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Forged, Robo-signed, Mix Matched Signatures?

Discussion in 'UNITE & FIGHT - Share Your Ideas on How Homeowners' started by freedomwon, Sep 22, 2011.

  1. freedomwon

    freedomwon LoanSafe Member

    Do You Have Forged Documents? Robosigned? Mix Matched Signatures?

    You are entitled to copies of the notary journal entries and with this evidence, you may be able to prove the FRAUD.

    All state notaries should have a handbook. Here’s the 20ll Handbook for Ca.

    You can download the list of Ca. registered notaries here:
    Notary Public Listing - Notary Public - California Secretary of State

    Once you’ve downloaded the list, you will find their name, address, commission number & the expiration date.

    For both a jurat and an acknowledgment, the notary public must certify to the identity of the signer. (Civil Code section 1189 and Government Code section 8202)

    Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction.

    Upon receiving a request for a copy of a transaction pursuant to subdivision (c) of Section 8206, the notary shall respond to the request within 15 business days after receipt of the request and either supply the photostatic copy requested or acknowledge that no such line item exists.

    § 8214.2. Fraud relating to deed of trust; single-family residence; felony (a) A notary public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed of trust on real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the deed of trust contains any false statements or is forged, in whole or in part, is guilty of a felony.

    If you suspect Notary Fraud in California please contact:

    Secretary of State
    Notary Public Section
    PO Box 942877
    Sacramento, California 94277-0001
    (916) 653-3595

    I sent a letter CMRRR to the Notary & a CC to the Secretary of State. The Notary has her home address listed with the Secretary of State & will not sign for my letter. Things that make you go hmmm....... It's an inside job as the notary listing shows she works for BofA.

    My next line of defense is I just ordered a copy of her Notary bond. All notaries are required to have a bond on file and I recommend everyone get themselves a copy if you suspect any kind of FRAUD. You can do this through the county recorders office in which the notary is registered. What I plan to do is compare the signature on the bond to the signature I have on my documents. If it's a match, great. If not, I will file a claim against the bond. All notaries in Ca must be bonded in the amount of $15k.
  2. hibiscus

    hibiscus LoanSafe Member

    I have a few documents with signatures as well. My own and others. Was the mers asst sec on your docs on the most recent robosigner list?
  3. freedomwon

    freedomwon LoanSafe Member

    Signing on behalf of MERS on my documents is T. Sevillano. I did not find her on a robosigner list. I did however see 1 person questioning her signature on another website called foreclosure hamlet. And I have other documents I found on the internet that various people posted where the signatures look different.
  4. hibiscus

    hibiscus LoanSafe Member

    It seems the only way to clean up the effected titles is through litigation. Since the robosigners actions count in non-judicial foreclosure states like CA maybe the new twist is class action. In that victims of the banks robosigners seek declaratory relief and damages, an injunction and attorneys fees for Unfair Business practices, as well as claims for slander of title; abuse of process, civil theft, and variety of other civil remedies.
  5. freedomwon

    freedomwon LoanSafe Member

    That would be one way to do it. Takes a long time (sometimes several years) to get a class action approved by the courts.

    Another option would be to file for quiet title. It's about $1500 to file a quiet title with the courts. Burden of proof lies on the homeowner to prove, you would not win by default. I've looked into it & most judges have a black & white viewpoint on the matter if Mr. or Mrs. homeowner hasn't been making their payments. Also with a quiet title, the homeowner must post a bond with the court equivalent to the amount owed on the loan.
  6. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    In the non judicial states as far as foreclosure, you are guilty for not making your payments , even with valid proof of fraud, broken laws and no notary stamps on docs. These issues are up to the judge and again believing that you must enforce your due process, you must be forceful respectfully in enforcement. Over at my thread I have a Quiet Title Motion memoranda posted and am using a Judicial Law and cite Utah Law giving me justification to get the title. However, even with that you are still guilty in the courts eyes and must tell the court of it's partiality and enforce your rights to challenge with proper evidence. Remember this foreclosure thing has been rigged by the finest minds in the country and to me is certainly fascinating, to find a way to do an end run around it.
  7. hibiscus

    hibiscus LoanSafe Member

    If "Clear Title May Not Derive From A Fraud" why aren't more Californian's invoking Penal Code section 132 which provides: Every person who upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged or fraudulently altered or ante-dated, is guilty of felony.

