Forged, Robo-signed, Mix Matched Signatures?

[freedomwon]

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.
http://www.sos.ca.gov/business/notar...dbook-2011.pdf


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:


STATE OF CALIFORNIA
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.

[hibiscus]

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?

[freedomwon]

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?

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.

[hibiscus]

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.

[freedomwon]

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.

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.

[Jeffrey L. Shurtliff]

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.

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.

[hibiscus]

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.

[freedomwon]

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.

[hibiscus]

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.

[freedomwon]

hibiscus - I would hope it would provide a homeowner a stronger standing but I have yet to see concrete evidence that it does.

How can the judge turn a blind eye.

My answer is brutal. The judges are in bed with the banks!

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.

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.

[Jeffrey L. Shurtliff]

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.

[terwe13]

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

[freedomwon]

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

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

[terwe13]

Thank you sooo very much.

[hibiscus]

Freedomwon-

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?

[freedomwon]

Freedomwon-

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?

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!

[hibiscus]

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.

[terwe13]

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.

[hibiscus]

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

[terwe13]

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

[freedomwon]

Hibiscus - Attached is a copy of her Notary Bond. What I find interesting is the bond can be filed with the ventura county recorder either in person or by mail. The filing requirements were slightly different depending on which filing method she chose. I took notes but I'm not finding them at the moment.

Another interesting thing on this document is the signor of Pamela Everett (Attorney-In-Fact). Take a lookey here: State Bar of CA :: Pamela Michele Everett What we don't know if this was supposed to be a REAL attorney or if this Pamela Everett is an everyday common person (non attorney) that may have power of attorney (which anybody could have with K. Mercados permission) to sign documents on behalf of K. Mercado. This Pamela Everett would have to be located in Ca. since she appeared in person before notary Michael Bleifer.

Is this document just another product of the "corporate insulation" provided to those needing protection provided by BofA? Maybe it's time to write a letter to Michael Bleifer requesting copies of the line items in his journal?

What's your take on this?

[freedomwon]

One more thing I forgot to add. Shouldn't both K. Mercado & Pamela Everett personally appear & be listed on the certificate of acknowledgement? So in essence, both their signatures should be notarized.

[terwe13]

From what im finding out is that anyone can make one these up.

[hibiscus]

She gets around....

Pamela M Everett Attorney - Reno, NV - Lawyer in Reno

Welcome to the Oregon State Bar Online

Property valuation of SW Laurelwood Drive, Atlanta, GA: 1695, 1700, 1703, 1706, 1711, 1714, 1719, 1722, 1725, 1728 (tax assessments)

Property valuation of Applethorn Drive, Apex, NC: 1400, 1401, 1402, 1404, 1405, 1406, 1407, 1408, 1409, 1410 (tax assessments)

Lawyer Pamela Michele Everett - Truckee, CA Attorney - Justia Lawyer Directory

From VC Recorder website:

When filing in person with the County Clerk's Office you MUST bring the following:

•Your Notary Commission,
•Your Notary Bond,
•Your Notary Oaths (2),
•Valid, government-issued, picture identification, and
•Payment (Credit cards and debit cards are NOT acceptable.)
When filing by mail, you MUST send the following:
•A photocopy of your Notary Commission (must be an acceptable reproduction),
•Your Notary Bond properly signed by you,
•Your Notary Oaths (2) properly signed and notarized in the county in which you were commissioned, and
•Payment (Recording costs vary depending upon your bond. To ensure sufficient payment is provided, we suggest you write your check "not to exceed fifty dollars". Above the area where the numeric amount is written, indicate NTE $50.00". Once the recording costs have been calculated, we will indicate the correct amount on your check. Checks should be made payable to Ventura County Clerk.)

If filing in person, the fees are $43.00 PLUS applicable recording fees. If filing by mail, the fees are $29.50 PLUS applicable recording fees. The standard recording fees for Ventura County are $15.00 for a single page, single-sided bond. Each additional page of the bond, after the first, will cost an additional $3.00.

