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
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.
All Rights Reserved, CA Com. Code 1308 (Ck w/your State)
TIP NUMBER 2.
FIND YOUR DEED OF TRUST
see sample Deed of Trust
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 mortgage, even your current lender and trustee.
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:
Agent for Service of Process
ENCORE CREDIT CORPORATION
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
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:
Servicer: U.S Bank National Association
If you are a borrower on this loan, you can click here to enter additional information and display the Investor name.
TIP NUMBER 5.
“ NOW, GO SAVE YOUR HOME!”