    The Doctrine of Unclean Hands provides: plaintiff's misconduct in the matter before the court makes his hands "unclean" and he may not hold with them the pristine remedy of injunctive relief. California Satellite Sys. v Nichols (1985) 170 CA3d 56, 216 CR 180. California's unclean hands rule requires that the Plaintiff not cheat, and behave fairly. The plaintiff must come into court with clean hands, and keep them clean, or he or she will be denied relief, regardless of the merits of the claim. Kendall-Jackson Winery Ltd. v Superior Court (1999) 76 CA4th 970, 978, 90 CR2d 743. Whether the doctrine applies is a question of fact. CrossTalk Prods., Inc. v Jacobson (1998) 65 CA4th 631, 639, 76 CR2d 615.

    This supports the fact that the notarization of a false signature is not only fraud, but conspiracy to commit fraud upon the court. These are the documents that they are presenting in court. It seems as though they are relying on the premise that once the document is recorded , it is entitled to a presumption of valitity; and rewriting the rules of court by disregarding the fact that once the documents make it to court they have committed a felony.
  8. freedomwon

    freedomwon LoanSafe Member

    hibiscus - I agree with the points you've made in your post. The simple reason as to why more Californians don't invoke the penal code is because they don't know they can. They haven't been educated about this.

    Also, the only way to properly invoke this penal code is to file suit. To do so will run a minimum 5-8k retainer, and that's just to start. The fees will continue to add up. I spoke with a real estate attorney that I trust & have known for many years. He indicated I could easily get into the 30-50k range in attorney fees & still no guarantee I would win. I was also reminded of the "deep pockets" the big banks have. It's always an option to file pro se, however; the average person isn't going to go down that road.
  9. hibiscus

    hibiscus LoanSafe Member

    Freedomwon- Thank you for your response. In your opinion, do you think that for those persuing a quiet title, that this would give the homeowner a stronger standing? I mean, if there is an issue of a broken chain of title and the banks (servicers) are fraudulently persuing ownership. How can the judge turn a blind eye. Whether or not he believes the homeowner is a lesser person for defaulting on his obligation, fraud on the court is or should be seen as more egregious. I can't believe a judge would take too well to anyone coming into his court with the intent of making a mockery of the proceedings.
  10. freedomwon

    freedomwon LoanSafe Member

    hibiscus - I would hope it would provide a homeowner a stronger standing but I have yet to see concrete evidence that it does.
    My answer is brutal. The judges are in bed with the banks!
    Hard to believe, I know. But it's happening every day all across the country. Part of the problem as I see it, is judges don't have a deep understanding of how the banks have committed FRAUD at every opportunity they get. To you & I, it's a black & white issue. FRAUD IS FRAUD. I think from the moment a judge realizes Mr or Mrs homeowner hasn't made payments, the judge develops a prejudice.

    Going back to the money of 5-8K just to begin a suit......that's an issue for a large percentage of folks out there.
  11. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    In a non judicial state technically you are guilty of default and the property can be sold pursuant to the laws of your respective state. To fight a non judicial foreclosure with an attorney is not feasable because of the cost as you know. When you go to court the court is already biased against you because you defaulted. They don't care why you defaulted. Presumption of a document filed in a foreclosure action in just that a Presumption and is a valid document until you can come up with proof of it's non validity.
    Using the word [fraud] in a court is really a major charge and the elements of fraud must be shown as plausible on its face. You must show all elements of fraud to make it stick. In my opinion if you use words like invalid, improper groundless ect.... these words are more powerful that the word fraud. The reason is these word surround the word without really stating it directly.

    I like to look at this foreclosure as an opportunity to study and learn the laws of your respective state and learn the court rules and to take part in this system designed for the people. These judges and attorneys think that they have a monopoly on the law because they know the court rules and have been schooled in it. With the internet, you can school yourself. This takes hours and hours of your time and focus that takes you away from normal life. Once you commit yourself you have started the long road and I believe freedomwon has already started down that road you will find many doctrines such as clean hands ect.

    I find in law once you have your ducks in a row and you are ready to prepare your case outline it, pros and cons. Print out the penal codes and other laws. In my state I used a penal code of THEFT ELEMENTS and was denied to take that action with several case law quotes from the opposing attorneys. There is no private right to action under a criminal statute. So stick with the laws of recording and the power of sale within the Deed of Trust. Filing your action within the state court is the best way to do it. Use State Constitutional law. When you invoke a law continue to invoke it over and over in your pleadings and oral arguments. Kinda like Harry Potter invoking an incantation.

    If you can show a question of a presumption of a document then you have a cause. You must back this up with a state law, ie. recording, notary, properly signed. Here is an example of this I have before the court. I show a Trustee's Deed which has presumption, I challenge the Deed because of the Unlawful sale of my house. I show in a Quiet Title action quoting title 57-1-33.1(3) that I filed a lis pendens on the property and this gives my lien within the lis pendens priority pursuant to the law because, I show an Erroneous Recording of Trustee's Deed from the unlawful sale. The law specifically states my lien has priority.

