CEASE AND DESIST LETTER


CEASE AND DESIST LETTER


  • (This Information  below is provided to you free of charges. We only ask of you to make a donation to help us stay the course in helping homeowners). Please replace or remove the highlighted(red) areas  Put in your information.


CEASE AND DESIST


 

Violation: Assignment of Security Instrument to Servicer,
not to Secured Creditor

 

CEASE AND DESIST FORECLOSURE PROCEEDING 

TO:                                                                       Certified Mail # _________________                                                                                            Your Current Lender Here                                                                                                                                                                       Your Lender Address  your Lender City, State & Zip Code                                                                                                        


TO:                                                                      Certified Mail # _________________
Your Trustees Here      
Your Trustee Address Your Trustee City, State & Zip Code


Reference Property: Your Address Here

Reference TS # Your Trustee Sale # Here

a) Violation of Notice Requirements, and/or
b) Violation of State Civil Statutes, and/or
c) Violation of Criminal Statutes,

This is a demand for a cease and desist of foreclosure proceedings because you are violating the state statute. See attached evidence (attach a copy of the document if you can) from the County of Records website which indicates that the loan is in Your Lender Here a dissolvement of registration with the Secretary of the State of California since Date of Dissolvment Here and never re-registered or was, Suspended or forfeited.  This means in most cases you will find that these entities can no longer transact business in California and cease to exist notifying all parties of its Termination of Registration and Suspension of its duty. The trustee foreclosing on a homeowner after filing of a surrendered entity is doing so on behalf of a named unregistered that by its own admission is dormant or dissolved and for this reason does not have right to have action to foreclose in its name. Further, Your Trustee Here is overseeing a dormant, dissolved, or unregistered Entity.

Further, upon best belief and knowledge it is alleged there are no investment brokers dealing in mortgage who are able to determine if this entity is active to the public.

If Your Original Lender or Current Servicer Lender Here is not presently surrendered then it is here demanded of Your Trustee Here to provide strict proof of any such claims to the contrary.

Your Current Trustee Here you have posted a Notice of Default that you are representing obligations in favor of Mortgage Electronic Registration Systems, Inc Solely as Nominee for Original Lender Here as if they are the secured creditor. You also have personal knowledge that Your Current Servicer Lender  Here is only the Servicer which does not have standing to foreclose in the state of California.

In the state of California, only the Secured Creditor can foreclose.

  • Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.

    (b). There is Residential mortgage fraud and you are in violation specifically of:

    (5) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.

    Pursuant to Penal Code 115.5 Punishment, you are guilty of a felony, and this crime is punishable by imprisonment for not less than one year nor more than ten years, by a fine not to exceed $5,000, or both.
    Pursuant to Penal Code 182 Punishment, you and your firm are subjected to be investigated for engaging or participating in a pattern of residential mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of residential mortgage fraud. This violation is punishable by imprisonment for not less than one year or by a fine not to exceed $10,000.00, or both.

Sincerely,

__________________________________                                   Date  _________
Your Name Here Date

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