I assume she filed by mail because of the fee on bond. It is my understanding that any any Attorneyin-fact has to file as such with the county. I pass by the Ventura Courthouse every day. I was thinking of taking in th eresponse I received today.

Getting Bielfer's log isn't a bad idea either. I have two doc notarized by km on one the stamp is faulty so an attachment is added explaining. Signed by someone else though.

The bottomline is that no corp insulation can protect the notary because she is accountable to the state and public!

The County Clerk's Office maintains records of all notaries public that have been commissioned for Ventura County. The County Clerk's Office provides authentication of notary public signatures on documents. This applies to notaries that have been commissioned in VENTURA COUNTY ONLY. The fee is $7.00 per signature authenticated.

[hibiscus]

I found this
http://mortgage.nationwidelicensings...urety-Bond.pdf

Do you think it is pertinent?

How about this

http://www.thebond-exchange.com/Bond...ookieSupport=1

Pamela sold the Bond...

Attorney In Fact:
The bond agent who contracts with sureties to write bonds and sign on their behalf.

[hibiscus]

Bleifer, Michael NATIONAL NOTARY ASSOCIATION 9350 DeSoto Ave Chatsworth CA 91311 19 1830455 01/12/2013

Does this mean he works for the NNA?

[freedomwon]

hibiscus - Thanks for all your detective work on the last few posts. Now it becomes clear who Pamela Everett is. Looks like I was barking up the wrong tree. I'm sure your trip to the ventura recorders office will prove to be interesting. Keep me posted as to what you uncover. I'll be back early tomorrow evening.

Thanks also for you input over on the other thread. You've got some good points I should present to the BofA attorney. Good Nite.

[freedomwon]

hibiscus - I got a response in the mail today from K. Mercado. She sent me back my letter (with my original signature) that was dated 9/28/11 & hand wrote a note with a date of 8/3/11 that says: "please send me a copy of the documents or the document #. I need more information please. thanks. K. Mercado."

Under my column that lists the type of document she also wrote TS No. next to both documents. Her note & the TS No. are hi-lighted in green. I may just put a call into the secretary of state tomorrow & see if I might uncover something. For starters, K. Mercado has been using her new address of 13469 Lochrin Lane, Sylmar, Ca. 91342 ever since she filed her new bond last March; however, the address on file in the secretary of state rooster is her old address of 13016 Granada Hills, Ca. 91344.

I wonder if someone from the secretary of state (notary division) has the power / authority to audit the journal?

Bleifer, Michael NATIONAL NOTARY ASSOCIATION 9350 DeSoto Ave Chatsworth CA 91311 19 1830455 01/12/2013

Does this mean he works for the NNA?

I think that just means he's a member of the association. I looked on the secretary of state rooster & it appears that some who belong to the association use this address while others use their home address.

[hibiscus]

Hi Freedomwon- I wonder if she is sharing these letters with the higher ups at BOFA. I'm having a brain fog- TS No.?

I held off from going to county clerk. I don't feel they have the authority to get anything solid done at this point other than spooking her into going to whoever she receives her directives from. This would probably prompt questions to legal.

The Sec of State may be more compelled to step in if they receive both our complaints simultantiously. I'm thinking that I want to file a claim against her bond as well. At this point it is well known that even though mers acting as beneficiary is transfering the deed of trust when they do not have the authority. Reconstrust is then filing the NODs by the authority they are receiving from Mers. BNY Mellon is just standing there with their b@@!s flapping in the wind. Which I believe is because they are really no longer involved. I mean BNY has the responsibility to ensure the "investors" continously recieve a return on their investment. Further, the PSA spells out their responsibilities, it's not a wing it sort of thing. I can't let go of the fact that the tax ramifications to the REMIC are so significant that millions of $$$ are at stake if they pull out any one loan to foreclose on that it is ridiculous to think that the sudden substitution of trustees being filed are legit. It is much more realistic that the certificate holders of the trust has either written off the loss or filed a claim in order to avoid any negative tax ramifications.

