SCRUTINIZE THOSE DOCUMENTS CAREFULLY!

Interesting comment submitted by Laura. We have been saying on these pages that virtually all documents are fabricated, and then submitted in support of an attempt by a pretender lender to pursue a foreclosure sale.
Nothing proves the point better than a document that is notarized without any signature. The further investigation by this homeowner indicating the possibility that the notary was actually signing the documents lends further support to the only reasonable conclusion that is possible to reach. Once you have eliminated all probable explanations and you have narrowed the choices down to one, that explanation, no matter how improbable, is the truth.

We have seen many documents  with the notarization in apparently proper form. In virtually all cases something was wrong. In some cases the notarization showed up on a blank document. In other cases the expiration date on the notarization seal proved that the document was neither signed nor notarized at the time it was alleged to have occurred. In still other cases the notarization was in one state of the union while the person signing (or allegedly signing) the document was in another  state of the union. And of course there are the cases where the notary states that the person signing is known by them to be an officer of a particular entity or corporation (like MERS) when in fact there is no way the notary could possess that knowledge.  And don’t forget the nearly universal practice of using unauthorized people  to sign documents on behalf of companies or entities that either don’t exist or don’t know these people are signing documents in their name.

The moral of the story is don’t trust anything about any document. A so-called original document is probably a fabrication. There are numerous reports which we have received showing that under the magnification of a $20 microscope the dots showed that the document was in fact printed and that the signature was printed along with the document. So when they come into court saying they have the original document don’t be so quick to accept that. Any good color printer can produce what appears to be an original document.

As an expert witness on the stand I have been asked to admit that I was holding an original document. I looked closely at the signature. I looked at the back of the page on which the signature appeared. There were no indentations despite the fact that nearly all pens in use today use some sort of ball point technology, which at some point in the signature would cause indentations on the paper that would be visible on the back of the page. I saw no such indentations and said so. In fact I said that this document looks like a fabrication recently printed and was in all probability not the original. The opposing attorney was not happy. But that is the way it is–I call it the way I see it.
Laura’s comment—

I love this: ” SHOW ME THE TRUST DOCUMENT, SHOW ME THE NOTE, SHOW ME THE ASSIGNMENT, SHOW ME THE INDORSEMENT, SHOW ME THE ACCOUNTING, SHOW ME THE CREDITOR ETC.” It’s my mantra as I research my loan :)

I am not in foreclosure (yet but likely eventually will be). This is in Colorado.

In 2002, refinanced with Creative Mortgage Funding (now defunct local lender), at closing, servicing assigned and/or loan sold to Ohio Savings Bank, which in 2007 became Amtrust, and in December was closed by the FDIC. FDIC recently “sold” (at 37% of face value) the servicing rights to Residential Credit Solutions, effective August 1st (and FDIC kept a 60% stake in the “consortium of three companies” that “purchased” these loans that will be serviced by Residential Credit)

Looking through copies of my closing documents, found “Assignment of Deed of Trust or Mortgage Deed” – it is NOTARIZED BUT NOT SIGNED.

Didn’t think you could notarize something that isn’t signed!?

Pulled copy of the assignment from Clerk & Recorder’s office. The Deed of Trust and that first Assignment are both recorded, same day, 18 days after closing. The assignment is IDENTICAL to the copy I have, except it is signed. Signature looks an awful lot like the notary’s actually… but it’s signed.

I’m looking at this piece of paper and thinking it is proof of something… proof of improper notarizing… reading Colorado statutes, I think it may be enough to get this first assignment invalidated. Am I thinking this correctly?

There are other oddities and discrepancies, but this one hits me in the gut as The Big One, the one I need to focus on. Suggestions?

FYI: Nothing recorded changing the name on the assignment from Ohio Savings Bank to Amtrust. No other documents of any type recorded on my loan. It’s NOT a MERS loan. It’s not Fannie or Freddie either, I do know it’s “owned by a group of investors” – the FDIC told me that but would not tell me WHO that group of investors is. Will be sending out QWR once Residential Credit Solutions is the (purported) servicer after August 1st.

42 Responses

  1. I do agree with all the ideas you’ve presented in your post. They are really convincing and will definitely work. Still, the posts are very short for newbies. Could you please extend them a little from next time? Thanks for the post.

  2. I live in Florida. MERS attempted to do a foreclosure on me, but I filed for bankruptcy and haulted the foreclosure. I went to courthouse to view foreclosure documents and discovered that attorney put in foreclosure documents that mobile home was not included in foreclosure. Only the property was being foreclosured upon. Can anyone tell me whether I can legally move mobile home and request title to mobile home?

