GOING AFTER THE NOTARY, STEP BY STEP

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EDITOR’S NOTE: Here is a good place to start — the devil is in the details. You will find that the more you probe the more people and bad documents emerge. Persistence pays. Here is a letter that one homeowner just sent to the notary. The thing I like about going after the notary is that they are low-hanging fruit for homeowners.

First of all there is that SURETY bond which varies from state to state but frequently amounts to $15,000 more or less. That makes the inquiry worthwhile if you discover anything material, which probably is the case.

Second, it forms the basis for a complaint to the licensing board for the notary where you already have one violation established and the other alleged: that they appear to have notarized the signature of someone they never met or they allowed someone else to pose as a notary and impersonate the actual notary while the signatory on the fabricated document was impersonating yet another person.

THIRD, THE MORE COMPLAINTS THAT GO OUT AGAINST THESE FALSE NOTARIZATIONS THE MORE LIKELY THE NOTARIES ARE GOING TO DODGE CRIMINAL ACTION BY SINGING THEIR HEARTS OUT.

Fourth, the more holes you punch into the foundation of a document, the less likely it will be admitted into evidence.

I like it. It has teeth. John Stuart is a great resource on Notary issues.

August 22, 2011

Via Certified Mail #7009 0820 0001 9260 0787

Rhonda Rorie

C/O Cal-Western Reconveyance Corporation

525 East Main Street

El Cajon CA 92020

RE:  Notary Journal Entry Request

Dear Ms. Rorie,

Your notary commission expired on May 16, 2010, therefore, pursuant to California Government Code Section 8209, Within 30 days from the date the notary public commission is no longer valid, the notary public must deliver all notarial journals, records and papers to the county clerk’s office where the oath is on file.  If the notary public willfully fails or refuses to do so, the notary public is guilty of a misdemeanor, and shall per personally liable for damages to any person injured by that action or inaction. 

According to the San Diego County Clerk’s Office, you have not delivered the required documents to their office and are in violation of the above referenced Government Code.

Therefore, pursuant to California Government Code Section 8206c, I am hereby requesting through an official written request for a photo static copy of a transaction in your notary public journal.  The requested transaction is as follows:

Notice of Substitution of Trustee

Executed by Pamela E. Campbell, as Assistant Secretary of MERS

XXXXXXXX, Trustor

Acknowledged on March 23, 2009

Finally, pursuant to California Government Code Section 8206c, you are required to respond within 15 business days after receipt of this written request.

You may mail the requested information to my attention;

HOMEOWNER NAME

ADDRESS OF HOMEOWNER FOR RECEIPT OF LEGAL BUSINESS

Thank you for your immediate attention to this matter.

Sincerely,

HOMEOWNER

23 Responses

  1. DID YOU EVER GET THE INFORMATION ON PAMELA CAMPBELL, I HAVE THE SAME ISSUE, EXCEPT SHE DOESN’T USE THE MIDDLE INITIAL, AND THE DOCUMENTS ARE APPEARENTLY SIGNED EXACTLY, EXACTLY THE SAME ON TWO DIFFERENT DOCUMENT, DATED MONTHS APART, NOTORIZED ON THE SAME DATE AND BY THE SAME NOTORY, DAYANE MONROY. THESE DOCUMENT DATED MONTHS BEFORE THE NOTORY STAMP AND STAMPED ON THE SAME EXACT DATE AND FILED AT THE RECORDERS OFFICE ON THE SAME DATE. THE NOTORY IS ALSO AN EMPLOYEE OF CAL-WESTERN RECONVEYANCE. DO YOU HAVE A COPY OF PAMELA CAMPBELL SIGNATURE

  2. The Notary Handbook can be found online for most States. Make sure you select the handbook for the year the document was signed…..e.g.

    …..ca notary handbook 2005 or 2006 etc. The handbooks change every year buy new legislation

  3. There is a mistake in this letter…..which I’d like to have the author clarify since this is a California Government Code…..

