WHAT IF THE TRUSTEE DOESN’T QUALIFY UNDER LAW AS A TRUSTEE?

DON’T TAKE ANYTHING FOR GRANTED. Just because the NAME WELLS FARGO APPEARS, IT MIGHT NOT BE QUALIFIED. If the entity named is a Wells Fargo subsidiary or other entity that is NOT a bank or other institution described here, then they can’t be a trustee. If they can’t be a Trustee, the Trust deed is probably no better than a nominee beneficiary which would be void or voidable.

Note SECTION B also — that the trustee cannot have a conflict of interest with the beneficiary. If they show up in court in one case claiming rights as as a beneficiary in a similar transaction involving the same pool, they are creating a question of fact that can only be resolved in a judicial foreclosure. And in the case of a substitution of trustee who facially or factually does not qualify, the substitution of trustee may be void or voidable.

33-803. Trustee of trust deed; qualifications

A. Except as provided in subsection B, the trustee of a trust deed shall be:

1. An association or corporation doing business under the laws of this state as a bank, trust company, savings and loan association, credit union, insurance company, escrow agent or consumer lender. [Question: what if they ARE a bank but not qualified under State law to conduct business as a bank in this particular state? Or to be more esoteric, what if they are qualified to do business as a bank but hey are not acting as a bank in this transaction?]

2. A person who is a member of the state bar of Arizona.

3. A person who is a licensed real estate broker under the laws of this state.

4. A person who is a licensed insurance producer under the laws of this state.

5. An association or corporation that is licensed, chartered or regulated by the federal deposit insurance corporation, the comptroller of the currency, the federal home loan bank, the national credit union administration, the farm credit administration, the federal reserve board or any successors.

6. The parent corporation of any association or corporation referred to in this subsection or any corporation all the stock of which is owned by or held solely for the benefit of any such association or corporation referred to in this subsection.

B. An individual trustee of a trust deed who qualifies under subsection A shall not be the beneficiary of the trust, but such restriction shall not preclude a corporate or association trustee that qualifies under subsection A and while acting in good faith from being the beneficiary, or after appointment from acquiring the interest of the beneficiary by succession, conveyance, grant, descent or devise.

C. A trustee of a trust deed who qualifies under subsection A shall not lend or delegate the trustee’s name or corporate capacity to any individual or entity that does not qualify as a trustee of a trust deed. An individual, company, association or corporation shall not circumvent the requirements of subsection A by acting in concert with a nonqualifying trustee.

13 Responses

  1. Don’t forget attorney’s have a duty of candor.

  2. So what’s my point? That people aren’t thinking. You don’t have to fight hard and/or spend lots of money to resolve a few simple questions. A court cannot dismiss a debtors case to reveal the true identity of their creditor.

    By law, you cannot enter into a contract with an unknown 3rd party. You must know with whom you are dealing. By law, the Bank cannot withhold the identity of the true creditor. By law, there has to be a recorded source and paper trail.

    If the bank refuses to give the identity of the creditor then they admit you did not know with whom you were dealing. It’s basic contract law 101.

    The question that should be asked in court is simple. “If the Note funded the loan, who is the creditor?”

    It’s a relevant and sufficient for discovery. The people have a right to jury trial. Period.

    If Judges aren’t cooperative I would remind them of 42 US 1986 and 1985, since it most definitely applies to them in this situation. They aren’t justices, they don’t immunity for neglect.

  3. I would like to ask a real simple question regarding this matter that goes directly to the heart of the issue.

    A creditor is a lender entitled to collect payment from a borrower, correct? The Promissory Note is the source asset used for funding, correct? The borrower is the maker of Promissory Note, correct?

    If borrowers Promissory Notes fund loans, who then are the creditors?

    If someone writes a check, wouldn’t the maker of that check be the owner of the money it represents? Checks represent money. When cashed, it produces money. No matter who cashes it, it’s the makers money. Only the owner of the account can write a check for their money, correct?

