The Notice of preservation of Interest can be effective if you have a valid claim ……………….

    ===========================================

    Jim we live in the same beautiful environs. Could you PLEASE
    email me. I am curious about your approach.
    Thanks

    deontos dot is @ g mail dot com

  12. The Notice of preservation of Interest can be effective if you have a valid claim that exists prior to the Trustee sale; e.g.; you may have filed a UCC 1 in advance of the Notice of interest, which evidences your exclusive Interest in the original Note by way of your individual signature (your personal property). Conveniently, it was your signature that monetized this entire system and since nobody else has the right to file a UCC 1 on the Note other than you…this makes sense, legally. Or, perhaps, you have an interest in the property in the form of an equitable labor bill which has been calculated on a per hour basis for all of the “maintenance and upkeep”…as required by the language of the Deed of Trust (sec. 7 usually) without any limitations or instructive language as to whether your maintenance labor is for free, or if you can charge the Beneficiary. (My particular Notice is very specific as to the reasoning for my attachment of certain Interests). Either way, your filing of a Notice of Interest is within your rights and it should be scrutinized carefully before filing. Mine has worked to my advantage voluminously and has stymied attempts to “Perfect Title” . I’m using this in a strategy that has been, thus far, very successful.

    Jim in Northern Calif.

  13. A couple of quick questions for the knowledgable out there.
    I just file suit in Colorado (non-judicial) and now am wondering if I did it correctly. Filed late Friday 2/12/10 so I haven’t even sent out the summons yet. The question is: BONY is represented by a colorado attorney (foreclosure mill), do I serve BONY corporate or the attoneys? I also put Countrywide and BofA as defendants. Can I just serve them by cert. mail if allowed in their state? Or do a Waiver of Service first?This was filed in District Court, do I need to seperately notify the County Trustee to halt the sale pending the outcome of this case?

  14. I’m not certain why a CC 880.310 has anything to do with/in foreclosure defense. It has to do with expiring interest in real property. Why would your interest expire? This is not to mention the sanctions available for slandering title with filing it which is what you’d be doing if not applicable:

    880.360. A person shall not record a notice of intent to preserve
    an interest in real property for the purpose of slandering title to
    the real property. If the court in an action or proceeding to
    establish or quiet title determines that a person recorded a notice
    of intent to preserve an interest for the purpose of slandering
    title, the court shall award against the person the cost of the
    action or proceeding, including a reasonable attorney’s fee, and the
    damages caused by the recording.

    I think if you read the legislative intent of this section (CC 880.020 et. seq.) this has to do with abandoned and other title issues not related to anything we’re trying to deal with. Any filing of a intent to preserve an interest in my opinion actually slanders title based on the fully marketable and alienable status of the title prior to, through the existing statutory scheme for non-judicial trustee sales and you run afoul of 880.020 et seq. by recording one, and risk a whole host of potential sanctions, damages and attorney’s fees.

    Just curious what I’m missing.

  15. Are you in foreclosure? About to be evicted from your home? Looking to do a short sale or trying to get a loan modification from your bank, and only getting the run around? We may be able to help. We specialize in California cases, but can also do other states as well. More and more, homeowners are beginning to realize they may have been the victims of predatory lending and/or that the foreclosure process to their homes is unlawful. We will audit the mortgage and title on your house, looking for errors that the banks and lenders often make during the foreclosure process. Our auditors are trained by real estate attorneys, and work closely with them. Our rates are very reasonable, and our audits have produced impressive results. Don’t wait until it’s too late, contact us today – 818-813-6800.

    PLEASE NOTE: We are not a law firm, and cannot and do not give legal advice. We are also not a loan modification outfit, nor are we affiliated with any.

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