    “Finally, pursuant to California Government Code Section 8206c, you are required to respond within 15 business days after receipt of this written request.”

    8206(c) says nothing in regards to a 15 day period to respond after receipt. Please direct me where I can find this info in California Codes.

  4. I have been telling EVERYONE this same thing for a couple of years now. It is about time that someone noticed!! And I said the exact reasons, it is easier to go after the notaries and they are the “low man totem pole”

  5. […] 22 Aug MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR'S NOTE: Here is a good place to start — the devil is in the details. You will find that the more you probe the more people and bad documents emerge. Persistence pays. Here is a letter that one homeowner just sent to the notary. The thing I like about going after the notary is that they are low-hanging fruit for homeowners. First of all there is that SURETY bon … Read More […]

  6. what do you mean “useless if discharges are invalid”?

  7. tnharry

    Take a pill?? Think you need a vacation.

    Quiet title?? Useless if discharges are invalid. And, TN — they are — next big shoe to fall.

    TN — very sorry if posts here affect your business profit. But, we are here for the truth — not your business profit.

    No one knows WHO they are representing – not even the ATTORNEYS who claim to represent stated foreclosure plaintiff – and, likely not even the servicers — certainly not the trustees. Or, they know, and refuse to divulge. Nothing is the way you would you like it to be – as you currently believe..

    Look, take a late summer vacation, relax, and reflect on expanding your views — too narrow.

    Enjoy the last days of summer!!! My best —

  8. …and the BEST way to prove “lack of standing” is…?

  9. Take a pill Nancy. You agreed with me and then went crazy posting again. Marilyn’s ultra vires contracts don’t matter. 90 day Temporary lenders don’t matter. “Robo-firms” don’t matter. Carie’s “no loans” don’t matter. Notaries don’t matter.

    Quiet title is the best thing going right now. Bring the site back around to a clear purpose. Integrate all of that stuff into if you want, but simple and short is always better.

    Show that the current entity attempting to foreclose lacks standing, parlay that into no one has standing, quiet title, and you’re there. What Neil’s never really explained is the last and potentially most important step – dealing with the remaining unsecured debt. If I’m representing the bank, I sue to collect that debt, record my judgment, and then I have a clean as a whistle lien. The key will be getting the quiet title and then properly defending the collection suit to prevent the unsecured debt from becoming a secured judgment lien.

  10. If you represent clients share with us how you secured copies of the funding in which the mortgage note owner c/o some institutional investor’s underwriter paid for the ‘mortgage note’ loan which was forward sold by the Temporay Lender? Did that help in court?

  11. Where are your comments tnharry about the TEMPORY LENDER 90 Days or less. A fact not a distraction. Where is the ‘deed’ passing the right to the TEMPORARY LENDER to claim rights to the DEED OF TRUST? The mortgage-back note? Does it matter legally that the promissory note is miss labelled?

  12. Neils suggestions are not global one fix for all. If one person benefits from looking up and becomming knowledgeable about their state, and their rights as a consumer they will learn its not OK to trust the ROBO-FIRMS switch board who will tell them the SUMMONS oh that’s a mistake don’t worry about it.

  13. Why are you not discussing the value of the signature of the attorney in fact on an Assignment which deceptively assigns robo-firm privlege to collect 90+ day old debt?

    Lis Pendens valuable why are you not discussing the attorney who rubber stamped the Lis Pendens notice of law suit affixing a lien on the public record which is done PRIOR to the foreclosure and which the non-judicial states consumers can work with?

  14. tnharry wish you would use your knowledge to tell how to fix this mess.

