Guides

california-real-estate-guide-litigation-and-transactions

16 Responses

  1. Abby in CA, on September 17, 2011 at 10:26 am said:

    CALIFORNIA MANUAL FOR SERVICERS
    http://www.scribd.com/doc/65309895/CALIFORNIA-MANUAL-FOR-SERVICERS

  2. Fighting MERS in Ca, on August 1, 2011 at 9:10 am said:

    I think that everyone is missing the #1 problem MERS has in CA.
    MERS is a Non-Authorized Agent and cannot legally assign the Promissory Note, making any foreclosure by other than the original lender wrongful, for the following reasons.

    1) Under established and binding Ca law, a Nominee can’t assign the Note. Born V. Koop 1962 200 C. A. 2d 519[200 CalApp2d Page 527, 528

    2) On most Notes, the term Nominee is not included and MERS never takes ownership, making it unenforceable and unassignable by MERS.
    Ott v. Home Savings & Loan Association, 265 F. 2d 643 [647,648

    3) Ca Civil Code §2924, et seq. is exhaustive and a Nominee is never included as an acceptable form of “authorized agent” in a judicial or non-judicial foreclosure.
    Finally, GOMES V. COUNTRYYWIDE HOME LOANS, INC., 192 Cal.App.4th 1149, IS FLAWED!
    a) The Gomes case simply failed to address and apply the established and binding definition of a nominee.
    b) The first thing the Deed of Trust does is (i) take away MERS right to payments and (ii) take away the right to enforce the Note.
    c) REGARDLESS WHAT A BORROWER AGREES TO, a borrower cannot legally grant MERS the right to assign the note or any of the rights of the note owner.

    Source: https://sites.google.com/site/mersfatalflawsincalifornia

  3. Abby in CA, on July 24, 2011 at 11:32 am said:

    CALIFORNIA RECORDER’S MANUAL AND REFERENCE

    http://www.scribd.com/doc/60797976/CALIFORNIA-RECORDER-S-MANUAL-AND-REFERENCE-GUIDE

  4. Abby in CA, on July 11, 2011 at 12:05 pm said:

    LEGAL PROFESSIONAL’S GUIDE TO REMOVING CASES TO FEDERAL COURT

    http://www.scribd.com/doc/59806117/The-in-House-Legal-Professional-s-Guide-to-Removing-Cases-to-Federal-Court

  5. Abby in CA, on June 14, 2011 at 6:14 pm said:

    IF YOU WANT A COPY OF THE CALIFORNIA UD JUDGES BENCH GUIDE–

    SEND EMAIL TO CARRA2009@GMAIL.COM

    AND HAVE IN THE SUBJECT LINE ‘SEND UD BENCH GUIDE’

    THIS IS COPYRIGHTED AND I AM NOT ABLE TO POST IT ANYWHERES. I WILL SEND TO YOU VIA EMAIL.

    THIS IS WHAT THE UD JUDGES USE IN CALIFORNIA.

    HAS CITATIONS ETC.

    REMEMBER IF YOU GET A UD SUMMONS AND COMPLAINT IN CALIFORNIA…YOU ONLY HAVE 5 DAYS TO FILE A LEGAL RESPONSE. UD MOVES FAST VERY VERY FAST…..

    TRY NOT TO LET IT GET TO THE STAGE OF THE UD. THIS MEANS THE TRUSTEE SALE HAS ALREADY OCCURRED AND YOU ARE NOW VIEWED AS A ‘TENANT’ TO THE NEW OWNER.

    ALSO, GO TO COUNTY RECORDER OFFICE AND GET ALL RECORDINGS RELATED TO YOUR PROPERTY AND SCRUTINIZE CLOSELY. SINCE CALIFORNIA IS NON JUDICIAL FORECLOSURE STATE…ALL THE RECORDINGS HAVE TO BE PROPER, LEGAL AND IN THE RIGHT ORDER.