The present game being played, is a game of initimidation by the servicer. When food rots it can never be good again and they know it. The notarization is a significant requirement in the recording process. K Mercado doesn't seem too professional in my eyes. It seems that reassurances would easily create a feeling of confidence in what they required of her. I mean in the big scheme of things it was no more than a rubber stamp process. Her understanding of her duty is deficient at best. Her requirement of additional information is unwarranted. Homeowners has a right to protect their property. Bonified proof of any legal transaction impeded by undo delay is beyond her responsibilities as a "PUBLIC" official, regardless of who is paying her. In fact, she should uphold her commission above all else.

I do believe the sec of state perhaps with the AGs authority would act in an Authoritative Role. She is commissioned, not merely an entity registered with the state. Like I said before there are many errors in her acknowledement. I want to make sure my net move is a mighty hammer and not a slap. It is personal. I am not a mere document nor will I allow any abuse of position to destroy what I have fought for with blood and tears. At this point she is trying to place conditions on the request that she has no authority over. I see in your letter that she signed k mercado as was mine; however, in the notarized docs it's km which does not match the stamp. This makes the doc invalid. The bond sig looks like it was signed by the attorney-in-fact.

Today I read someone was going after the appraiser. I have yet to hear a fight against the notary. They too, play a integral role. Oh, where did you send your letter? The very need for a document number makes me think their is no log. Probably the way she can pull up doc?

[freedomwon]

Hi hibiscus - I am also wondering if she's sharing our request with "higher ups". T.S. No = trustee sale number. There is a section in the notary journal entry titled "notes". I see on this one (see attached) the trustee sale number is entered into the "notes" section of the journal.

If you & I have reasonable suspicion to believe the journal contains evidence of a criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, I believe we can take action & have the journal confiscated. I need to go back & re-read the notary handbook & locate the exact details of that. I'll get back to you by tomorrow night on that.

My documents were signed by K. Cisneros (before she became Mercado). It sounds like your documents were signed by K. Mercado. So you & I will have different signatures. The only common part may be the first initial of K.

My request for the journal entries was received & signed for at her new address at 13469 Lochrin Lane, Sylmar, Ca. 91342. I found that address on her bond. What address was your request received at?

[hibiscus]

Either way it is the same person (names), same journal holder, right? Mine went to granada hills home on 9/12. As far as the TS No. that should be irrelevent to the request none the less. Her notes re any notarial act has no bearing on a legitimate request by a potentially harmed party. With regards to the journal entry, doesn't any ack pertaining to real estate have to include a thumb print?

[hibiscus]

Prior address may be parents home, Name change-recent marriage, perhaps. In my opinion she is very young. Probably a prior teller promoted to a more exclusive post. A notary is carefully scrutinized cannot act without restraint. The employer may can the shots, but individual will have to answer for actions.

[freedomwon]

Hibiscus - YES, either way you & I have the same notary using the same journal.

Her notes re any notarial act has no bearing on a legitimate request by a potentially harmed party.

I would give her the benefit of the doubt on this one because if hundreds are being signed per day by the same people, without a document number, how else can she locate it in her journal? There could be hundreds of documents signed on the same date by the same person.

I find it interesting that yours went to the Granada Hills address. The first request I sent went there, a notice was left & never got picked up. Here’s what I found to answer the question about a thumbprint. Page 34&35 of the handbook.

8214.23. Failure to obtain thumbprint; civil penalties; limitations
(a) A notary public who fails to obtain a thumbprint, as required by Section 8206, from a
party signing a document shall be subject to a civil penalty not exceeding two thousand five
hundred dollars ($2,500). An action to impose a civil penalty under this subdivision may be
brought by the Secretary of State in an administrative proceeding or any public prosecutor in
superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the
secretary of any civil penalty imposed under this section.

(b) Not withstanding any other limitation of time described in Section 802 of the Penal Code,
or any other provision of law, prosecution for a violation of this offense shall be commenced
within four years after discovery of the commission of the offense, or within four years after
the completion of the offense, whichever is later.

8206. Sequential journal; contents; thumbprint; loss of journal; copies of pages;
exclusive property of notary public; limitations on surrender (page 27 handbook)

(G) If the document to be notarized is a deed, quitclaim deed, deed of trust affecting real
property, or a power of attorney document, the notary public shall require the party signing
the document to place his or her right thumbprint in the journal. If the right thumbprint is not
available, then the notary shall have the party use his or her left thumb, or any available finger
and shall so indicate in the journal. If the party signing the document is physically unable to
provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also
provide an explanation of that physical condition. This paragraph shall not apply to a trustee’s
deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section
2924 of the Civil Code, nor to a deed of reconveyance.

So perhaps the substitution of trustee & the assignment deed of trust do not require the thumbprint in the journal? As I put in bold above, it's the exception to the rule? If so, that makes committing FORECLOSURE FRAUD pretty easy for the "pretender lender".

830.3 Penal code page 47 of the handbook. Looks like the Secretary of State would need to conduct an investigation & then based on their findings, have a peace officer confiscate the notary journal.

[Jeffrey L. Shurtliff]

Hibiscus - YES, either way you & I have the same notary using the same journal.
I would give her the benefit of the doubt on this one because if hundreds are being signed per day by the same people, without a document number, how else can she locate it in her journal? There could be hundreds of documents signed on the same date by the same person.

I find it interesting that yours went to the Granada Hills address. The first request I sent went there, a notice was left & never got picked up. Here’s what I found to answer the question about a thumbprint. Page 34&35 of the handbook.

8214.23. Failure to obtain thumbprint; civil penalties; limitations
(a) A notary public who fails to obtain a thumbprint, as required by Section 8206, from a
party signing a document shall be subject to a civil penalty not exceeding two thousand five
hundred dollars ($2,500). An action to impose a civil penalty under this subdivision may be
brought by the Secretary of State in an administrative proceeding or any public prosecutor in
superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the
secretary of any civil penalty imposed under this section.

(b) Not withstanding any other limitation of time described in Section 802 of the Penal Code,
or any other provision of law, prosecution for a violation of this offense shall be commenced
within four years after discovery of the commission of the offense, or within four years after
the completion of the offense, whichever is later.

8206. Sequential journal; contents; thumbprint; loss of journal; copies of pages;
exclusive property of notary public; limitations on surrender (page 27 handbook)

(G) If the document to be notarized is a deed, quitclaim deed, deed of trust affecting real
property, or a power of attorney document, the notary public shall require the party signing
the document to place his or her right thumbprint in the journal. If the right thumbprint is not
available, then the notary shall have the party use his or her left thumb, or any available finger
and shall so indicate in the journal. If the party signing the document is physically unable to
provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also
provide an explanation of that physical condition. This paragraph shall not apply to a trustee’s
deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section
2924 of the Civil Code, nor to a deed of reconveyance.

So perhaps the substitution of trustee & the assignment deed of trust do not require the thumbprint in the journal? As I put in bold above, it's the exception to the rule? If so, that makes committing FORECLOSURE FRAUD pretty easy for the "pretender lender".

830.3 Penal code page 47 of the handbook. Looks like the Secretary of State would need to conduct an investigation & then based on their findings, have a peace officer confiscate the notary journal.

Great research! Once you have the Rule of Law with you drive forward with it.

[hibiscus]

Very interesting! I believe you are right, that would just smooth the way for fraud. Nonetheless, the Agent signing must have authority to do so irregardless. I found something interesting...