    Brian, on August 22, 2011 at 11:45 am said:

    For any of you victimized by T.D. Service Company; look to the documents for forgeries on the attorneys statements of fact and the notarized docs; specifically, the signatures and dates. Also; it is critical to examine the documents they send you that are not recorded, as they contain valuable information. The DVL may have parties you have never heard of that they will not record. Look for photocopied inserts to install signatures inside of the photocopied documents recorded. And try to remember, they don’t represent who they claim to, and if they are after you, it is because the entity they represent can not come after you. You will also find they mix up paperwork and notarize documents using forms for one state and record them in yet another, when actually creating them in another still. They hire attorneys that are the low end of the pole, and they have admitted they run a forgery operation to create documents to foreclose in my state.

    T.D. Service Company’s notaries are good targets because California law calls their actions to defraud anyone on a 1-4 family home as a felony.

    If someone has begun a site to collect information about them, I am not aware of it, but I would be happy to contribute my 2 years of experience.

    Nancy Drewe has found a huge trove as well. It appears to be a criminal organization, but I am not a prosecutor or attorney.

  15. tn harry absolutely agree. But if you are in foreclosure you can use the COTA later not before you prove they don’t have standing.

  16. Neil’s giving questionable advice about going after notaries and Nancy Drewe is chanting “go after the mills”, but neither of those will accomplish the desired results. Neil and Nancy should go back and review older postings. The only plan that nets the goal sought after is quiet title. Chasing notaries is a way bigger can of worms than is suggested. Chasing the mills doesn’t accomplish much since they don’t have the cloud on the title. If it’s “scorched earth” you want, then do all those things. If it’s your house you want, don’t be distracted. Commenters accuse me of trying to distract and confuse the issues as a bank shill, but today it’s two of the major players on this blog who are taking the wrong fork in the road.

  17. START WITH THE FORECLOSURE MILLS LIKE AZTEC FORECLOSUE CORP

    http://livinglies.wordpress.com/2011/08/17/aztec-foreclosure-corp-antics-analyzed/

  18. Temporay Lenders are the Nominee for the Owner of the Mortgage Note already purchased prior to borrower signing morgage promissory note. At the time the borrower signes the mortgage promissory note, the transactions all recorded inside DTC, NYSE, NASDAC, for the mortgage broker took your property thru the computer screen and sold the mortgage note inside of private pipelines through which FIDELITY’s CLOUD and intetrated network of vendors FIS (FNF, LPS, TD, LSI, MERS, eLynx, CTS-Link, ServiceLink, …) sell subscriptions to members / subscriblers through which unrelated transactions are recorded and ‘deposits’ lots of ‘deposits’ lots and lots of deposits are generated allowing institutional bankers and institutional investors to launder money in the largest ponzi-scheme of 21st Centruy.

    Mortgage note attached to the DEED OF TRUST was purchased and the note was separated from the debt, and what you signed was a promise to pay whoever claims they are the holder of the debt or they will take the DEED OF TRUST held in your name.

    Did you know when you signed the ‘mortgage promissory note’ that the lender was temporay maximum 90 days, and that the agreement was RETAIL with SERVICER not Lender.

    The become the LENDER after a 90 day default for they have to advance the funds in the event you are late. But big problem. Neither the owner of the mortgage note nor the lender of the funds advanced are recorded lawfully. So who do you let take your property and repurchase it as REO property now giving the ‘mortgage note owner’ the claim to the title they never had?

    You signed with the SERVICER responsible for collecting money for 90 days allowing money to be laundered as cash deposits thru pass thru agency, of the ‘temporary lender’ who acted in collusion in ponzi scheme a real one and bypassed Patriot Act regulations to record transactions in accordance with Patriot Act. Know what was not required to be recorded in this manner? Money related to residential transactions. GIVE ME LOANS and I’ll give you lots of rewards and move the cash deposits for me so that we don’t have to record in accordance with Patriot Act. SO SUCCESSFUL and profitable we now know.

    Insurance underwriting is big business – just ask Warren Buffett, who for years has used insurance and reinsurance premiums to fund his investments at Berkshire Hathaway.

    Temporary Lender (for maximum 90 days) becomes Master Servicer when PSA closes and will service GROUPS OF NOTES for ‘Issuing Entity’.

