California Code Speaks to Fabricated or Forged and Misleading Documentation: Where’s a Cop When you Need One?

From Steven Kop: Like Florida and other states, the laws already exist to penalize the pretender lenders. The question is whether the public will rise up and force the enforcment of these laws and use them to discredit the worthless paper issued by the participants in the securitization chain.

CALIFORNIA CODES
PENAL CODE
SECTION 470-483.5

470. (a) Every person who, with the intent to defraud, knowing that
he or she has no authority to do so, signs the name of another
person or of a fictitious person to any of the items listed in
subdivision (d) is guilty of forgery.
(b) Every person who, with the intent to defraud, counterfeits or
forges the seal or handwriting of another is guilty of forgery.
(c) Every person who, with the intent to defraud, alters,
corrupts, or falsifies any record of any will, codicil, conveyance,
or other instrument, the record of which is by law evidence, or any
record of any judgment of a court or the return of any officer to any
process of any court, is guilty of forgery.
(d) Every person who, with the intent to defraud, falsely makes,
alters, forges, or counterfeits, utters, publishes, passes or
attempts or offers to pass, as true and genuine, any of the following
items, knowing the same to be false, altered, forged, or
counterfeited, is guilty of forgery: any check, bond, bank bill, or
note, cashier’s check, traveler’s check, money order, post note,
draft, any controller’s warrant for the payment of money at the
treasury, county order or warrant, or request for the payment of
money, receipt for money or goods, bill of exchange, promissory note,
order, or any assignment of any bond, writing obligatory, or other
contract for money or other property, contract, due bill for payment
of money or property, receipt for money or property, passage ticket,
lottery ticket or share purporting to be issued under the California
State Lottery Act of 1984, trading stamp, power of attorney,
certificate of ownership or other document evidencing ownership of a
vehicle or undocumented vessel, or any certificate of any share,
right, or interest in the stock of any corporation or association, or
the delivery of goods or chattels of any kind, or for the delivery
of any instrument of writing, or acquittance, release or discharge of
any debt, account, suit, action, demand, or any other thing, real or
personal, or any transfer or assurance of money, certificate of
shares of stock, goods, chattels, or other property whatever, or any
letter of attorney, or other power to receive money, or to receive or
transfer certificates of shares of stock or annuities, or to let,
lease, dispose of, alien, or convey any goods, chattels, lands, or
tenements, or other estate, real or personal, or falsifies the
acknowledgment of any notary public, or any notary public who issues
an acknowledgment knowing it to be false; or any matter described in
subdivision (b).
(e) Upon a trial for forging any bill or note purporting to be the
bill or note of an incorporated company or bank, or for passing, or
attempting to pass, or having in possession with intent to pass, any
forged bill or note, it is not necessary to prove the incorporation
of the bank or company by the charter or act of incorporation, but it
may be proved by general reputation; and persons of skill are
competent witnesses to prove that the bill or note is forged or
counterfeited.

470a. Every person who alters, falsifies, forges, duplicates or in
any manner reproduces or counterfeits any driver’s license or
identification card issued by a governmental agency with the intent
that such driver’s license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.

470b. Every person who displays or causes or permits to be
displayed or has in his possession any driver’s license or
identification card of the type enumerated in Section 470a with the
intent that such driver’s license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.

471. Every person who, with intent to defraud another, makes,
forges, or alters any entry in any book of records, or any instrument
purporting to be any record or return specified in Section 470, is
guilty of forgery.

471.5. Any person who alters or modifies the medical record of any
person, with fraudulent intent, or who, with fraudulent intent,
creates any false medical record, is guilty of a misdemeanor.

472. Every person who, with intent to defraud another, forges, or
counterfeits the seal of this State, the seal of any public officer
authorized by law, the seal of any Court of record, or the seal of
any corporation, or any other public seal authorized or recognized by
the laws of this State, or of any other State, Government, or
country, or who falsely makes, forges, or counterfeits any impression
purporting to be an impression of any such seal, or who has in his
possession any such counterfeited seal or impression thereof, knowing
it to be counterfeited, and willfully conceals the same, is guilty
of forgery.

473. Forgery is punishable by imprisonment in the state prison, or
by imprisonment in the county jail for not more than one year.

474. Every person who knowingly and willfully sends by telegraph or
telephone to any person a false or forged message, purporting to be
from a telegraph or telephone office, or from any other person, or
who willfully delivers or causes to be delivered to any person any
such message falsely purporting to have been received by telegraph or
telephone, or who furnishes, or conspires to furnish, or causes to
be furnished to any agent, operator, or employee, to be sent by
telegraph or telephone, or to be delivered, any such message, knowing
the same to be false or forged, with the intent to deceive, injure,
or defraud another, is punishable by imprisonment in the state
prison, or in the county jail not exceeding one year, or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.