    Remember when you file your action you do not need to be an attorney, you must know the Court Rules. You will run into a stone wall of the Motion to Dismiss for Failure to State a Claim. This phrase "failure to state a claim" is a bankster rule that was put into force about two years ago in anticipation of this mess. Look for a crack in this stone wall and keep on hitting it as you can make it crumble. If you decide to file an action first you must show cause for action, argue venue, state your causes then a claim for relief then remedies. If anyone here wants to do this I will help you as we must all band together to fight this evil that is upon our country.
  12. terwe13

    terwe13 LoanSafe Member

    Thank you Once again I found her she is an attorney out of sac co.Ill keep you posted.
  13. freedomwon

    freedomwon LoanSafe Member

    Glad to hear your found something. Every piece of evidence you can gather helps!
  14. terwe13

    terwe13 LoanSafe Member

    Thank you sooo very much.:bigsmile:
  15. hibiscus

    hibiscus LoanSafe Member

    Response from K mercado


    I received an answer from K mercado the Notary on the Robo-signed docs. She is claiming I need to send her a copy of the actual docs or give her more info. I provided the name of the document, who signed, and the date notarized. What more could she possibly need? Did you receive a response from her?
  16. freedomwon

    freedomwon LoanSafe Member

    Hi hibiscus - I did not receive a response from her. The address where I sent my first request was the one on file with the secretary of state notary division. The document was never signed for or picked up. Since then, I got a copy of her Notary bond. The address she put in the upper left hand corner in the section that says: once recorded please return to.......the address there is different than what I originally had from the secretary of state. So........I just sent another request last week & it was signed for by someone other than her. So, now I'm waiting. It definitely went to her home address because I looked it up on google earth.

    You do not need to send her a copy of the actual docs. I think that's a bunch of hogwash! BofA is up to something trying to cover their tracks. I'm sure of it! I have a hunch that she DID NOT enter it into her journal as required by law. Why would she, when hundreds of these docs are being cranked out daily?

    When you sent your letter, did you send a CC to the secretary of state, notary divison? Also, did she call you or send something back to you by mail? And if you have a written response, does her signature look like what you have on your documents? Of course, all we might have to go on is comparing the first initial since she changed her last name.

    I'm rubbing my crystal ball & here's what I see. If we dig & keep pushing she will suddenly report her journal as being "lost" to the secretary of state. That will conform to what BofA continues to do which is conceal evidence.

    Forgive me if I'm repeating myself but wanted to make sure you know she works for BofA. It's an inside job!
  17. hibiscus

    hibiscus LoanSafe Member

    Freedomwon- I also got confirmation on google earth. My went to her home. She responded by mail. Though her digs look decent, she must be on a budget because her handwritten response was written on the letter I sent her. As far as the signature, I can't be certain because she only initialed her notarial acknowledgement. Which by the way, the Sec of State said was a no-no.

    I have never seen anything more unprofessional in my life. The envelope it came in was recycled. Weird thing was no postmark. She does point out that she is responding within the 15 days as required.

    I need to get a copy of her bond, too.

    Her request for a copy of the actual docs (which she isn't getting) is ridiculous! I hate it when people offer me S#%t and tell me it's chocolate! Doesn't her lack of admission lean more towards her confirmation that she "maintains" a log? I don't mean literally, but by admission. I too, harbor sincere doubt that she has anything. Moreover, it is my suspition (ok I spelled that 3 ways and none look right) that she turned my request over to a boss instead. By providing a copy, I feel, I would only aide them in the whole robo-signing deal. I can't find anywhere that I must supply anything other than my request. She has the important info sufficient enough for her to point her little finger and scan done her log.

    No I did not cc the state. But, I have my letter, proof of mailing and her response. I think that will suffice in filing a complaint.

    She signed her response with her first initial and full last name. As far as her sig on other docs from the web, they vary in my opinion. Plus on mine there are three different dates. As far as that is concerned- another big no-no!

    I'm just trying to figure out where to go from here.
  18. terwe13

    terwe13 LoanSafe Member

    Hello about my fake grant deed I had someone go to the court house today and they looked up the doc number and guess what its a affidavit-death of joint tenant attached to it is a death certificate how could this be? this doc number someone has used to make a fake grant deed and put a man on it that i don't even know who ever has done this needs to go to prison and shame on you b of a for for taking 5 months on this it took me three days, good ol! b of a what kind of investigators do they hire anyway.
  19. hibiscus

    hibiscus LoanSafe Member

    Did you get a certified copy? They can have it removed.
  20. terwe13

    terwe13 LoanSafe Member

    Yes i did but it does not exist someone pulled a fast one i think I'm chasing a ghost.

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