    The insurance you purchased during a refinance will be a Lenders Policy insured by Monoline Insurance Company and the risk will be subordinated with the local title agency.

    The parent of the Monoline Lender works with owners of mortgage notes and issues Fidelity Bonds and Error & Omissions Policies on other investments in which the mortgage notes are resold as collateral slicing and dicing.

    Transactions as recorded with County Clerk and County Recorder, were they lawful or unlawful?

    The mortgage note allowed an undisclosed third party to take possession of the property by deceptive acts.

    The undisclosed third party was not the party recorded on the mortgage backed note. When you signed the promissory note you may have been told the loan was already sold and given a goodbye letter. Or you were told nothing. But the party the loan was sold to is not the owner of the mortgage note, is only the Temporay Lender to be named as Master Servicer.

    The promissory note you signed with the party called LENDER was only a temporay lender and the one who launders money for the owner of the mortgage note. You thought the money was for the prior loan to payoff? NOPE.

    Who will be named in the event of a default?
    The only assignment recorded with the County Clerk was the Temporary Lender, and they are selling the right to collect the bad debt to a third party and will record that assignment. However did the party have the right to do so? Where is the authority to take the loan and resell the loan when the mortgage note owner is not named?

    YOU DON”T KNOW WHO anybody is. Unless you get a copy of the evidence – the moving of cash transacton between the institutonal investors’ underwriter agent the account holder who deposited funding into the seller of the loan’s treasury and that party is named as the temporary lender. And the ‘evidence’ sits in every bank attorney/closing agent files – copies of the depoists into the checking accounts of the settlement agent, etc which do reference in the ‘Remitter’ ordered by xxx and loan# which connects the transactions to you and the temporay lender.

    What Does Temporary Lender Mean?
    A mortgage lender that sells the loans it originates into the secondary market shortly after closing, as opposed to holding the loans in portfolio. Most lenders are temporary lenders.

    These lenders have a few options when selling loans.

    Security dealers may be willing to purchase the loans for the purposes of securitizing the assets for resale to investors.

    Other lenders may buy the debt and hold it in their portfolios.

    The temporary lender may also sell its loans into its own trust, as part of a securitization process.

    Temporary lenders make money in three primary ways.

    First, they charge fees to the borrower.

    Second, they originate loans at interest rates above par value which allows them to sell the loans into the secondary market for a premium price (the loan is worth more in the secondary market than the actual principal balance of the loan because of the above par interest rate).

    Third, depending upon the slope of the yield curve, they earn a warehouse spread for the time in which they are the holder of record of the loan (the interest rate on the loan is higher than the interest rate at which the lender borrows money to fund the loan – this spread is earned until the loan is sold into the secondary market).

    The ‘Mortgage-backed note’ promise to pay is what you signed.
    A type of promissory note associated wtih a particular mortgage loan.

    Mortgage-backed notes represent promise to repay a mortgage loan to somebody.

    These mortgage backed notes specify terms of the loan, including amount of interest and principal to be repaid.

    Creating an obligation of the borrower to make payments.

    The Mortgage-backed notes are not lawfully recorded in the name of the real owner rather in the name of the owner responsible to pay if you don’t pay.

    The mortgage note owner already busy laundering money and busy creating additional financial products reselling the mortgage-backed notes. Only possible by the way if the Monoline Insurnace Company issues a guarantee in the form of ‘credit wraps’ in mortgage backed securities and collateralized debt obligations and insure the ‘mortgage notes’ placed into the ‘Issuing Entity’ are performing for maximum 90 days. Credit Enhancement includes ‘Master Servicer’ selling servicers portfolios of loans inside the Issuing Entity are required to pay the non-performing loans that were inside the ‘FWP’ prior to the PSA closing

  19. HOW WILL YOU FIND OUT WHO THE MORTGAGE NOTE OWNER IS?

    HOW WILL YOU FIND OUT WHO THE ‘TEMPORY LENDER’ SOLD THE SERVICING RIGHTS TO COLLECTG THE LOAN TOO?

