Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Frank Show full post »
William A. Roper, Jr. wrote:
In years past, it appears as though Litton Loan may have relied on affiants Denise BAILEY and Diane DIXON to sign affidavits of merit.  Starting about December 2008, I also see Christopher SPRADLING's name as affiant.  He seems to become the dominant signer amongst the documents I have seen after that date.

I have not seen enough affidavits or instruments from any of these to reach an informed opinion as to whether they are "robo-signers", but the little information I have is consistent with such a possibility.

Notaries I have seen for Litton Loan include Cheryl BUTLER, Mattie MILLER, Monica HARDAWAY, Alvin DENMAN, Leigh BLACKWELL, Brenda McKINZY, and Karen QUILLER.  There are probably far more notaries and there may be a few other primary or alternate signers.

The fact that multiple notaries are regularly signing for a signle signer are consistent with the volume operations characteristic of "robo-signing".  An intermittent, but regular signer might very well have a secretary or regular assistant with a notary seal and consistently use the same person.  These are the folks that would all be thrown out of work by the recently vetoed DODD-REID Digital Robo-Signing Act.

There are some indications that several of the larger foreclosure mills were planning on moving document fabrication -- including production of both forged assignments and perjured affidavits -- overseas to avoid liability.  A single possibly fictitious digital robo-signer could then replace all of these costly and very human witnesses!

Why don't you see if you can be the first person on your block to get a deposition from Christopher SPRADLING, as well as one or more Litton notary?   
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Christopher Spraulding's deposition has already been taken.  Go to my March 22, 20011 response and you will see the link for it.  I am not aware, however, of any depositions for the notaries. 

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Judy,

I don't know if either have been deposed.  You can do a general search on the web by doing a search with their name and the word deposition. Search websites like 4closurefraud.org and there should be a link for all the depositions done.
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I just found out that Debra Lyman is an attorney admitted to practice law in Texas.  Check with the Texas Bar Association.  Hope this information helps.

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Have you checked    http://www.whatsignature.com    for the names of signers you are looking for?

You can also submit any signed documents you may have to assist others in their fight against foreclosure.   Please  submit in PDF format to     whatsignature@yahoo.com


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Judy wrote:
tara wrote:
I have been doing research on the "robo-signers" for Litton over the past week and I personally have my Assignment of Deed of Trust signed by Denise Bailey as VP of MERS.  I was digging through my paperwork again last night and found a Loan Modification of Deed of Trust signed by Becki Sellers (also VP of MERS according to the paperwork). Does anyone have signatures or know anything about Becki Sellers? I can't seem to find anything on-line about her or any other signatures of hers. Also, I found a document from a Massachusetts for closure case with Debra Lyman (VP Litton Loan) of and Melissa Bell's signatures. I know that from reading Denise Bailey's deposition from Tricktin Law Group, Debra Lyman was/is Denise's "manager" and Melissa Bell was the notary Denise used on many occasions. If anyone knows anything about Becki Sellers or Arliss Hauser (notary) please share, I'm trying to collect enough info/evidence so when I sit down with an attorney I have lots of ammo!
I need that document with Debra Lyman's signature. She signed my assignment with Karen Quiller as the Notary. But then again, I already have ammunition on another part of my documents that is worse than what was previously reported in the national news media, even about DOCX. You guys need to be cross-checking those notary stamps with the Secretary of State's Notary Public Unit in whatever state SUPPOSEDLY issued the stamp to make sure the stamp or seal is REAL!!!!!!!!!!!! Melissa Bell? HO, HO, HO, Merry Christmas! IF your document has the stamp like mine, it is a GOLDMINE! The stamp reads "Melissa Bell", "Notary Public, State of Texas", "My Commission Expires", "March 28, 2011". It is a bogus stamp (besides the improper usage of just 'Bell' as her notary signature on the document). Two of us have searched the TX SOS site. I then called the SOS Notary Unit. They searched while I was on the phone. They even re-ran the search. They never had any such notary commission with that end date for ANY 'Bell'. I have been told to send $15 to get a CERTIFIED statement from them that there was no such commission on file, ever! So, trade me the Debra Lyman 'siggie' info. I have seen one example already that seems quite different from my own document. It is rather strange to see the very first letter of a person's name look tremendously different. In my case, Bell notarized for "Marti Noriega" on the Substitution of Trustee. Noriega signed LOTS of those in CA and other states, frequently with BELL. I would like people to report on all the usages of this 'BELL' bogus stamp also, so that we can get Litton into the national news. The usage of the bogus stamp is beyond anything that even DOCX was accused of in the national news medial. This could stop a WHOLE BUNCH of fraudclosures!
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William A. Roper, Jr.

