INSTRUCTIONS- OK, LET'S GET STARTED!


INSTRUCTIONS-   OK, LET'S GET STARTED!
  • (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.


TIP NUMBER 1. 

Now here is the easiest most simples’ thing you can do yourself to: modify, stop or, postpone the foreclosure on your property and, It’s “FREE.” You can do this and it can work for you! 

Notarized document are the foundation to every parcel of Real Estate in The United States. The objective now is to use this to your advantage. If your lender is giving you a hard time in modifying your loan you may have a legal complaint against them but, “DO NOT EVEN ATTEMPT” to go after them any further without first having filed a Notary Complaint.

Please look on any of you assigned documents for notary signatures and seals, especially any Substitution of Trustee and Assignment of Deed of Trust. See what state the notary is commissioned in, and go to the Secretary of that State’s website and fill out a notary complaint form.

In the event of being foreclosed on, you can start faxing or send certified copies of the Notary Complaint to the Bank/Servicer & Trustee about 10-15 days before the Trustee’s Sale Date; you will be surprised at how fast the sale date gets moved…. It will probably be moved out about 30 days, temporarily or permanently removed within 3-4 business days of you’re sending over the Notary Complaint. (make sure you keep all original documents, send out copies).

Once this happens, as long as you have not received anything back from the Secretary of State for the Notary, just continue faxing or sending certified copies of the Notary Complaint to the Bank/Servicer & Trustee, about 10 days before they attempt to do another Trustee’s Sale … “NO MATTER HOW LONG IT TAKES, KEEP DOING THIS!!  

Remember, you are going after the Notarized documents for one simple reason; Do you have the money, time and energy it will take, to fight Bank of America, Wells Fargo, Chase Bank or any other large corporation that has an army of Attorney’s just waiting to drain every penny you have?

The Notary is the simplest person to challenge.
The banks have a seemingly unlimited financial “piggy bank” to tap for legal fights against homeowners. Since they are “too big to fail” they must be too big to directly take on. So, the simplest and easiest person to challenge in the chain of Documents is the Notary.

Amazingly, they are actually the most important. “Without the Notarized documents, there can be “No” Foreclosure.” If the document is fraudulently produced, mis-represented and filed in a public place (County of Records)  there can be “No” Foreclosure.  

There is an unbelievable amount of notary fraud that comes with almost every assignment. You will also need to send a copy of the complaint to the District Attorney’s office of that State for investigation. 

Following is a template you can copy and paste and use to send out to the Secretary of the State and Attorney General of which the notary is commissioned. Please replace the highlighted "red" areas with your information, the notary and the Secretary of that State.  

(You can align the dates and addresses) 


Your Name Here                                                                                          Date:

Your Address Here

City, State Zip

(123) 456-7890


State Secretary Of State                                                                                             Name of Notary                                                                                         

Notary Complaint                                                                                                             Address                                                                                                                               City , State & zip code


RE: Notary Public Complaint 


Dear Notary Specialist,



            Pursuant to California state laws and others, I am formally requesting the Secretary of State  of the state and the Attorney General of the State of Name of State a investigate the notary violations and possible criminal actions of State Notary Public Name of Notary.

            I believe that the attached documents are false and/or forged and have been unlawfully filed into a public office in the State of California in violation of California Penal Code 115 & 115.5, CA Civil Code 3294, CA Business & Professions Code 17200 and others.

            I also believe State Notary Public Name of Notary is in fact a “robo-signer” assisting banks in committing felonious acts of filing false and/or forged documents into a public office in California in violation of California Penal Code 115 & 115.5, California Civil Code 3294, California Business & Professions Code 17200 and others.

            I also believe State Notary Public Name of Notary has committed Notary Fraud and other felonious acts against myself; the State of California, The County of Riverside and possibly others; and is attempting to conceal his/her criminal acts by withholding his/her record book, which would prove conclusively that State Notary Public Name of Notary has violated his/her oath of office, and is assisting the banks as a “robo-signer.”

            I therefore request your office to investigate the actions of State Notary Public Name of Notary and determine a finding of fact and conclusion of law concerning the aforementioned facts. Accordingly, if your office agrees that State Notary Public Name of Notary has violated any of the Notary laws of State, or others, I request the appropriate actions be taken against State Notary Public Name of Notary and that I be informed of all actions pursuant to California Constitution (CA Victims Bill of Rights).