    HOW WILL YOU KNOW THE PARTY WHO YOU ARE TRYING TO NEGOTIATE WITH IS THE PARTY WITH AUTHORITY?

    WHO IS THE OWNER OF THE MORTGAGE NOTE?

    THAT OWNER IS ‘NOT’ RECORDED IN THE ASSIGNMENT FILED BEFORE PSA CLOSED. THE MORTGAGE RECORDED IN COUNTY CLERK OR COUNTY RECORDER’S PUBLIC OFFICE IS THE ‘TEMPORAY LENDER’

    WHY TEMPORAY? FOR UP TO 90 DAYS,
    THE TEMPORARY LENDER COLLECTS PAYMENTS FROM YOU UNTIL THE PSA CLOSES.

    THE PARTY STANDING WITH THE BAD DEBT IS NOT THE OWNER OF THE MORTGAGE NOTE. SO UNLESS THEY COME AFTER YOU FOR THE ‘CURRENT’ DEFAULT, YOU DON’T OWN THEM THE ‘DEED OF TITLE’.

    BEFORE THE COURT IS A THIRD PARTY WHO IS NOT THE ‘OWNER OF THE DEFAULT DEBT, AND USES THE DEFAULT TO CLAIM THEY ARE THE OWNER OF THE MORTGAGE NOTE’.

    ANYONE CAN CLAIM THEY ARE THE OWNER BECAUSE THE REAL OWNER IS NEVER RECORDED.

    ALL OF THE ‘DEBT COLLECTORS’ HIRE THIRD PARTYS
    TO FILE DOCUMENTS WITH PUBLIC OFFICES AND THE COURTS.

    THE THIRD PARTY WILL FILE LIS PENDENS. THIS IS A LEGAL DOCUMENT AND THE PARTY WHO SIGNED THE LIS PENDENS IS SUPPOSE TO BE ATTORNEY OR WHY WOULD AN ATTORNEY NAME BE RUBBER STAMPED?

    THE LIS PENDENS IS HOW DEBT COLLECTORS AND CONTRACTORS PLACE LIENS AGAINST PROPERTY, THE DEED OF TITLE SO YOU CAN’T SELL THE PROPERTY UNTIL THE MATTER IS RESOLVED.

    FOR 90 DAYS, THE MASTER SERVICER TRACKS THE DEFAULT AND THE ROBO-FIRMS ARE ENGAGED TO FILE LIS PENDENS, ASSIGNMENT, COMPLAINT AND STAND BEFORE COURT CLAIMING THEY ARE THE PARTY WITH STANDING REPRESENTING THE ‘SUBSITUTED THIRD PARTY’ ALL WHO HAVE NO PERSONAL KNOWLEGE OF WHO THE OWNER OF THE NOTE IS.

    THE OWNER OF THE NOTE IS NOT THE ‘ISSUING ENTITY’ C/O REGISTRANT A PASS THRU AGENCY OF THE INSTITUTIONAL INVESTOR UNDERWRITER.

    THE ASSIGNMENT FALSELY CLAIMS THE ‘TEMPORARY LENDER’ ASSIGNS TO THE THIRD PARTY, C/O LOAN TRUST (IN JUDICIAL STATES) AND IN NON-JUDICIAL STATES THEY DON’T DISCLOSE WHO THEY ARE AND JUST TAKE DEED OF TRUST.

    IS THE ONE COMMON DOCUMENT FILED THE LIS PENDENS?
    THE PARTY WHO SIGNS THE LIS PENDENS THE ATTORNEY WHOSE NAME IS RUBBER STAMPED AND HAS NO PERSONAL KNOWLEDGE WILL CALLED INTO COURT WILL HAVE TO REVEAL UNDER OATH THEY SIGNED THE LIS PENDENS OR REVEAL THE SWEAT SHOPS ROBO-SIGNING.