    If a Promissory Note is funding a loan, it’s used as a check. Whether credit or money, it can only come from the owner. Only the owner can be the maker. The maker is the lender, the lender is the creditor.

    Therefore the Borrower is the owner, the maker, the lender and the creditor.

    How does it not make sense? By brain washing!

    Brain washing can be summed up as the act of watching a bullet enter the front of a president’s head and seeing it exit the back while his wife dives on the trunk to retrieve skull pieces. Then being told it was from the back and believing it.

    MASS STUPIDITY! That’s the real problem,… the only problem!

  4. I had found the same thing in my case Mccarthy and holthus represented Aurora Loans in my BK case and also recorded my assignment with the county for Aurora thru Mers VP Theodore Schultz, who also signs as a VP for Aurora Loans,Also Aurora started a trustee sale on my home before they had a assignment this is fraud.And guess who was the trustee Quality Loans Service who is owned by these crooks .So i guess the servicer’s attorney is acting as the foreclosing trustee also. This scum needs to be under the jail.Oh i forgot at the sale of my home Aurora supposedly bought my home from Quality the trustee.They will be caught soon!!!!!!!!!Dont stop fighting cause im not

  5. In CA there is no statutory requirement for a Trustee. Anyone can be a trustee.

  6. Judy, I presume your the one who had Thornburg as your originator? shoot me an email I have something you may find useful seen as you seem as passionate as I about these unlawful characters.
    pippy52@verizon.net

  7. boots and Judy,
    I am pro se in northern CA and just had my sale date postponed again for the 4 time (beneficiary request). I have a chapter 7 Bk case where the second was discharged (Wells Heloc) and now i am trying to amend the case to make the first (wells fargo home mortgage) an unsecured debt due to the securitization etc… not sure if i am going in the right direction. Had a forensic audit done by Brad Keiser and a QWR sent with no response. Had an attorney but let him go, (money issues) any help you might be able to give me or any thing I can do for you would be great.email me hk_construction@sbcglobal.net

  8. McCarthy & Holthus,Bill De Ridder (aka William De Ridder)
    aka da weasel tribe… do read up..

    these vermin are infesting their way to the top ..

    “FNF”-Fidelity National Financial, Inc.
    “FIS”-Fidelity National Information Services, Inc.
    “LPS” Lender Processing Services, Inc.

    http://4closurefraud.org/2010/02/21/written-in-weasel-so-get-out-your-dictionary-of-weaselease-fnf-fis-docx-lps/

  9. judy, thanks for some info about this law firm. I need more info you could get and please forward this to me. i would really appreciates your input. are you in ca? maybe we could talk and compare documents. bootsaniel1952@yahoo.com

  10. If you had not found the tie between those attorneys and Quality, I was going to tell you.

    But while we are delving into Quality, have you checked if they have a valid reason to be acting as a TRUSTEE in CA? Does it also just take being a member of the state bar association here also?

    The third significant member of their firm, William De Ridder had an expired business license at one time.

    McCarthy&Holthus are also known to be attorneys for HSBC.

    [BTW This pair of attorneys is also a member of “The National Firm”. Holthus is a founding member of The National Firm McCarthy, Holthus, Baum Ackerman, LLP. That group also sports another attorney’s name that is becoming synonymous with fraud, none other than that attorney Baum in upstate NY. In 2007, they were all in attendance at a meeting of the CA Mortgage Bankers Assoc. Western states Loan Servicing Conference. Marti Noriega, of Litton, who signed to put QLS in as trustee on my docs (via MERS) was also at that meeting.]

    Quality is making a nasty practice of ignoring the Preliminary Injunctions and proceeding to file the ‘NT Trustee Sale”. In one case they even proceeded to complete the sale. I’ve seen a video online where the attorney representing the first care referenced had commented that Quality was headed for having sanctions being imposed here in CA. I have ALSO found that the ‘NT Trustee Sale” was filed a MONTH after they had been served notice of the Preliminary Injunction in my own case.