            I am formally notifying your office of State Notary Public Name of Notary possible felonious acts in accordance with –Title 18 USC § 4  Misprision of Felony’s.

            Please order State Notary Public Name of Notary to respond to this request pursuant to 45.027 State Statutes 2007 Subdivision 2.

            Please order State Notary Public Name of Notary produce a copy of his/her journal pursuant to State Statutes Chapter 359.03.

            In closing, I would like this office to consider the fact that State Notary Public Name of Notary possible criminal acts are being committed using a government issued authority; and under color of state law to deprive me of my constitutionally protected civil rights; and are the sole cause and relevant factors that have allowed a bank to commence an unlawful foreclosure on my real property.

             

            Sincerely,       


                                                                        ______________________________

                                                                        YOUR NAME,

                                                                                  All Rights Reserved, CA Com. Code 1308 (Ck w/your State)

                                                                                  without prejudice

 FURTHER INSTRUCTIONS 

TIP NUMBER 2.

FIND YOUR DEED OF TRUST

  • Look for your Original Lender usually on line, “C’”.
  • Look for your Trustee on line, “D”.
  • Look see if you have "MERS" (Mortgage Electronic Registrations, System Inc.) on line, “E”.
  • Look for your MIN: (Mortgage Identification Number) usually it the top right corner of your Deed of Trust.
  • (If you don’t have MERS Contact your Original lender and ask who is the holder of your mortgage loan).                         (If you are over ninety  days delinquent on your mortgage * See blue  asterisk in the next instructions).

see sample Deed of Trust

 MIN:1003279-0113120023-3


TIP NUMBER 3.

         
Now go to the internet and search for: California Secretary of the State Business Search.  When you get to the web-site click  on Business. On the next screen click on: Business Search with Free Images. On the screen  after that go to Search Criteria put in your lender. Click the appropriate box, Corporation or, LLC .   See if your lender is Surrendered, Suspended or, Forfeited. If so, you may have a VOID agreement.  Also, check all other entities and companies involved in your mortgageeven your current lender and trustee.                                        
example                          
Results of search for Corporation Name keyword "encore credit" returned 1 entity record (out of 1 record found).
Show entities per page
Narrow search results:

Entity Number

Registration Date

Status

Entity Name

Jurisdiction

Agent for Service of Process

C3248335

07/09/2010

FTB SUSPENDED

ENCORE CREDIT CORPORATION

CALIFORNIA

H.E. MILLER

 


  • This could indicate that you may have a break in your chain of title or clouded Title.                                                                                                               


  • There are over 70 million recorded titles that are clouded. A clouded title is one where ownership of the property is not clearly spelled out.   Where the chain of title is broken, the mortgage contract is NULL and VOID. This means that all documents representing this broken Chain of Title BECOMES WORTHLESS. (this includes your current lender who is trying to foreclose on your property)  This should give you leverage when negotiating a modification with your lender.

  • TIP NUMBER 4.

    Go to the internet and type in the search box,  MERSSERVICERID

    • Put in the character they display then click login.
    • On the next screen click on, search by MIN.
    • Enter the 18 numbers of your MIN.

  • The next screen will show who your servicer is/was. The MIN status usually is In-active. MERS defines inactive as paid in full or transferred out of the MERS system. So ask for proof of the MERS details to determine the validity of the assignment by MERS when a loan is inactive.
    SEE SAMPLE:1 record matched your search:
     Need help?

    MIN:1003279-0113120023-3

    Note Date:01/17/2014

    MIN Status:Inactive



    Servicer: U.S Bank National Association

    Phone:(800) 365-5001

    Owensboro, KY



    If you are a borrower on this loan, you can click here to enter additional information and display the Investor name.


    *   90% of the time your mortgage debt has been paid-off.   Yes, that is correct your mortgage loan was paid off by the lender’s insurance company.                                                                                
    So, who is at a loss here? Certainly not the lender because they have been paid!  If they sold your loan to another Lender they were to Reconvey the loan. Read Paragraph 23 (Reconveyance) on your Deed of Trust. Also look up California Civil Code of Procedure Sub Section 2941.
    If another lender has purchased your loan it is required they Record (reconvey) this into the County of Records.
    (Also, keep in mind; you don’t have a contract with the new lender).