    IF THE FORECLOSURE SUMMONS NOT ISSUED, AND THE LIS PENDENS FILED, GET COPY, AND GET ATTORNEY QUICK AND AND SUBMIT INJUNCTION – CEASE AND DESIST UNDER ALL OF THE CONSUMER PROTECTION LAWS YOU CAN FAIR DEBT COLLECTIONS ACT, HOPEA, ETC. FOR I’M NOT AN ATTORNEY AND I DON’T KNOW LEGAL THINGS EVEN IF I THINK I DO, BUT I LEARNED IN SCHOOL WHEN AN ATTORNEY SIGNS A DOCUMENT THERE IS A DUTY, OATH OF THAT DEBT COLLECTORS LAW FIRM AND EXPECTATION BY THE PUBLIC OFFICES THAT THE CLAIMS ARE TRUE. MAKE THEM PROVE THEY ARE LAWFULLY COLLECTING THE CURRENT DEFAULT DEBT, AND MAKE THEY SQUEAK OR BE SUBJECT TO PERJURY THEY ARE NOT WITH RIGHT TO THE DEED OF TRUST THAT OWNER STILL AN UNNAMED PARTY AND THE ONLY PARTY WHO CAN LAWFULLY COME FORWARD.

    GET EVIDENCE THE PARTY CLAIMING TO BE CREDITOR RECEIVED ALL OF THE PAYMENTS. MEANWHILE, GET A COTA, CHAIN OF TITLE REPORT, AND I PERSONALLY SUGGEST FOR I DON’T KNOW OF ANY OTHER AND I AM NOT ASSOCIATED WITH LL’S , THE LUMINAQ.COM ‘WHAT TRUST AM I IN’ YOU DON’T NEED THE SECURITIZATION AUDIT UNLESS YOU JUST WANT TO GET FAMILIAR AND GET UP TO SPEED. THE REPORT IS NOT EVIDENCE ACCEPTABLE TO COURT. THE EXPERTS WHO CREATE THE REPORT IF NEEDED ARE VALUABLE. TAKING THE REPORT TO AN ATTORNEY WHO DOES NOT UNDERSTAND THE HARMS YOU ARE SUBJECTED TO WILL NOT UNDERSTAND THE REPORT. MEANWHILE, GET EVIDENCE.
    VALUABLE EVIDENCE, WHO PAID TEMPORAY LENDER DURING ORIGIANTION WILL LINK THEM ALL TOGETHER TO YOUR LOAN AND LEAD BACK TO ‘MORTGAGE NOTE’ OWNER.

    Temporay Lenders are the Nominee for the Owner of the Mortgage Note already purchased prior to borrower signing morgage promissory note

  20. This isn’t the low hanging fruit, it’s the rotten fruit already on the ground. These are low level employees who maybe didn’t know any better or were doing what they were told. It’s not as if they themselves benefited from any of the misdeeds. And don’t mislead the readers – sending a letter does not equal a $5000 or $15000 check on the surety bond. You still have to establish not only that you’ve been damaged, but that the notary caused your damage. It’s far from the easy, automatic check in the mail this article would have you believe.

  21. That letter looks great. Are the laws between states in reagrds to notares identical? If not where do we go to finds what laws would apply to notaries in the state of Florida?

  22. With this line of ‘good thinking’ what about the Lis Pendens filed before the complaint was filed. The notary – Power of Attorney – of the very robo-firms’ attorney who rubber stamped the Lis Pendens?

  23. Been through this already

    Ga does not require a bond

    The notary in ny situation did not respond to 2 complaints. His notary license was revoked after he dis not respond to the complaints. These sometime notaries got their license no doubt at the behest of DOCx. What do they care if they lose their license(s). Not much.

    As for low hanging fruit for the homeowner, how do you find these people. It isn’t easy to go from one state to another chasing these low lifes if you don’t have alot of resources

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