    Beware of that treacherous firm.

  11. April 28th 2010

    Dear Lender

    Re: Wrongful Foreclosure Recovery

    You are alleging to be the beneficiary of record and therefore the holder in due course. That’s being said, will you assure me of the integrity of your claims and indemnify my estate from any evidence to the contrary?

    My concerns are for subsequent events and researching recent foreclosure and repossession activity by your organization.

    These legitimate concerns peeked when I came to discover that a majority of the loans your firm is servicing originated for the benefit of an investor or consortium of investors.

    Evidencing a wire transfer at time of settlement is of no consequence for the rights of the successors and assigns under a mandatory forward commitment.

    You have in fact delivered the obligation to a secondary investor and that is made public in filings dating back to the time I received the mortgage.

    Due to the fractionalized interest held for the benefit of the investor’s under a forward or pass through arrangement I also understand the need to procure a nominee and therefore mandate a nominal interest be substituted for the true beneficiary.

    The matter now involves your firm which is unexplainably side stepping its authority under the accounting rules for FAS 140 set forth by GAAP and under the review of The Federal Accounting Standards Board.

    Your letter date May 21st 2009 in regards to the above referenced matter states amongst other things that I have breached the terms of certain mortgage documents and maintain a right to cure the delinquent status. The right to cure are reserved for a borrower against the lender under the statutory guidelines for the State and the rules of enforcement for a power of sale.

    Your letter fails to acknowledge my judicial right in the state of Arizona to cure the amount due by tender of payment to Bank of Alabama.

    Therein the correspondence concludes the lender has the right to accelerate the entire amount of the mortgage debt.

    You Sirs are not the lender.

    Rspectfully;

  12. boots here’s you> http://www.scribd.com/doc/30539257/Boots
    check to see if the loan number on those is the same ones on your Deed of Trust and go here> http://www.sos.ca.gov/business/notary/file-a-complaint.htm to file a complaint against the notary on your Trustee’s Deed for acting as a debt collector istead of a notary. Oh and whatever any of the companies try to get you to sign DON’T. I hope we can all team up together and gang up on them like they did on us.

  13. to all pro se,

    why not start with the documents you received from the pretender lenders, pretender trustees, foreclosure lawyers such as substitution of trustee, assignment of deed of trust, proof of claim filed in bankruptcy court , copy of your deed of trust and note submitted by the foreclosure attorneys, you could find all those documents are done within the office of the loan servicer or the office of the attorneys and were all signed and notarized by all those employees who have a financial benefits in order to foreclosed. in my case which is pending now in federal case in northern ca, i decipher all the mounting evidence that were “CREATED” BY THESE IMPOSTORS. I DID NOT CREATES THIS FRAUD DOCUMENTS THEY DID. examples the substitution of trustee was recorded and signed by Mary jane Sarne as VP of MERS making Quality loan servicer as the foreclosing trustee. so by recording that documents quality loan service, corp has the power to foreclose based on that substitution of trustee in a non-judicial state. here’s what i found out Mary jane Sarne is not an employee of MERS, INC, she is an employee from McCarthy & holthus as a trustee officer,this law firm represented as an attorney for Aurora in my BK case. the person notarized the substitution of trustee is a notary who works with Quality loan servicing as per state of ca notary public letter. another discovery is that Quality Loan Services, Corp. president s also a managing partners of McCarthy & Holthus which created a conflict of interest. it is all there in the computer, you could find all this information by searching the gogles. i spent a lot of time searching and reading about my case. i don’t know how a lawyer could defend this fraud for their clients. it was them who created those bogus documents . just like the Frankenstein who turn in against his inventor. Please, all Pro-Se, just start with the documents that you received from this ” IMPOSTOR” chances are they are all bogus.

Leave a Reply

%d bloggers like this: