I think that everyone is missing the #1 problem MERS has in CA.
MERS is a Non-Authorized Agent and cannot legally assign the Promissory Note, making any foreclosure by other than the original lender wrongful, for the following reasons.
1) Under established and binding Ca law, a Nominee can’t assign the Note. Born V. Koop 1962 200 C. A. 2d 519[200 CalApp2d Page 527, 528
2) On most Notes, the term Nominee is not included and MERS never takes ownership, making it unenforceable and unassignable by MERS.
Ott v. Home Savings & Loan Association, 265 F. 2d 643 [647,648
3) Ca Civil Code §2924, et seq. is exhaustive and a Nominee is never included as an acceptable form of “authorized agent” in a judicial or non-judicial foreclosure.
Finally, GOMES V. COUNTRYYWIDE HOME LOANS, INC., 192 Cal.App.4th 1149, IS FLAWED!
a) The Gomes case simply failed to address and apply the established and binding definition of a nominee.
b) The first thing the Deed of Trust does is (i) take away MERS right to payments and (ii) take away the right to enforce the Note.
c) REGARDLESS WHAT A BORROWER AGREES TO, a borrower cannot legally grant MERS the right to assign the note or any of the rights of the note owner.
AND HAVE IN THE SUBJECT LINE ‘SEND UD BENCH GUIDE’
THIS IS COPYRIGHTED AND I AM NOT ABLE TO POST IT ANYWHERES. I WILL SEND TO YOU VIA EMAIL.
THIS IS WHAT THE UD JUDGES USE IN CALIFORNIA.
HAS CITATIONS ETC.
REMEMBER IF YOU GET A UD SUMMONS AND COMPLAINT IN CALIFORNIA…YOU ONLY HAVE 5 DAYS TO FILE A LEGAL RESPONSE. UD MOVES FAST VERY VERY FAST…..
TRY NOT TO LET IT GET TO THE STAGE OF THE UD. THIS MEANS THE TRUSTEE SALE HAS ALREADY OCCURRED AND YOU ARE NOW VIEWED AS A ‘TENANT’ TO THE NEW OWNER.
ALSO, GO TO COUNTY RECORDER OFFICE AND GET ALL RECORDINGS RELATED TO YOUR PROPERTY AND SCRUTINIZE CLOSELY. SINCE CALIFORNIA IS NON JUDICIAL FORECLOSURE STATE…ALL THE RECORDINGS HAVE TO BE PROPER, LEGAL AND IN THE RIGHT ORDER.
GET A LAWYER
The link offered is not working….Please post up dated link. thanks
i live in los angeles and desperately need an attorney to file injunction and stay order immediately my home will be on 4th attempt of foreclosure at trustee sale can someone give me a referral to a good lawyer in the valley?
Can anyone direct me to a a letter that is used to despute CREDIT agencies reporting of late payment and adverse FiCO scoring. Based on the Lender/ Trustee/servicer not being the Holder in due course …..or ?
There is a 60 day limit on attacking an illegal foreclosures in Calif and sale must not be to a bona fide purchaser [a repo by the bank is not a BF sale.]
We Get It!!!!
Call us today at 818.453.3585, only if you are serious about litigating, ask for Steve or Sara. We have attorneys and do pro per defenses in state, federal and BK courts in Calif. We have strategies no others have developed.
Call us for UD help. You MUST file a demurrer if served with UD to attack the standing of the plaintiff [bank]. If you don’t you may still file a motion for summary judgement or summary adjudication under CCP sec 437c, et al.
WE CAN HELP and WE DO THESE. Attorneys and paralegals to help you. 818.453.3585.
ALSO BK adversary complaints and declaratory relief actions to determine if the bank is the true note holder. WE GET IT. ASK for Steve or Sara
EVERYTHING YOU EVER WANTED TO KNOW ABOUT LIS PENDANS OR A TREATISE ON LIS PENDANS LAW
It is never too late. A number have had sucess at the UD stage but till daunting here in California.
Lis Pendens is an improper term in California, they are called “Notice of Pending Action” now and can be recorded (not “file”) by an attorney without court approval. To do one yourself; assuming you have a case pending, you can record one yourself but you need to get Court approval.
You you really need an attorney and get competent legal advice
Send me an email and I’ll send you a list of attorneys that might be able to help.
I am not an attorney and none of this is construed to be legal advice.
Need a honest straightforward answer/opinion.
UD served in Sept 2010. Because of lack of a LRG amt of funds needed to fight the bank, I was advised to settle. Stip given for me to sign to move out of home. If I don’t, bank will activate eviction on Jan 25 2011. Is it REALLY too late? Can I refuse to sign and file a lis pendens by myself on Monday? Located in Sac, Ca
New tactic by Deutche Bank. Take the state case into Federal Court. Problem is that ties up the file for sometimes months in transition. Best bet….get your TRO injunction in State court IMMEDIATELY then let them do whatever they want, the TRO should stick even after a motion to Remove. Call CRD for foreclosure defense at 818.453.3585 for assistance. Have your NOD to fax to us for a free consultation.
S. Nelson, CRD
To see state of Criminal Corruption of the public Superior Court System, in Orange County California, visit http://kareemsalessi.wordpress.com/ Mr. Kareem Salessi ROTHSHILDE / ROCKEFELLER AND OTHER ORGANIZED CRIME FAMILIES and his documentary on his becoming a victim of this CRIMINAL CABAL.
I would like to setup a group of attorneys who would defend home owners who have proven through a forensic audit that the original loan docts have problems and that they have a defense to obtain an agreesive loan workout
I would like to know if there are attorneys out there that woul would do this on a limited contingency basis??
You need a detailed forensic audit of your mortgage payments and escrow account on your mortgage – someone who will look at the original note and then your payment history and how your lender applied your payments on their books. A great source to tap into is the Association of Certified Fraud Examiners (www.acfe.com). A third-party auditor can serve a demand to validate the debt on the foreclosing party as well, thus stalling any further action by the lender for at least 30 days. Also, look on the “Find a Lawyer Who Gets It” tab on this website and find someone close to where you live. Many attorneys offer a free consultation.
HI, I am a homeowner outside of Sacramento. The jr.lienholder foreclosed on my home and now I have been served an eviction. I was NOT in default with them. I am NOT in NOD status with the first. How do I stop the eviction in 5 days so that my daughter and I are not out on the streets? I am begging for help at this point. Thank you.