    GET A LAWYER

  6. marina, on April 16, 2011 at 4:39 pm said:

    The link offered is not working….Please post up dated link. thanks

    GUIDES:
    california-real-estate-guide-litigation-and-transactions

  7. Charles Cox, on March 23, 2011 at 3:55 pm said:

    Send me your email and I’ll send you a list.

  8. ritchie, on March 21, 2011 at 8:28 pm said:

    i live in los angeles and desperately need an attorney to file injunction and stay order immediately my home will be on 4th attempt of foreclosure at trustee sale can someone give me a referral to a good lawyer in the valley?

  9. John, on March 20, 2011 at 3:38 pm said:

    Can anyone direct me to a a letter that is used to despute CREDIT agencies reporting of late payment and adverse FiCO scoring. Based on the Lender/ Trustee/servicer not being the Holder in due course …..or ?

  10. Abby in CA, on March 4, 2011 at 8:20 am said:

    EVERYTHING YOU EVER WANTED TO KNOW ABOUT LIS PENDANS OR A TREATISE ON LIS PENDANS LAW

    http://www.scribd.com/doc/50024333/A-Treatise-on-the-Law-of-Lis-Pendens-REDUCED

  11. Charles Cox, on January 21, 2011 at 7:28 am said:

    Dee,

    It is never too late. A number have had sucess at the UD stage but till daunting here in California.

    Lis Pendens is an improper term in California, they are called “Notice of Pending Action” now and can be recorded (not “file”) by an attorney without court approval. To do one yourself; assuming you have a case pending, you can record one yourself but you need to get Court approval.

    You you really need an attorney and get competent legal advice

    Send me an email and I’ll send you a list of attorneys that might be able to help.

    I am not an attorney and none of this is construed to be legal advice.

    Charles

  12. Dee, on January 21, 2011 at 12:11 am said:

    Need a honest straightforward answer/opinion.
    UD served in Sept 2010. Because of lack of a LRG amt of funds needed to fight the bank, I was advised to settle. Stip given for me to sign to move out of home. If I don’t, bank will activate eviction on Jan 25 2011. Is it REALLY too late? Can I refuse to sign and file a lis pendens by myself on Monday? Located in Sac, Ca

  13. David Chey, on April 30, 2010 at 11:16 pm said:

    To see state of Criminal Corruption of the public Superior Court System, in Orange County California, visit http://kareemsalessi.wordpress.com/ Mr. Kareem Salessi ROTHSHILDE / ROCKEFELLER AND OTHER ORGANIZED CRIME FAMILIES and his documentary on his becoming a victim of this CRIMINAL CABAL.

  14. paul cohen, on March 1, 2010 at 6:08 pm said:

    I would like to setup a group of attorneys who would defend home owners who have proven through a forensic audit that the original loan docts have problems and that they have a defense to obtain an agreesive loan workout
    I would like to know if there are attorneys out there that woul would do this on a limited contingency basis??

  15. Lynette, on March 21, 2009 at 10:52 pm said:

    Alisa,

    You need a detailed forensic audit of your mortgage payments and escrow account on your mortgage – someone who will look at the original note and then your payment history and how your lender applied your payments on their books. A great source to tap into is the Association of Certified Fraud Examiners (www.acfe.com). A third-party auditor can serve a demand to validate the debt on the foreclosing party as well, thus stalling any further action by the lender for at least 30 days. Also, look on the “Find a Lawyer Who Gets It” tab on this website and find someone close to where you live. Many attorneys offer a free consultation.

  16. Alisa Dove, on March 19, 2009 at 11:19 pm said:

    HI, I am a homeowner outside of Sacramento. The jr.lienholder foreclosed on my home and now I have been served an eviction. I was NOT in default with them. I am NOT in NOD status with the first. How do I stop the eviction in 5 days so that my daughter and I are not out on the streets? I am begging for help at this point. Thank you.

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