TIP NUMBER 5.

  • Look for your assignment of Deed of Trust.
    Look at who is signing the document. Also check the notary. You can search the internet to see if any of these people are known robo-signers.                                                                                                                                     
  •  “Recording “robodocs” is prohibited on ALL mortgage-related notices of default and supporting declarations (including declarations recorded pursuant to Civil Code §§ 2923.5 or 2923.55),”
    “A mortgage servicer that engages in multiple and repeated uncorrected violations of these requirements is subject to a $7,500 civil money penalty per mortgage or deed of trust.”
    Also, MERS (Mortgage Electronic Registration Systems, Inc) is signing the Document.
    SEE SAMPLE: (or refer back to the video in Fraud and misrepresentation)

    Also, MERS (Mortgage Electronic Registration Systems, Inc) is signing the Document. Now refer back to the MERSSERVICERID. Doesn’t it show inactive? So, how is MERS assigning the Deed of trust when the mortgage has been paid or assign to another lender? Look at the date the trust was complete. Here it shows in Oct. 2006. The assignment was signed on June 9, 2009. That’s over 3 years after closing the trust. Look for these things on your assignment of Deed of Trust (if you can’t find it contact us to see if we can help.) Further, See Deposition of: MERS Vice President. (you can also find it on Fraud and Misrepresentation).
    On April 7, 2010 (in Re: The Bank of New York, as Trustee for CWABS ASSET-BACKED CERTIFICATES SERIES 2005-AB3 v. UKPE, Docket No. F-10209-08, Superior Court of New Jersey, Chancery Division – Atlantic City), William Hultman, MERS’ Vice President, Secretary & Treasurer, testified in his sworn deposition to the three (3) MERS entities.  [The aforementioned “HULTMAN DEPOSITION” is available in its entirety at: www.scribd.com/document/36521121/Full-Deposition-of-William-Hultman-Secretary-and-Treasurer-of-MERSCORP.]

    TIP NUMBER 6.
  • Once you have found any of these violations you have every right to challenge your lender no matter how much you owe or how far you’ve gotten behind on your mortgage. Go to a branch office or direct to the main office and speak with the CEO, CFO or manager and request a modification. Don’t be afraid to ask for a principal reduction of your mortgage and a lower interest rate. (Some homeowners have even received money back from these violations). Please get their business card (this will come in handy should you choose to litigate). Ask them, “do they want to negotiate or, litigate?” If you lender ignores these violation then you may have a strong case to litigate in a court of law. We highly recommend that you hire a reputable attorney to represent you.
    (If your lender is out of state try to give someone in that state “Power of Attorney to go to your lender in your behalf).
    California Enacts “Homeowner’s Bill of Rights,” a Foreclosure Reform
    Show them what you have found.  

  • 1. Recording “robodocs” is prohibited on ALL mortgage-related notices of default and supporting declarations (including declarations recorded pursuant to Civil Code §§ 2923.5 or 2923.55.  
    2. A mortgage servicer may not record a Notice of Default (NOD) or a Notice of Sale (NOS), and may not conduct a non-judicial foreclosure sale while a “complete” first lien loan modification application is pending.
    3. A non-judicial foreclosure may not be initiated by anyone other than the holder of a beneficial interest under the deed of trust, the holder’s designated agent, or the trustee under the deed of trust. [Civil Code § 2924(a)(6).]

  • FINAL STEP
  • Get a modification package Uniform Borrower Assistance Form”  (follow the instructions in "Modification proven steps)
    Once this is complete your lender must cancel and cease all foreclosure activities.

 “ NOW, GO SAVE YOUR HOME!”


  • If you can't find any of these tips or want more tips give us a call at:          1-888-641-3934 or, go to our  affiliate Web-site to the contact area and leave us a message and contact number. www.fdoptions.com

  • Disclaimer:   

  • Nothing here is to be construed as Legal advice. This is all of Public Record. We just did the research so you don’t have to.    


  • this information is provided to you for free, we only ask that you make a donation to help keep up our fight for homeowners. 
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