  3. Just a quick follow-up…

    – Went to Clerk and Recorder’s office, and reviewed every assignment ever filed by Creative Mortgage Funding (initial lender). The signature of the then-vice president of Creative Mortgage Funding is DIFFERENT on most of these – in fact, I see a total of six distinctly different signatures on the 20 assignments that just went to Ohio Savings Bank/Amtrust. Some of them are assigned to MERS, and I suspect the signature of the VP on these is one of the robot-signers out there. The former VP now works as a VP of Sales for a different mortgage company.

    – There are only two notaries on all of these assignments. One of whom I know worked for Creative Mortgage Funding (how could she not see that it wasn’t her boss’s signature on some of these assignments?) and is still a registered notary in the State of Colorado (lives just a few blocks from me). The other notary was the owner of the company that prepared the loan documents (Loan Docs, Inc.) and is no longer a registered Notary in Colorado, appears that she now lives in Nebraska and may have a liquor license. Both companies show in the Secretary of State’s office as administratively disbanded in 2006 and 2007 for failure to file annual report and pay annual fees.

    As advised by Abby and others, I will be filing a complaint with the Notary division of the Secretary of State’s office before the week is out on both notaries, although I suspect they will only act on the complaint regarding the notary who is still registered.

    – Received notice in the mail today, August 2nd, only one day after they became supposed servicer of record, from the alleged new servicer, Residential Credit Solutions, notifying me that they are the new loan servicer. Sent QWR out today, too 🙂

    – Supposedly the NEW “owner” of my note is “Amtrust 2010 NP-SFR” – this is a LLC consisting of a “consortium” of Residential Credit Solutions (a debt collector in Fort Worth, Texas), CarVal of Minnetonka, Minn. (a private portfolio manager of undervalued and credit-intensive assets), and RBS Financial Products Inc. of Stamford, Ct, (a commercial real estate lender that purchases, sells and finances commercial and residential mortgage loans and other financial assets.) Oh, let’s not forget the FDIC, which has a 60% stake in this new LLC. Of course, none of this tells me who “owned” my loan prior to the failure of Amtrust Bank.

    – Met with the Investigator on Duty of the Economic Crimes Division of our local District Attorney’s office today, and showed him all the notary fraud/misconduct I found, including 40 other (yes, 40!) assignments that were never signed and/or notarized or both from BAC Home Loan Servicing (Bank of America) – thought maybe if I showed him one of the “big guys” he’d be more interested, than in going after some “little guys” who aren’t even in business technically anymore. Well, he was very polite, spent about 40 minutes with me, asked some good pertinent questions (“but what is the harm TO YOU…”), but ultimately, told me they don’t have the resources to pursue such stuff as this… implied that there really isn’t any “true” harm since people are going to pay their mortgages to someone or are going to lose their houses regardless of who signed what… then actually told me I shouldn’t waste my time and energy worrying about “other people” and “chasing shadows”… in other words, go away little girl. Obviously, he doesn’t know me very well.

    Ok, this wasn’t that “quick” of an update… but felt like sharing 🙂

  4. Can someone help me with the correct site for the FDIC Freedom of Information form, the one I had, had a lot of garbage on it.
    Thank you

  5. Thanks for comments everyone. Very helpful info.

  6. Colleen, a QWR is a Qualified Written Request, regulated under RESPA. It’s kind of like a debt validation letter but more. Just google “Qualified Written Request” and you learn more than you ever wanted to know 🙂 Don’t just copy/paste the first one you see – write it to fit YOUR needs and situation.

  7. looking for shapiro fishman cases in florida and where yo u are in
    your case

    also looking for signatues of michelle halyard
    and johnna miller

  8. What exactly is a QWR? Any answers appreciated and in what situations is is necessary?

  9. […] Fight Foreclosure Blog From “Trespass unwanted” 2010/07/31 at 3:02 pm […]

  10. http://theburningplatform.com/

    Value of a dollar is $0.05 cents!

    Well the $1 coin is still 100 cents.
    The quarter is still valued at 25 cents.
    The dime is still valued at 10 cents.

    Hey a dollar is equivalent to the value of a nickel!?

    Everything they touch is worthless are near worthless,
    no wonder they have to give themselves billions in bonuses
    just to get the equivalent of million dollar salaries.

  11. Here is the link to the California notary complaint form

    http://www.scribd.com/doc/35160869/California-Notary-Complaint-Form

  12. THE A MAN,
    I am there with you now.
    If we tried what they did, we’d be ‘under’ the jail.
    In the olden days, we’d have the gun and keep trespassers off.
    Now they set you up.
    I’ have an interest in your home and I’ll foreclose on you and you can’t stop me.
    Do you know? The law firm that foreclosed on me, that’s all they’d say!
    Our client has an interest in your home. They never declared me in default. Their client never did either.
    They were truthful in that matter, their letters would say they represent their client who has an interest in my home.

    Weird, the truth was right there and I thought I could declare not knowing them and keep my home. Nope, they are interested in your property ‘maam’, you don’t have to know them.
    They are trusted by your legal system. Let them file some documents that say you lost your rights, and some more that said you transferred your rights and then we’ll let them have your property ‘maam’.
    Nope, don’t need a meeting of the minds.
    Nope don’t need a contract.
    All they need to know is you have a home, and be interested in it.
    Well and they need enough money to perpetrate the crime.
    Yeah, sounds like RICO, but so what ‘maam’.
    When they finally got a mob boss it was over tax evasion, not what he did to the people he hurt.
    Don’t you read your history.
    He didn’t steal the White House, he stole your house, BIG difference.
    RICO matters when people have connections, you don’t have no connections, you as close as the dirt, walking on the land as a man or a woman.

    So stop your complaining and get outta thar befar the ‘sheriff’ arrives at yo doh step ta mayk sure you vay-cate da premises’.

    Light and Love

  13. I WOULD NEVER HAVE SIGNED THE CONTRACT IF I KNEW THE FOLLOWING.

    i was signing a hard money loan.
    that the so called bank was really in effect a mortgage broker and only interest was a commision that wasnt disclosed to me. he told me that real estate never decreases in price etc……

    have the judge read the deed of trust and contract and lets see how many years it takes for him/her to explain the contract.

    i will let the scholars fill in this blog to expand.

    1 million foreclosures this year. judge that puts you on the side of MILOSOVIC OF YUGOSLAVIA, if i dont leave my house the sherrifs with guns come.

    never again

  14. Laura- not to discourage you, but often, the QWR request will return you nil, ditto with FDIC

    I don’t know what state you are in or whether judicial or non-judicial foreclosure.

    It seems to me that you might want to ratchet up a notch your strategy. Since you are the sitting duck to them and they want to soon plink you off. Somehow–get yourself out from being a ‘sitting duck’.

  15. One more very important thing for you Florida folks–
    check to see if you have a Calif notary on your docs
    –as in the case of most, if not all, New Century Mortgage or Home123 Corp docs, such as mortgage assignments or deed assignments—they used Calif. notaries.

    So, Florida folks take note:
    it is illegal for a Calif. notary to notarize a ‘stamped’ signature
    (one example is the stamped signature of Steve Nagy, VP Records at New Century Mortgage and Home123 Corp)

    RE: Steve Nagy–some of us are trying to figure out how he can work for both companies, sign docs for both companies etc. (Home123 is a subsidiary of New Century, but they have two separate addresses and should have had two separate sets of executives)

    Look around on LL for my eariler posts on the names of the notaries which New Century and Home123 used.

  16. Listen All-
    these fraudsters are ferocious!!

    You all have to become really mean tigers!! Get your claws out!! Dig in!!

    So—if you suspect or truly know you have notarial fraud, notarial misconduct etc., find your state laws for notaries and find out the top cheese who is in charge of all the notaries. In Calif. there is a yearly Notary Public Handbook. In Calif. it is our Secretary of State who is in charge of notaries and they must register in their county.
    That county recorder’s office will have a copy of the notaries bond paperwork, and you can get a copy of that. In Calif. that county recorder also SHOULD have the notary journal which would be turned in after it is full or if notary no longer is a notary. In Calif. the notarial journal has the fingerprint of the person who is signing the notarized document (property related such as assignments)–this is the law. One can ask for a copy of the notary journal page with the thumbprint and signature (for a small fee).

    So check how it works in your state.

    In addition to making you complaint to the state AG, the DA and the FBI, make it to whomever in your state is top dog for being in charge of notaries.

    We have to ‘FLOOD” the law enforcement organizations and those in charge who are supposed to be in control of
    notaries etc.—-so all you REALLY need to get going on this—-then you let the judge know that you have made official complaints about the fraudulent docs, forgeries etc.

    PRESS it—ask to have 30-45 minutes appt. with your local DA to discuss ramifications for yourself and thousands of others. Forgery, fraud, fraudulent recordings, theft of your home…those are illegal acts people.

    If the fraudsters are down to printing on ink jet printers (yellow dots) to re-create the promissory notes??? Well—-

    Become a TIGER and show those CLAWS!!

  17. To Mike H and all:

    I have learned from others that ‘feeling’ for the impression left by your signature on a re-created promissory note (by printer or color copier) no longer is effective as some ‘re-creators’ fraudsters are now artificially making the impression by tracing over the signature with a pen or instrument.

    So—beware solely relying on feeling that ‘impression’

    I think this type of thing needs to be also reported to the DA, State AG and FBI.

  18. Anonymous & Ian:
    I’m working on a QWR right now, planning on asking for copies of all documents and a complete accounting of the entire last 8 years since I refinanced. Didn’t think of asking for *who* the servicer remitted payments to – thanks for that tip, the “entire securitization chain” as Ian puts it – I will do that 🙂 I’ve had ZERO luck tracking down the “group of investors” who supposedly “own” my note – suspect they no longer exist either, but eventually I’ll find out. I hope. I checked Edgar and could not find any trustee or PSA’s recorded/listed within the year before or after my refinance was originally closed. Of course, some of the smaller trusts aren’t required to be registered – could be mine was in something like that – but I don’t know.

    I’m behind on my payments (5 months unfortunately – seriously under-employed), but have not received a notice of default – not from the now-defunct Amtrust nor from the FDIC during the seven months they have been receiver – new “servicer” goes into effect on August 1st. Will be interesting in a way to see what happens then – I plan on sending the QWR immediately upon notification from them that they are my servicer. Hoping they fail to meet all the regulatory deadlines on every notice and response 🙂 Makes it so much easier down the line 🙂 Junk debt buyers fail miserably to respond when you ask for validation of debt… I’m expecting the same will be true of my Qualified Written Request for information.

    If the information from the Qualified Written Request doesn’t lead me to who actually “owns” my note, I’ll file a Freedom of Information request from the FDIC.

    I definetly need to research Quiet Title and processes for that a lot more. Have a feeling I’ll be going that route…I kind of hope so, cause that can be done at the County Court level. I’m comfortable with County Court and its rules procedures… going to the higher level courts kinda intimidates me 🙂 But I’ll never let them know that!

  19. Christine stated: “This seems like a no-win situation. Why bother if you’re just going to lose anyway? I hate to give up hope, but I’m tired of losing when the facts are right there in front of everyone but the powers that be just turn a blind eye to what’s really going on. I understand why people go postal now.”

    You fight because it is your right to fight. You fight because it is your home they are threatening to take. You fight even if you lose, because it makes them REALLY PAY to take your home from you. You fight because if you don’t, you will never know if maybe, just maybe, somewhere along the line you would have won.

    The biggest weapon these banks and lawyers and foreclosure mills have against us is our Fear of Losing. They know we are so afraid of losing that we (well most of us) won’t even fight. It’s why they get away with so much of the crap they pull in not only foreclosure cases, but junk debt default judgments (that’s a soapbox I’ll avoid getting on right now!)

    Fight not because you might win or lose, fight because it’s the right thing to do.

  20. Ian

    In the foreclosure actions, no one knows who will account for recovery. In securitizations, the servicer must remit payments to the trustee of the trust – and those payments must be placed in a “collection account” or “distribution account”. Not sure Laura’s loan was securitized – but if FDIC is telling her that a “group of investors” owns the loan – then it was probably securitized. Each securitization only has a finite amount of “investors” – the tranche certificate holders. If the Trust still exists – and any of those tranches still exist – (as discussed here believe the Trust is dissolved as the original structure has been dismantled – and only some tranches “falsely” survive) – then there still has to accounting for current payments submitted by the servicer to the Trustee (Collection/distribution account). But, very likely, the trustee is not receiving anything and accounting will show it.

    While we focus on false documents submitted after default, Laura points out that false documents where likely a part of the origination of the loan. And, the FDIC claims to know the “group of investors” – but will not divulge? FDIC should be informed of May 2009 TILA Amendment – which states that the creditor must now be divulged. Further, FDIC should know that QSPEs that allowed any intervention to support (and most allowed intervention during crisis) must dissolved and brought back onto the bank’s balance sheet.

    Laura should be checking everything from origination to present.

    I am not of the school of thought that says – if someone else paid your loan (by swaps or otherwise) that you no longer owe it. That thought never held with credit card default – in which collection rights are sold for pennies on the dollar. However, this thought should be used to help expose the foreclosure fraud.

    I am of the school of though that fraud was part of the mortgage origination, that fraud was/is part of the current payment collection process, that fraud was/is part of the foreclosure collection process – and that the victims should be made whole. And, I think we are getting closer and closer to exposing that fraud –

  21. Bill McAuliffe,
    Wise observation.

    You either ‘appear’ for your default judgment
    or
    You don’t ‘appear’ for your default judgment

    There used to be a time that if someone pulled you into court, they had better have a ‘darn’ good reason to do so, because courts would not infringe on your right to ‘not be sued’ by a fraudulent claim.

    Today, court is a elite club.
    Those appearing before ‘belong to the BAR’ or don’t belong to the ‘BAR’ and if the two opponents belong to the same BAR, they get to play a match of who outwits who with your home as the ‘ante’ (as in poker). If one opponent belongs to the BAR and the other appears in their capacity seeking relief too! Then GAME OVER, you should have hired a qualified opponent so they could outwit each other with your home as an ‘ante’.
    You know about ‘practicing law without a license’! You can’t come into their court and use their rules to tell them someone did something wrong to you!
    BUT you can’t come into court, unbonded, and expect them to see you and hear you either.

    We’re in a different world.
    I want no part of it, and when judgment comes, as the creation is not greater than the Creator, that BAR may have a whole ‘nother meaning for the acronym B.A.R.

    Courts are ‘supposed’ to be equitable courts, to maintain a balance, because life is supposed to imitate nature.
    But when there is an imbalance, whether it is too many of one species of animal, or too much growth of one type of plant, or overwhelming build up of energy in the skies, or an tension buildup of energy in a volcano or the pressure from sliding tectonic plates , that energy has to be released, or that imbalance has to be corrected.

    It’s built into the laws of nature. Our laws were ‘supposed’ to mimic natural laws. ‘charges’ and ‘discharges’

    An imbalance occurred in our laws, and since it is bound by natural law, a correction is ‘a coming’.

    So governments, elites, courts, judges, and attorneys will certainly realize the the correction occurs at the stress points of the imbalance.

    No worries mate, we get to watch.

    Those of us that are displaced are being prepared for the correction, and they think they can run to their holes in the ground and hide, or their buildings that they buried and hide.
    How are you going to hide from ‘nature’?
    No matter where you are, your feet touch the ground just like mine!
    An electrical charge generated by one source can’t just disappear and be discharged by another source.

    You generate it, it’s yours until discharged.

    Someone should have taught them a little more science than all that economics.

    The awakening happened when I told you I am not the label you gave me and you ignored me!
    Let’s see, Defendant, person, corporation, cestui que trust (ie Social Security), Inmate, Trustee (in lawsuits if you don’t correct the Defendant label) because they treat you like ‘you’ had a fudiciary duty to the ‘beneficiary’ (Plaintiff) and you failed to perform your fudiciary duties. Oh yeah, we know!

    As long as the creation does not know it’s the Creator, you can do that. But once the Creator tells you “it knows” who it is, and it knows what you’ve done, and you still do it, then GAME OVER!

    Oh yeah!

  22. Many so called “original notes” are actually color
    photocopies. A yellow magic marker will bring up the
    ink on an original and make it smear. On a color photo
    copy, the yellow magic marker will have no effect and will not “smear” the ink because there is no ink there.
    Feel for the “ridge marks” of the flip side of the
    signature page. If it is smooth, it’s a color photocopy.
    I have found that “color photocopies” are very often
    used to prove the case. They are counterfeits and their
    use is a criminal offense if presented as being the
    original.

  23. Forget about the notary rules. Forget about the signatures-
    The Electronic Recording and Delivery act (ERDS) has now allowed the MERS computer (That’s what it is) to “notarize” events- such as assignments- That never happened.
    READ THE LAW- THEN LOOK UP YOUR COUNTY CODES.
    The counties are passing laws that allow this to happen as long as the “Notary stamp” is on file.
    It completely obliterates what we have came to believe the act of notarization means.
    The notaries do not even know this, and it is being slowly fed into the systems, and you can find only a few completely in digital format, but they are doing it. No actual notary event is happening.

    False witness–Did God know about this coming?

    This does not mean you cannot declare a document forged as to the notary, if it was done “Old School”, (with a human) and lacks truth for whatever reason-you did not sign, papers switched etc.. ( my case)

    FURTHER, all the “Robo-signatures”, as Neil likes to call them.
    Forget all you ever knew about trying to authenticate the names….

    MERS is a computer using software that employs highly advanced logarithmic calculations, to distort a false signature each time it is applied. (FONT) The names you see signed, –yes there might be a human behind the name sometimes, but the chances are it’s an “Identity” created to sign the documents.

    Mr. Lin, in China who is the head linguistic software developer in the world, (Microsoft) pioneered this software that has allowed MERS to impersonate humans, I allege. (it was not his intent, he just works on the design)

    The MERS computer applies a distortion that is unique and varied each time to the “Font” that has been established for each identity—so as to trick the human eye into thinking they are seeing a true human signature, that is varied and slightly different of course each time it is signed.
    All the signatures DO NOT MEET ERDS code.

    All this talk about the signatures is failing to realize what has finally happened. MERS can impersonate humans, and can foreclose on 10,000 homes a day without any human interaction. It does not need a human, unless it is challenged

  24. To Bill McCauliffe- Bill, before you wash your hands of the entire affair, do yourself a favor (and everyone yet to come) by registering complaints, in writing to your county DA, the FBI, the AG of your state, let the county recorder know that your documents are forged, fabricated and improperly notarized, and then give them both barrels on the way out. Produce your documents calmly, and when finished, rant and rave. Download several key case cites. Don’t go without a fight!. Good luck and Godspeed. Regards, Ian

  25. I have given up. I never had any communication w/ BofA e.g. conversation w/ Attorney. i can’t afford an Attorney to handle stuff that was probably wrong in the original loan documents.After reading all of your horror stories, i think I chose the right course. my credit will be ruined; but that’s about all. Good luck to all of you. My Condo in Az. is set to sell Oct.1. I just can’t BELIEVE the way fellow Americans can treaat other “Fellow Americans”. 2011?….Watch Out! My Prayer?… I want any of these entities who performed illegally to pay for it; You know?…justice?…

  26. to Diana and All- observations such as yours, Diana, seem to be increasing in number, just in the last several weeks, on several blogs. While this seems to be further evidence of the desperation of those seeking to illegally foreclose, the here and now is that you shouldn’t sign anything. Call the people back and mildly threaten them (can you do that) citing you are in contact with your DA, the FBI, the DOJ, the state attorney general, tell them that the DOS is looking into the notarization of documents, etc. It WILL help, but do it, really, asap. I tell people that this mortgage mess is a 1000 page book, I am on page 500, but attorneys, judges, and the public haven’t opened the book yet. Godspeed and best wishes. Sincerely, Ian

  27. ANONYMOUS- while I don’t know what a remittance accounting is, I do feel that a complete accounting under RESPA? or TILA? would include all payments made on the borrowers’ behalf to everyone in the entire securitization chain. This would include cross collateralization, overcollateralizatiion, PMI, Tarp, etc. in other words whoever the money was received from. As Neil said long ago, (sic) …”if your wealthy aunt alice paid your loan off, even though you didn’t make the payments, your loan isn’t in default” I know that this isn’t the do-all end-all clarifying statement, but it offers an insight into what is going on here. Please comment. Thanks, Ian

  28. Diana,
    Unless you have some place to stay, I suggest you not sign into any contract with them.

    There is nothing, I mean nothing they can offer that benefits you.

    Beware of Greeks bearing gifts.

    From Aug to Sept 23, they have time to enter that judgment in computers maybe it will come up on your credit report.
    I found a place to live, an apartment, and they asked if I’d ever been evicted. “No.” (not yet) and they ran a credit report, can you imagine the amount of money they can slap on your credit report as owed in that time, and keep you from qualifying for a place to stay?

    And if there is a defect in their Aurora’s claim, you may end up handing them a victory unknowingly, thinking they had a change of heart and did you a favor.

    My only consolation is I filed the Notice as evidence in that forcible detainer. Let the courthouse destroy it in two years. It will sit in that case for all eternity. Yay!

    Forever and ever and ever, someone will be able to go back and say, Hey, she really was telling the truth, they stole her house!

    As a woman on the land, my word is my bond.
    YES, I told the truth, but your stupid court didn’t hear me because I didn’t exist when I walked in.

  29. Laura

    If you are not in foreclosure, please request a remittance accounting for all your payments – and to who the payments are forwarded – a recording since inception. That is, who does the servicer remit your payments to – and where is the accounting for those payments?

    Do not foreclose – right now – you have no idea who your creditor has been for all these years – you have no idea where your payments have gone. Demand accounting. Others will benefit by those who question where their current payments have been forwarded.

    Not an attorney – but sue for quiet title – and ask for help as to your current payments – ask to sequester them – until you know to whom they have been, and are are currently being, forwarded.

    .

  30. Also, in your pleadings or at hearings then you tell the judge that you have filed complaints with the DA, state attorney general and the FBI on the documents (forged, illegal notarial acts etc.)!! MY judge took notice that I did that!!

  31. Laura… GB U and Neil , well there you have it!

  32. Abby in CA,

    Abby is right on the mark regarding the forgeries and false documents – and that it should be reported to the state attorney general and FBI.

    Our US Government has failed us – we need to document every single complaint for fraudulent actions – and establish failure of agencies to enforce the law.

    And, write to your President – let him know that his appointments – especially Eric Holder – Department of Justice – has failed. Mr. Obama must take the blame – and act while there is still time- all will eventually surface If Mr. Obama does not do this -not only is his administration finished, but also Mr. Obama’s historical record is destroyed.

    Much fraud out there – time to speak up.

  33. Not Plaintiff failed to answer,
    Defendant failed to answer (sorry)

  34. Don’t forget to file a complaint (non-legal filing) with your local District Attorney, the state attorney general and the FBI if you believe there is a forgery on your recorded documents.

    Be sure to provide certified copies of the docs along with relevant details.

    Forgeries are illegal acts and notarial misconducts typically have specific laws which apply.

    Unless we all take the time to do this, the fraudsters will continue to get away with it all.

    I’ve asked for 45 minutes with our DA to discuss the implication of the forgeries—-essentially that the forgeries will effect hundreds, if not thousands of homeowners across the USA.

  35. I know nothing and if I think I know something I know nothing.

    AND I REALLY KNOW NOTHING!

    So I’ve been reading this site for over 8 months. There are things I try to do that is different from what others have done.
    I haven’t seen a post where someone really has figured out the key thing, and I know why.

    I tried something different and haven’t figured out the key thing either.
    FRCP RULE 60…Nothing!
    The clerk of the court sent a letter and it said.
    There are no new cases after an eviction.

    So it meant they did not look at it.

    I called and spoke to her, she said the judge would allow the Plaintiff to come in and get a ‘writ of possession’ 5 days after judgment. So today, the Plaintiff can come get the ‘writ’.
    As of this morning it was not delivered.

    Next thing I learned, is in my county if you Appeal, they will do it within 6 days.

    This is a big learning curve. I don’t want to learn law. I want to be a woman on the land with certain unalienable rights including the right to not contract with an entity I never had a contract with, and a right to not be pulled into a court as a Defendant in an action where all the documents are deceptive, fraudulent, and have gross elements of misrepresentation of status.

    I don’t want to sue, or argue, or have conflict, and I’m not going to change my mind on that.

    I said if they want it and can steal it they can have it.

    But even posters who have tried to help, there are two options. Contract with someone who forces you to, or appeal and learn the form of an appeal and get it right.

    The first I refuse to do, if there is a little right left, it’s a right to not contract even if you steal from me for refusing.

    It’s like a thief saying ‘give me your wallet and you say, no’ and he takes it. As bad as that sounds I still have that left..the right to say ‘no’.

    BUT the time and energy and sleep deprivation and job performance issues to prevent a skilled thief from taking your property is just too much!

    I have no idea how many foreclosures they did before they got to me, but I’m one woman, on the land, and there were “6” attorneys appointed as substitute trustee, any to act, and if they assembly line this thing they go in, sign documents, file, and do their damage and I’m out trying to stop people from filing agreements in the public with me as GRANTOR!

    Even the ‘freaking’ notice of sale said Grantor grants all that Grantor has stated in the Deed of Trust. (in so many words)
    right around where it said.
    no warranties, no merchantability, the property was offered “AS IS”, and there were statements of “at the purchaser’s own risk” and “at his peril”, and no representation is made concerning the quality or nature of title to be acquired.
    The judgment arrived yesterday in the mail, case was last Thursday, it said plaintiff failed to answer.
    Well I did an it was a jumble of thoughts and ideas, and lacked form and probably made her mad to have to read that. She could have set it aside, but I don’t know how to ‘fight’, and I don’t plan to learn.
    After the writ is issued, the clerk said a sheriff (a man with a gun) will sit on it for 24 – 48 hours and then serve me and tell me to leave, right then and there.
    Well I don’t have the skills to write an Appeal, and I suggest anyone going to court, to have their Appeal on them as if they are an attorney so they can file it as soon as the judge says, “they can take YOUR property.”
    Well she didn’t say that, but that’s what it feels like.
    I don’t want my unalienable rights to include a trespass and dispossession from a man with a gun, and lacking the skill for a decent notice let alone an appeal, I made the move to get out.
    I have two years to appeal, and by then, who knows what things will be like.
    I can’t be mad. But I will be more careful.
    Never again a 30 year…never again.
    I will NEVER file bankruptcy..so if that’s their ultimate goal, they can forget it.
    I can’t add any more I can see what’s happening and say what I see, but I’ll tell you the truth, I know nothing about how to fix, change, avoid, correct, reveal in a court, plead or anything.

    I REALLY, REALLY KNOW NOTHING.
    I got my ‘trespass unwanted’.
    Yes, I’m moving, found a nice place, closer to work.
    Will take a mental health break and see how to perform a decent appeal and not a rushed one, Glad I’m not creating this chaos.
    Where I’m going is better than where I’ve been, I’m so grateful for that!