Quote:
Shellie said:

Originally Posted by Judy
IF your document has the stamp like mine, it is a GOLDMINE! The stamp reads "Melissa Bell", "Notary Public, State of Texas", "My Commission Expires", "March 28, 2011". It is a bogus stamp (besides the improper usage of just 'Bell' as her notary signature on the document). Two of us have searched the TX SOS site. I then called the SOS Notary Unit. They searched while I was on the phone. They even re-ran the search. They never had any such notary commission with that end date for ANY 'Bell'. I have been told to send $15 to get a CERTIFIED statement from them that there was no such commission on file, ever! 


Shellie:

Let me be perfectly CLEAR.  Melissa BELL was a valid Texas notary.  There was nothing wrong with the notary stamp she used, which contained the correct date as to when her commission expired. 

The Texas Secretary of State personnel are victims of their own incompetent recordkeeping practices.  When Melissa BELL, whose commission was in the name "M. BELL", prematurely surrendered her commission, the commission expiration date within the database was altered to reflect the date of surrender.  Her regularly scheduled commission expiration date was precisely as shown on the notary stamp.

Perhaps you can rattle an unprepared foreclosure mill law firm with the false representation to the court that Melissa BELL wasn't a valid Texas notary.  And you might thereby succeed in getting an affidavit tossed by impeaching the authentication by Melissa BELL.

But if you think that this is a stable or valid basis to build a foreclosure defense, you couldn't be more mistaken.  In most jurisdictions, an acknowledgement is not even required for a valid deed or assignment.  The acknowledgement is necessary only to make the instrument eligible for recording, NOT for use as evidence in court.

I have attempted to be somewhat reserved in my posts to avoid eviscerating the already shaky basis for impeachment.  But unfortunately, some very poorly informed people continue to REVIVE this thread and to encourage others to pursue what is almost certainly a FALSE and INVALID avenue.

The allegation that Melissa BELL was never a Texas notary or that she was using a defective notary stamp is patently UNTRUE.  For this reason, I would discourage defendants from pursuing this unproductive avenue!
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Moises wrote:
Monica Hadley does not work for SLS.  She works for Capital One.  See the link for her resume which she updates frequently:
http://www.linkedin.com/pub/monica-hadley/15/81/842 

Monica Hadley is also a Notary in the State of Texas.  I have a copy of her actual signature on a document she signed when she applied through  a bonding agency for her Notary Commission.

Always check online to see if the signer is a Notary that way you can get a copy of their actual signature.

If anyone is interested in Denise Bailey's deposition, I have it.  I am currently awaiting some more documents with actual signatures. I will post signatures for the following people:

Denise Bailey
Monica Hadley
Diane Dixon
Monica Hardaway
Cindi Brantley

I notice you mention you have copy of Denise Bailey's Deposition i have her in a assignment of Mortgage acting as MERs as Nominee for Fremont Investment And Loan as ASsistant Secretary

The Deposition would be very helpful for my case here is my email

Mvazquez772@aol.com

thank you
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I ordered from the Texas Secretary of State, the application filed by the notary, Judy A. Tidwell, who notarized Debra Lyman's signature on our fraudulent affidavit. She discusses events as though they occurred (original promissory note was filed), but the affidavit was dated six months prior to those events having occurred. Promissory note turned out to be forged. 

Judy wrote:
tara wrote:
I have been doing research on the "robo-signers" for Litton over the past week and I personally have my Assignment of Deed of Trust signed by Denise Bailey as VP of MERS.  I was digging through my paperwork again last night and found a Loan Modification of Deed of Trust signed by Becki Sellers (also VP of MERS according to the paperwork).

Does anyone have signatures or know anything about Becki Sellers? I can't seem to find anything on-line about her or any other signatures of hers.