475. (a) Every person who possesses or receives, with the intent to
pass or facilitate the passage or utterance of any forged, altered,
or counterfeit items, or completed items contained in subdivision (d)
of Section 470 with intent to defraud, knowing the same to be
forged, altered, or counterfeit, is guilty of forgery.
(b) Every person who possesses any blank or unfinished check,
note, bank bill, money order, or traveler’s check, whether real or
fictitious, with the intention of completing the same or the
intention of facilitating the completion of the same, in order to
defraud any person, is guilty of forgery.
(c) Every person who possesses any completed check, money order,
traveler’s check, warrant or county order, whether real or
fictitious, with the intent to utter or pass or facilitate the
utterance or passage of the same, in order to defraud any person, is
guilty of forgery.

476. Every person who makes, passes, utters, or publishes, with
intent to defraud any other person, or who, with the like intent,
attempts to pass, utter, or publish, or who has in his or her
possession, with like intent to utter, pass, or publish, any
fictitious or altered bill, note, or check, purporting to be the
bill, note, or check, or other instrument in writing for the payment
of money or property of any real or fictitious financial institution
as defined in Section 186.9 is guilty of forgery. ”

Steven K. Kop
Attorney at Law

steven.k.kop@newdawnlaw.com

310.869.0269

http://www.newdawnlaw.blogspot.com

 


 

21 Responses

  1. Am fighting forgery (pc 470 and pc 115) with Santa Cruz County as we speak. My name was forged on several documents, even a pcor which the assessor sent to me. Niot reading it first. I have given 2 police reports and even sent this to the Grand Jury. Next up…the media. These people should not be re-elected for malfeasance reasons.

  2. Question : When The Alleged Servicer on you home mortgage transfer or assigns your home loan to another Institution do they need the power of the Attorney from the Investor ..? If its so what is the California Civil code for such of violation ?

  3. […] california-code-speaks-to-fabricated-or-forged-and-misleading ocumentation-wheres-a-cop-when-you-need-one […]

  4. […] california-code-speaks-to-fabricated-or-forged-and-misleading ocumentation-wheres-a-cop-when-you-need-one […]

  5. By hook and crook, these hustlers, and their/your lieyers have conceded and concealed, sleazing, the notes back to the mortgages, so as to cloak the reason for Bankster/MERS collusions; not to evade $35.00 filing fees, as claimed, but, to, facilitate, embezzlement, from the sale of mortgageless, bogus paper; notes, without, collateral, into, world trade [center?]… then, fraudulent reinstatement, of notes to mortgages, to do it, again… with, perjury….

  6. what if your loan was put in an asset backed certificate and it was not registered with Delaware?

  7. Cops are too busy selling out the public to the criminal banks and their accomplice forgers like “First Team Real Estate” and “Coast Cities Escrow”. For instance look at the Orange County Recorded document in the web page of a victim called Kareem Salessi at http://www.salessi.info

  8. Kathi:

    Yes, there is help in Arizona. Where are you located and what is your current situation?

    I can try to put you in touch with someone there. Just call me.

    June Reyno
    858-361-2399

  9. Mary:

    What are you waiting for?

    If you are that certain that the appraisal was inflated then your problems began with the loan origination. Your demand to produce the note is only one of your affirmative defenses probably with many others still yet to discover. Have the forensic review done on your loan documents by a qualified, experienced professional. Suspecting that these things took place is not enough. You must provide hard material evidence that your lender actually committed these violations under TILA and RESPA et al. to add other causes for action which in all likelihood took place at loan origination.

    If they can prove they own the note, then the note must be the original (blue wet ink) promissory note. Have them produce that! If they can’t produce it, someone else could be the holder of the note and come back 15 years down the line or at whatever time and make a claim of interest to your property! The note is not the mortgage. And the mortgage is not the note. However, both must always be together. Photocopies of the Note is not acceptable as a matter of law under the UCC.

    June Reyno
    National Alliance of Homeowners for Justice
    858-361-2399

  10. My lender can not find the original note, but the pro bono attorney says that even though they do not have the note, if they provide the mortgage and all other supporting documents they can prove that they are the owner of the note. Nationstar Mortgage, LLC used false income to qualify me and my daughter for a mortgage. Also, the appraisal was done through a company they wanted. I am sure the appraisal was fabricated too.

  11. Kathi,

    Definitely Yes! Just got news the other day to help distressed borrowers facing foreclosure by the Banks.

    Feel free to give me a call 858-361-2399 and I’ll put you in touch with some people in Phoenix, Arizona. However, I don’t know anything about your current situation to determine what kind of help you are seeking at this time.

    June Reyno
    National Alliance of Homeowners for Justice
    & the HELPING FAMILIES SAVE THEIR HOMES FOUNDATION

  12. Can someone list the applicable mortgage fraud or forgery statutes for Arizona.

  13. Is there any help for those in Arizona?

  14. Dear Alfred M. Sallie Sr.:

    You can find them in the New York Penal Codes.

    Will take some searching but you should be able to find them!

  15. I am wondering are these new laws if not why haven’t they been enforced? What are the mortgage fraud laws for New York.
    Thanks!

  16. Thanks for bringing up the California Penal Code violations–

    Another violation citation to reveal criminal conduct is the California Penal Codes:

    Penal Code 530.5 (a): Use of personal identifying information of another person to obtain credit, goods, services or medical information etc. to add with:

    476. Every person who makes, passes, utters, or publishes, with
    intent to defraud any other person, or who, with the like intent,
    attempts to pass, utter, or publish, or who has in his or her
    possession, with like intent to utter, pass, or publish, any
    fictitious or altered bill, note, or check, purporting to be the
    bill, note, or check, or other instrument in writing for the payment
    of money or property of any real or fictitious financial institution
    as defined in Section 186.9 is guilty of forgery. ”

    Penal Code 530.5(a) violation could also be introduced because people on Wall Street destroyed the good credit reputation of homebuyers by selling to the public loans they knew hoemowner borrowers would eventually go into default after obtaining at closing the borrower/homeowner signatures under the false pretense and other fraudulent assurance during the loan application process. This made the banksters hundreds of thousands of dollars and billions of $$s in profit by securitizing the loans after the investor put up the money for the borrowers.

    Without any hesitation or reservation I did immediately file with the Court a Stay Away Restraining Order against the pretender lender(s) and their foreclosure mill attorneys to include all real estate agents and their business partners for Harassment. Filing with the court a complaint requesting that respondents be restrained by an Order from the Judge would be justified under the Fair Debt Collections Practices Act (FDCPA) .

    Because aren’t these impostors under the FDCPA actually trying to collect on a debt when they foreclose and as they will later try to evict you from your home as the homeowner borrower?

    Although the Judge did not grant me the protection sought at my hearing against the pretender lender(s) charging them as criminals (Judge said since I didn’t personally witness any of them performing the crime or prove their actions caused me great [emotional] injury) –I made clear by my oral testimony at the hearing that the Respondents were all impostors and thieves who were sitting in the court room that day which I told the Judge in the courtroom are the thieves that stole our house and our personal belongings that were inside our home. They used law enforcement to promote their covert greed.

    I am waiting for the court transcripts any day now from the Clerk to come in which I plan to publish on-line on my website http:www.junereyno.info/ soonest time so people can know just how far these crooked banks and their mortgage servicing cohorts will go to hurt American families for the love of money , profit and greed.

    BTW, North Carolina was one of the first states to implement a Consumer Mortgage Fraud Protection Agency called the “Foreclosure Mortgage Prevention Fraud Task Force”. They ranked #1 in the violations at that time in year 2004. Thereafter, because of their effort, ranked 22nd among other states.

    It sure would help if all states got the same results like North Carolina did. It seems though that we are too far gone if foreclosure are permitted to continue by Washington since it appears that Congress seems to have no clear way in fighting these bad influences in Washington DC that capitalize on people’s greed and corporate profit by the Top 20 [controlling] financial institutions.

    –June Reyno
    858-361-2399

  17. WHO HAS DISPLACED MORE PEOPLE FROM THEIR HOMES?

    Milosovic or Bank of America Deutche Bank Wells Fargo.

    Who has displaced more people

    Stalin or Bank of America

    Adolf Hitler or Barak Obama with the help of the Banks.

  18. Speaking from my experience in Florida, which is not
    extensive, but I have studied at least 50 case, half where an experienced attorney defended and half where no one defended.
    In the cases where the attorney defended, the letter
    of the law was followed. In the cases where the defendant just defaulted, the Judge allowed the foreclosure to go through with all manner of legal defects, so the rule seems to be, if the Judge is formally informed of the problem, action will be taken.
    In the undefended cases the Judges just let it slide by
    with the most egregious errors being accepted by the
    court.

  19. Why would the courts support mass enforcement of these statutes knowing that doing so would result in financial turmoil for the world?

    Yes, the so-called lenders committed numerous violations of law and in many instance broke serious laws, but what judge in California so far has said that this is sufficient to give homeowners a windfall, which is a lien-free home?

    If we start throwing all the guilty people in jail (which would have to include homeowners as well), the only people that benefit are those in the prison industry.

    In the abstract this is beautiful but here in the real world, we need real world solution. We need solutions we can sell to judges and lenders that are acceptable to homeowners and we need them in every district in every state.

    Where is that solution? This is so convoluted I don’t even know the question we are trying to answer so I can only imagine how the average home-owning is faring.

  20. As you know, the challenge is proving “intent”.

    You want some paralegal help going down that road Steve, plese contact me although this should rest with District attorneys one would think.

    Charles Cox

  21. Does this get us to quiet title in California?
    Thank you for the information.
    Happy Thanksgiving.

    How many cases has Steve Kop won in California?

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