    Light and Love

  36. Diana ,

    You are posting on July 30th about a deadline item for July 29th ,, it’s already past… I know nothing of your situation but I would never sign anything under duress and I wouldn’t trust any promise they tell you, even if it’s in writing they’ll probaby reneg or say the lender didn’t authorize it or something. If you think they will send a team in to evict you physically I’d prepare and rent a truck .. but I would also get competant counsel, borrow $$$ from anyone you can , family?? My guess is that they need to change the date anyway to fit their schedule and they’re just trying to see if they can get something out of you.

  37. It’s like they are used to doing this knowing that what they participate in must be a scam actually the biggest scam of humankind I believe and yet seem to have no fear. This IS a class 2 felony.

  38. Thanks for all your valuable information. I have a BIG question. Aurora’s attorneys have agreed to postpone the trial for an unlawful detainer they filed on me. But the catch is this: THEY WILL POSTPOSE THE DATE FROM JULY 29 TO SEPT 23 (WHEN I MUST GIVE THEM MY HOME)……………ONLY IF I WAIVE MY LEGAL RIGHTS TO A TRIAL.
    Can they do this? They are insisting that I sign this stipulation TODAY. I need help with this one please.

  39. In every single audit I’ve conducted, the documents are fabricated. They don’t exist prior to the foreclosure filing, and the document mills are in such a hurry that they make a lot of mistakes. The fabricated documents seem to be obvious to everyone on the homeowner’s side, but lately I’ve seen judges declare that the documents look fine to them and let the bank have the property.

    These are all valid points but until there is a breakthrough for homeowners, I don’t see how any of this is going to matter. No one cares if the documents are fabricated and many of these judges just think they should move them all through the system to get them off their desk.

    Until more people stand up, it doesn’t matter that the documents are fabricated or that fraud occurred, the homeowner is still just a “deadbeat” and will probably lose.

    This seems like a no-win situation. Why bother if you’re just going to lose anyway? I hate to give up hope, but I’m tired of losing when the facts are right there in front of everyone but the powers that be just turn a blind eye to what’s really going on. I understand why people go postal now.

  40. I also found something that seems improper regarding a notary. When I was checking county records, I found at least one document in which case the notary was alone on a seperate page, for no clear reason. How can that be allowed? If there is no name or signature other than the notary, who did the notary witness signing and what was signed. It just as well could have been done on a massive scale, and added to any document requiring a notary, same way a cover page is added, except on the back end (and less noticeable).
    Also, I’ve other docs. where “In still other cases the notarization was in one state of the union while the person signing (or allegedly signing) the document was in another state of the union.” cross-country (Calif-Mich-Nev.) at the same time. Is it possible each flew all the way to Vegas, just in case they needed to sign a paper? Oh but they would all have to go Calif. that’s where the notary is.
    My favorite is when a trustee holds a sale the day before the date published on their site. Then states on the Trustee’s Deed that the sale took place on the date stated in Notice Of Trustee Sale, or the properly postponed date. Which is false, and there was no notice for a sale held a day early (I’ve read the statue regarding subject matter- where a sale lacking proper notice can be void by any court of comp. juris.).

    I welcome any/all input on this.

    Thanks.

  41. The notarization of the document if fraudlent.

    I have a similar situation. My documents were signed, by me, by myslef, at home, and then mailed to the broker, who had them later notarized, they were stamped (ink) by the notary, but they were not sealed, with the impression seal, that raises the paper, and PA, my state, still requires those, both must appear on the document to make it valid. If one or both is missing it is a void document, plain and simple, there is questioning it, it’s either there, or it’s not.

    I filed a complaint with my states department of notaries, yes each state has one, and am still waiting on the decision from their investigation, which is taking several months now.

    I think this to be a good thing, because if it was fine, they would have already told me so and i would have moved on to the other blatant frauds on my loan. But something is obviously wrong with it, because they are still investigated the matter. Not to mention, they had to do several inquires, and then send a team to the notary, because the person refused to respond to their requests for information, luckily for me, that makes me more credible, and gets them in a heap of trouble!

  42. I checked the official documents recorded by a mill in my county, over 2/3’s had changes like photocopy error where it was off center, dates changed on notarized docs, notary signing in all of the blanks as the parties, same notary signing for the supposed lender.
    It seems as though they don’t care about the law. They are sloppy because no one calls them on it. It is easy to find mistakes folks. This site taught me how to inspect, and I am probably missing dozens of things I don’t realize due to ignorance.
    ignorance can be repaired, keep learning!

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