Also, I found a document from a Massachusetts for closure case with Debra Lyman (VP Litton Loan) of and Melissa Bell's signatures. I know that from reading Denise Bailey's deposition from Tricktin Law Group, Debra Lyman was/is Denise's "manager" and Melissa Bell was the notary Denise used on many occasions.

If anyone knows anything about Becki Sellers or Arliss Hauser (notary) please share, I'm trying to collect enough info/evidence so when I sit down with an attorney I have lots of ammo!



I need that document with Debra Lyman's signature. She signed my assignment with Karen Quiller as the Notary. But then again, I already have ammunition on another part of my documents that is worse than what was previously reported in the national news media, even about DOCX.

You guys need to be cross-checking those notary stamps with the Secretary of State's Notary Public Unit in whatever state SUPPOSEDLY issued the stamp to make sure the stamp or seal is REAL!!!!!!!!!!!!

Melissa Bell? HO, HO, HO, Merry Christmas! IF your document has the stamp like mine, it is a GOLDMINE! The stamp reads "Melissa Bell", "Notary Public, State of Texas", "My Commission Expires", "March 28, 2011".

It is a bogus stamp (besides the improper usage of just 'Bell' as her notary signature on the document). Two of us have searched the TX SOS site. I then called the SOS Notary Unit. They searched while I was on the phone. They even re-ran the search. They never had any such notary commission with that end date for ANY 'Bell'.

I have been told to send $15 to get a CERTIFIED statement from them that there was no such commission on file, ever!

So, trade me the Debra Lyman 'siggie' info. I have seen one example already that seems quite different from my own document. It is rather strange to see the very first letter of a person's name look tremendously different.

In my case, Bell notarized for "Marti Noriega" on the Substitution of Trustee. Noriega signed LOTS of those in CA and other states, frequently with BELL.

I would like people to report on all the usages of this 'BELL' bogus stamp also, so that we can get Litton into the national news. The usage of the bogus stamp is beyond anything that even DOCX was accused of in the national news medial. This could stop a WHOLE BUNCH of fraudclosures!
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PLEASE HELP ME WITH THE DEPOSITION OF DENISE BAILEY AND HER SIGNATURES


THANKS 
BOB 
MEETUPBOB@GMAIL.COM

Debbie wrote:
Monica Hadley does not work for SLS.  She works for Capital One.  See the link for her resume which she updates frequently:
http://www.linkedin.com/pub/monica-hadley/15/81/842 

Monica Hadley is also a Notary in the State of Texas.  I have a copy of her actual signature on a document she signed when she applied through  a bonding agency for her Notary Commission.

Always check online to see if the signer is a Notary that way you can get a copy of their actual signature.

If anyone is interested in Denise Bailey's deposition, I have it.  I am currently awaiting some more documents with actual signatures. I will post signatures for the following people:

Denise Bailey
Monica Hadley
Diane Dixon
Monica Hardaway
Cindi Brantley

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Bob,

Did you get a copy of Denise Bailey's deposition?
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There are many signed documents on  http://www.whatsignature.com

 

Also, there are several certified notary applications.

 

Please feel free to contribute the items you have so that others can compare.

 

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I have an assigment of mortgage signed by Diane Dixon assistant vice president of litton loan servicing LP as attorney in fact for new century mortgage signed  and notarized by Brenda Mckinzy on june 3 2009, sevent days latter a received a lis pendens notice. Are they part of robo signing fraud?

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I need known signature for Debra Lyman I have doc with her signature if anyone needs it
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I found Diane Dixon signing an affidavit as vice president and Denise Bailey as assistant secretary a lost assigment document for US Bank National Association on June 1 2009 and notarize by Brenda Mckinzy. I believe they are part of robo-signers, Diane Dixon signed my assigment of mortgage as litton loan servicing vice president and notarized by the same notary on June 3 2009. For how many Banks whas she being the vice president in the same year only 2 days apart?
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Same issue as everyone else.  Fighting foreclosure of a property.  Dealing with Litton and Quality Loan Servicing.  Supposedly the loan is now with Ocwen but Ocwen says house was sold, yet it hasn't but they won't give any information.  Investigating. 

Found an Assignment of Deed of Trust signed by Marti Noriega, VP MERS on 3/30/10 and Notarized by Karen Quiller.  Notary Seal expires 7/26/10.  Documented Recorded 4/9/10. 

Received a copy of an unrecorded Substitution of Trustee signed by Marti Noriega, VP of MERS on 3/29/10 and notarized by Karen Quiller again.  MERS substituting the original trustee for Quality Loan Service Corp.  Confirmed with the Los Angeles Recorders Office that no such Substitution was ever recorded. 

FYI, NOD recorded 3/16/10.

Need any info on these two that I can use to fight this battle. 

Sergio



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ka

Quote:
Supposedly the loan is now with Ocwen but Ocwen says house was sold, yet it hasn't but they won't give any information. Investigating.

In non-judicial foreclosure states, foreclosure is usually accomplished by a private sale conducted in accordance with statute and the terms of the deed of trust.  In most places, this involves advertising the private sale in a newspaper of general circulation for one or more weeks in advance of the private sale.

The advertisement identifies the date and place of the private sale.

Very often, the person conducting the private sale is the ONLY person who appears at the sale location.  Under these circumstances, it is difficult to dispute the manner in which the sale is conducted.

The foreclosing lender often makes a credit bid at the private auction and a deed is prepared in favor of the bidder.  This is also sometimes done in advance of the private sale.

While the entity purchasing the property at auction will typically also want to record the foreclosure deed, together with any other required documents to effect the private foreclosure, in many places there is no specific requirement or time limit as to WHEN these documents need to be recorded.

The lender can therefore simply POCKET these documents and present them in an ejectment proceeding to obtain possession of the property.  One reason that lenders avoid recording the documents is to avoid dunning tax notices, as well as liability for the upkeep and maintenance of the subject property.  For example, suppose that the lender fails to shovel the snow on the sidewalk and someone is injured.  The borrower is still shown to be the record owner, even though the foreclosure by private sale already took place.

Absence of a recorded record of the foreclosure sale does not mean that a foreclosure didn't take place.  Go to the library and look in archived newspapers to see if the property was advertised.  In some places, posted notices of future sales are also recorded.  Make sure to check these.  If a sale was scheduled and you didn't attend, you just DO NOT KNOW WHAT HAPPENED and will probably be unable to learn what happened until either (a) you bring some court action or (b) the purchaser of the property brings an ejectment action (often an unlawful detainer action) against you.
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@ KA

You are SO WRONG on details of how non-judicial foreclosure works in CA where I presume this person is located since he referred to LOS ANGELES in his post.Most of your entire post is non-sense. Are you a bankster stooge?

In CA, the sale has got to be performed as an AUCTION at some PUBLIC location such as the COURT-HOUSE steps.

In fact, BEFORE the auction occurs, a "Notice of Sale" is RECORDED with the county. This is a notice of the INTENTION to hold the auction. Even when one of these is recorded, the actual auction may be postponed.

Litton Loan Servicing was a part of Goldman-Sachs until recently when it was sold to Ocwen. That is how the SERVICER has changed from Litton to Ocwen. Since the SERVICER is not the true creditor in almost all of these transactions, Ocwen will ot necessarily record anything on your property regarding this change from Litton to Ocwen.

I also have Litton, Quality, Marti, and Karen, though I also have Debra Lyman and Melissa Bell. My loan was originally an "America's Wholesale Lender CORPORATION" loan. I'd like to know what Sergio's loan shows below the signature line where Marti signed if his loan is also originally an "AWL Corp" loan. They may have tried using MERS for a corp where they have no authority to do so.

Marti's signatures may have been a stamp or a photo chop. Some of the signatures I found for her do vary significantly

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Thank you for taking the time to reply.  But to answer the question, yes it is in Los Angeles Ca.  There is no information a sale occurred.  A Chapter 13 was dismissed on December 12th, which is why we also believe there was no sale.  It really appears that Ocwen doesn't have any information.  Litton transferred to Ocwen back September of 2011.  I have attached the signatures pages to the Substitution of Trustee dated 3/29/10 (not recorded) and the Assignment of Deed of Trust dated 3/30/10 (recorded).  Both signatures were by Marti Noriega, Asst VP, representing.  What is the status on the issue of representing MERS with regards to California.  Is it legal or not?  Either way it is safe to assume that the Note and Deed of Trust are not in the same name.  So what you think? 


Today at 12:52 PM #88. 

@ KA.  You are SO WRONG on details of how non-judicial foreclosure works in CA where I presume this person is located since he referred to LOS ANGELES in his post. Most of your entire post is non-sense. Are you a bankster stooge? In CA, the sale has got to be performed as an AUCTION at some PUBLIC location such as the COURT-HOUSE steps. In fact, BEFORE the auction occurs, a "Notice of Sale" is RECORDED with the county. This is a notice of the INTENTION to hold the auction. Even when one of these is recorded, the actual auction may be postponed. Litton Loan Servicing was a part of Goldman-Sachs until recently when it was sold to Ocwen. That is how the SERVICER has changed from Litton to Ocwen. Since the SERVICER is not the true creditor in almost all of these transactions, Ocwen will ot necessarily record anything on your property regarding this change from Litton to Ocwen.  I also have Litton, Quality, Marti, and Karen, though I also have Debra Lyman and Melissa Bell. My loan was originally an "America's Wholesale Lender CORPORATION" loan. I'd like to know what Sergio's loan shows below the signature line where Marti signed if his loan is also originally an "AWL Corp" loan. They may have tried using MERS for a corp where they have no authority to do so.  Marti's signatures may have been a stamp or a photo chop. Some of the signatures I found for her do vary significantly.


Today at 03:43 AM #87

Quote:  Supposedly the loan is now with Ocwen but Ocwen says house was sold, yet it hasn't but they won't give any information.  Investigating.

In non-judicial foreclosure states, foreclosure is usually accomplished by a private sale conducted in accordance with statute and the terms of the deed of trust.  In most places, this involves advertising the private sale in a newspaper of general circulation for one or more weeks in advance of the private sale.

The advertisement identifies the date and place of the private sale.  Very often, the person conducting the private sale is the ONLY person who appears at the sale location.  Under these circumstances, it is difficult to dispute the manner in which the sale is conducted.  The foreclosing lender often makes a credit bid at the private auction and a deed is prepared in favor of the bidder.  This is also sometimes done in advance of the private sale.   While the entity purchasing the property at auction will typically also want to record the foreclosure deed, together with any other required documents to effect the private foreclosure, in many places there is no specific requirement or time limit as to WHEN these documents need to be recorded.  The lender can therefore simply POCKET these documents and present them in an ejectment proceeding to obtain possession of the property.  One reason that lenders avoid recording the documents is to avoid dunning tax notices, as well as liability for the upkeep and maintenance of the subject property.  For example, suppose that the lender fails to shovel the snow on the sidewalk and someone is injured.  The borrower is still shown to be the record owner, even though the foreclosure by private sale already took place.  Absence of a recorded record of the foreclosure sale does not mean that a foreclosure didn't take place.  Go to the library and look in archived newspapers to see if the property was advertised.  In some places, posted notices of future sales are also recorded.  Make sure to check these.  If a sale was scheduled and you didn't attend, you just DO NOT KNOW WHAT HAPPENED and will probably be unable to learn what happened until either (a) you bring some court action or (b) the purchaser of the property brings an ejectment action (often an unlawful detainer action) against you.


#86.  Scenario:   House in foreclosure.  MERS loan originated in California with American Mortgage Network, Inc. in 2007.  NOD issued recorded 3/16/10 by Quality Loan Service.  NOTS issued 6/17/10, with sale date on 7/7/2010.  Recently found copy of a mailed substitution of trustee, confirmed not recorded, dated 3/29/10 and signed by Marti Noriega, AVP of MERS substituting the original trustee for Quality.  Said document notarized by Karen Quiller from Texas, commission expires 7/26/10. Received a copy of a recorded Assignment of Deed of Trust signed 3/30/10 by Marti Noriega, AVP of MERS, as Nominee for American Mortgage Network, assigning/transferring beneficial interest to Litton Loan Servicing, LP.  Notarized again by Karen Quiller.  (No other Assignments recorded).  During a Chapter 13 Bankruptcy filed the beginning of 2011, which was dismissed this month (12/13/11), Litton said Ocwen was now the owner of the mortgage.  Call Ocwen, say they cannot talk to me because house was sold, yet no info given.  There is no info anywhere indicating a house was sold.  (Note, on or about 9/1/11 received notice that Litton was transferring the servicing rights to Ocwen Loan Servicing).  What is wrong with this picture? Anyone?

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Bill
It is amazing how a name lends instant credibility.  This is the same problems the court had at the beginning at the foreclosure crisis.  If something is said by the bank it must be correct.  In this situation, I know who ka is.  I am quite sure he is far more informed than Judy. 

Judy seems to be unwilling to accept clear facts that she doesn't like.  In her earlier posts she says:

 

 

Quote:

Originally Posted by Judy
IF your document has the stamp like mine, it is a GOLDMINE! The stamp reads "Melissa Bell", "Notary Public, State of Texas", "My Commission Expires", "March 28, 2011". It is a bogus stamp (besides the improper usage of just 'Bell' as her notary signature on the document). Two of us have searched the TX SOS site. I then called the SOS Notary Unit. They searched while I was on the phone. They even re-ran the search. They never had any such notary commission with that end date for ANY 'Bell'. I have been told to send $15 to get a CERTIFIED statement from them that there was no such commission on file, ever! 




This has unequivocally been shown to be incorrect.  I have actually researched this with Texas and have had others on the forum conclude the same when they reviewed the record.  When the information was presented to Judy, she still refused to accept this fact.  Maybe she just wanted to "believe" she had a valid argument, but I assure you, while this argument could cause some confusion for a short period, it will be disproved quickly by the Plaintiff. 

While there is a possibility that ka is incorrect, I have NEVER seen a post from him that was NOT supported by facts and cases AFTER YEARS OF POSTING.  I would rather see Judy post some cases, statutes, ect.. to support her argument especially because she so quickly pointed out how WRONG ka is and that he could potentially be a "bankster-stooge". 

I would also mention, because a bank is "REQUIRED" to do something does NOT mean they are doing it.  We all know this, this is the basis for a large portion of foreclosure defense.  Ka has years of experience in the mortgage business as well as defending foreclosure.  He is definitely a national "expert" in regards to Citimortgage and their misdeeds in the foreclosure arena. 

It is humorous to me, because he used "ka" instead of his name, he is now clearly "wrong" and possibly a bankerster stooge where if he used his real name it would be taken as correct and carry a lot of validity.  This is akin to taking what ever Neil Garfield says as correct because he has a foreclosure defense (I use the term loosely) website.  Instead of reading WHO is posting, people should be reading the content, how well written it is, and how well it is supported. 
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Bill
Sergio,

Ka gave you a good answer.

Quote:

In non-judicial foreclosure states, foreclosure is usually accomplished by a private sale conducted in accordance with statute and the terms of the deed of trust.  In most places, this involves advertising the private sale in a newspaper of general circulation for one or more weeks in advance of the private sale.

The advertisement identifies the date and place of the private sale.

Very often, the person conducting the private sale is the ONLY person who appears at the sale location.  Under these circumstances, it is difficult to dispute the manner in which the sale is conducted.

The foreclosing lender often makes a credit bid at the private auction and a deed is prepared in favor of the bidder.  This is also sometimes done in advance of the private sale.

While the entity purchasing the property at auction will typically also want to record the foreclosure deed, together with any other required documents to effect the private foreclosure, in many places there is no specific requirement or time limit as to WHEN these documents need to be recorded.

The lender can therefore simply POCKET these documents and present them in an ejectment proceeding to obtain possession of the property.  One reason that lenders avoid recording the documents is to avoid dunning tax notices, as well as liability for the upkeep and maintenance of the subject property.  For example, suppose that the lender fails to shovel the snow on the sidewalk and someone is injured.  The borrower is still shown to be the record owner, even though the foreclosure by private sale already took place.

Absence of a recorded record of the foreclosure sale does not mean that a foreclosure didn't take place.  Go to the library and look in archived newspapers to see if the property was advertised.  In some places, posted notices of future sales are also recorded.  Make sure to check these.  If a sale was scheduled and you didn't attend, you just DO NOT KNOW WHAT HAPPENED and will probably be unable to learn what happened until either (a) you bring some court action or (b) the purchaser of the property brings an ejectment action (often an unlawful detainer action) against you.




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ka
@Judy

Quote:
In CA, the sale has got to be performed as an AUCTION at some PUBLIC location such as the COURT-HOUSE steps.


Simply because an auction takes place at a "public location" it does NOT follow that any particular auction is witnessed or attended by anyone other than the trustee.  If you genuinely believe that foreclosure auctions are uniformly well attended throughout the country, you obviously haven't actually attended very many nor have a particularly firm grasp of auction dynamics.

Even if there are one or more other witnesses to the actual auction, the identity of these witnesses are likely to be UNKNOWN to the distressed borrower.

In larger counties in states where foreclosure volume is high and foreclosure sales are limited to certain days (e.g. in Texas non-judicial foreclosures take place only one day each month), the steps may be crowded with auctions.  In other places which are less populated, where foreclosure volumes are generally lower and where foreclosures happen across more calendar days and times, an auction might take place in isolation.

How would you suggest that Sergio ascertain the identity of the witnesses if Sergio neither attended the sale nor sent some representative to witness the auction?

Quote:
In fact, BEFORE the auction occurs, a "Notice of Sale" is RECORDED with the county. This is a notice of the INTENTION to hold the auction. Even when one of these is recorded, the actual auction may be postponed.


I am unfamiliar with the precise mechanics of non-judicial foreclosures in California.  The procedure you describe, however, of recording the notice of sale is also used in many other jurisdictions, but is not uniformly the case.  Rather than look up the specifics for California and make a specific assertion, I gave some general description of the mechanics of such notice.

In my response, I noted:

Quote:
Absence of a recorded record of the foreclosure sale does not mean that a foreclosure didn't take place.  Go to the library and look in archived newspapers to see if the property was advertised.  In some places, posted notices of future sales are also recorded.  Make sure to check these.


The notice of sale usually identifies the trustee and in some jurisdiction also identifies the lender or mortgage investor upon whose behalf the sale is being conducted.  In some places, the trustee is a foreclosure attorney.  In other places the trustee is a person or institution without advanced legal training.

My post was not intended as in indication of any belief that a sale either was or was not properly conducted nor whether the foreclosure deed is actually VALID.

My point was that a sale could have taken place for which no foreclosure deed has yet been recorded.

I expressly suggested that Sergio check the records for a notice of sale.

Judy, you need to read posts a bit more thoroughly and critically.  You also need to be a little less judgmental.  Forum readers are interested in these issues nationally and my post was intended to address the situation more generally.

If you are aware of any actual ERROR in my post, please let us know what it is.  It appears to me that you are a person of somewhat limited knowledge quick to attack others who are more knowledgeable and better informed, but unable to actually identify or articulate a valid basis for your assertions.
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ka
@Sergio:

There is essentially NO MARGIN FOR ERROR in litigating a foreclosure in California.  While I am aware of a number of borrower/defendants, including several Forum participants who have had some measure of success in delaying or preventing a foreclosure, I cannot recall a single Forum participant who has been successful in forestalling foreclosure in California.

I say this NOT as discouragement, but rather to underscore that I am unaware of a successful pro se model to emulate.

GET AN ATTORNEY WHO IS EXPERIENCED IN CALIFORNIA FORECLOSURE MATTERS!

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NOD issued recorded 3/16/10 by Quality Loan Service. NOTS issued 6/17/10, with sale date on 7/7/2010. Recently found copy of a mailed substitution of trustee, confirmed not recorded, dated 3/29/10 and signed by Marti Noriega, AVP of MERS substituting the original trustee for Quality. Said document notarized by Karen Quiller from Texas, commission expires 7/26/10. Received a copy of a recorded Assignment of Deed of Trust signed 3/30/10 by Marti Noriega, AVP of MERS, as Nominee for American Mortgage Network, assigning/transferring beneficial interest to Litton Loan Servicing, LP.


My reading of your post is that a Notice of Trustee Sale was given.  It is unclear what you mean in respect of the "issued" date of June 17, 2010.

There will probably be an execution date on the notice.  There may also be a date that the notice was mailed to you, possibly by certified mail.  ANd there may be a third date which is the date of recording of the notice.

Just explains that a Notice of Trustee Sale must be recorded in California.  That sounds right.

You then mention an appointment of substitute trustee as well as an assignment of deed of trust.  You said that the substitution of trustee was "substituting the original trustee for Quality".  This seems likely to be backwards.  Usually a deed of trust identifies an original trustee.  An appointment of substitute trustee is by the holder of the note and deed of trust.  The appointment appoints a substitute trustee.

If the instrument has the substitution of parties reversed, it would seem to be defective.  If the instrument is correctly drafted and your description is misworded, then this is a non-issue.

Judy's theories about the validity of instruments executed by Marti NOREIGA or others are questionable.

While borrower/defendants have had some success in defending in a bankruptcy setting and, occasionally in opposing an ejectment action, trying to fight a non-judicial foreclosure directly puts the borrower into the difficult position of acting as plaintiff.

MERS has mostly prevailed at the appellate level in California, though this is not uniformly the case.  There are quite a few California cases to read.  Most of the decisions are unfavorable and even a little depressing.

Once again, I would encourgage you to consult a capable California attorney with expertise in foreclosure.  Be realistic.  Weigh the cost of throwing money at an attorney against the likelihood of prevailing.

It appears you remain in possession of the property and that the Lender has NOT moved forward with an ejectment.  While it is unclear WHY the Lender has not proceeded, it seems that you remain in possession in the interim.

Generally, I would NOT recommend that a person simply wait passively.  But you also need to consider the possibility that your foreclosure has somehow fallen through the cracks and has been misplaced or forgotten.  Things that you do to energize or call attention to the foreclosure might cause the lender to FIND the paperwork and put the foreclosure back on track.  Under these circumstances, there is some merit in gambling that you get additional months of occupancy by keeping silent and hoping that the foreclosure remains forgotten as long as possible. 
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This has unequivocally been shown to be incorrect. I have actually researched this with Texas and have had others on the forum conclude the same when they reviewed the record. When the information was presented to Judy, she still refused to accept this fact. 


Yes, Bill.  Judy is in denial about Melissa Bell.

Through the incompetence of Texas Department of State personnel, she has obtained a document which purports to show that there was no such notary.  Others have shown that this is erroneous.  She seems intent on using the document from the Secretary of State's Office as false evidence.  While her outrage at the foreclosure and misconduct by Litton is understandable, this seems to be a rather questionable foundation for a legal case.

As you point out, Melissa Bell was a valid Texas notary until she surrendered her commission.  Borrowers would be well counseled to look for a more substantive basis for foreclosure defense.

But she seems to have in mind to coach other foreclosure defendants into wingnut defenses to spare them the time and effort to learn and understand more robust alternatives.  
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Debbie wrote:
Roper, Congrats to you.  I have a complaint to file on a notary that we both have in common.  Will let you know the end result.  The battle in Maryland is ongoing as it took the issue of "refiled affidavits" for the court system to respond.  There is a law firm here, Friedman & MacFadyen which is now under investigation for fraudulent acts that I am interested in.  They have filed thousands of fraudulent paperwork in our land records and that's just the tip of the iceberg.  My research shows that this has been going on for at least a decade.  If anyone knows anything about Friedman & MacFadyen, I am listening. 


The fact of the matter is mortgages were obtained and payments were not paid. The documents that are executed during the foreclosure process are a non-issue if debtors purchased real estate that was truly in their means and not based on inflated income, etc. If anyone says they I'd not read their loan paper work or understand their paperwork then the foreclosure still fails on them. Research and due diligence is necessary of every person signing any document. It is amazing that now borrowers are willing to dig, hunt, beg, lie and scratch through any information they can get their hands on -- but of course it shouldn't be a surprise as it appears we are now a country of elitist that feel mortgage and rent should be free.

BTW --- I have been a Notary Public for several years and I can promise you me signature tends to vary from week to week, in sickness and in health and every day that I get older.

Put more effort in getting this country out of debt instead of using all of your energy to blame the teacher for the f you got in economics.
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Yesterday
To: Why is this an issue?

So you are saying when one commits a crime by forgery, it is OK?
Variance in signature and forgery, how are they the same.

Get the picture?
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