Judges, county recorders, homeowners, home buyers, title insurers and others have given undeserved credence to mortgage documents that have been signed by these Limited Purpose Corporate Officers, not knowing that an individual signing as an officer of a bank or mortgage company was not, in fact, even a clerical employee of that bank or mortgage company.

It is the determination of the Attorney General that such use of Limited Purpose Corporate Officer titles on mortgage documents is an Unfair and Deceptive Trade Practice and must cease immediately.

All individuals signing mortgage-related documents:

1. must sign their own names using a full signature (not a check mark, initials or other symbol);

2. must set forth immediately underneath their signature the name of their actual employer and the address of their employer where they were located when they signed the document;

3. no corporate officer title may be used unless such officer is an officer for all purposes.


This looks like a settlement of sorts. What's your take? It does involve your people, I see.
CaseInformationSummary


In my case the signer was identified as a robo-signer back in July...

Who are the newest signers - who use MERS titles to assign mortgages TO BAC while actually working FOR BAC - signing as if they were MERS officers for dozens of different companies? The names appearing most often include:

Ricki Aguilar
Malik Basurto
Youda Crain
Diana DeAvila
Edward Gallegos
Christopher Herrara
Bud Kamyabi
Tina LeRaybaud
Jane Martorana
Martha Munoz
Srbui Muradyan
Debbie Nieblas
Yomari Quintanilla
Luis Roldan
Miguel Romero
Cynthia Santos
Swarupa Slee

These individuals, in 2011, have signed as MERS officers for the following mortgage companies and banks, including many that no longer existed in 2011:

Aegis Wholesale Corporation
American Brokers Conduit
America's Wholesale Lender
Amnet Mortgage
Ampro Mortgage
Countrywide Bank, FSB
Decision One Mortgage Company
First Choice Funding, Inc.
First Interstate Financial Corp.
First National Bank of Arizona
Market Street Mortgage Corp.
M/I Financial Corp.
Millenia Funding Corporation
MortgageIt
One Mortgage Company, LLC
Pinnacle Direct Funding Corp.
Pulte Mortgage
Quicken Loans
Universal American Mortgage Company
Service Mortgage Underwriters, Inc.
Wilmington Finance, Inc.

CoreLogic in Chapin, South Carolina, is the keeper of these documents.

Bank of New York Mellon is the trustee for most of the CWABS and CWALT trusts that use these BAC documents.


Also interesting:
http://frauddigest.com/pdfs/20July11SigningNow.pdf

[hibiscus]

Also, the copy of your journal page- Who was the Notary? It honestly looks like the signer filled in the blanks themselves. It isn't km's writing. That kind of makes sense doesn't it? Shuffe the pile along the process. What do you think?

[freedomwon]

hibiscus - I believe the "who's signing now" link may be a useful tool for lots of folks here on loansafe. Thanks for posting that. In terms of officers signing on behalf of MERS, all that was required was for people in the banking / mortgage industry to pay a $25 fee to MERS & WALA, & that gave them the authority to sign documents as an officer of MERS. This is yet another example of a system in place that makes it EASY for the pretender lender to commit FORECLOSURE FRAUD. From what I can tell, MERS doesn't have a higher authority to answer to. I sent a CMRRR for a second time, asking for:

A) MIN summary for the current rights holder;
B) MIN Audit;
C) MIN Transfer Audit; and
D) Milestones

I haven't gotten a response. Jeffrey had suggested some of the most brilliant minds in the country are behind this big SCAM OF THE AMERICAN PEOPLE. I believe he is right!

[freedomwon]

Also, the copy of your journal page- Who was the Notary? It honestly looks like the signer filled in the blanks themselves. It isn't km's writing. That kind of makes sense doesn't it? Shuffe the pile along the process. What do you think?

Hibiscus - that journal entry I posted last night is not mine. Does not belong to me. The only reason I have it & posted it was so you could see the type of info that is collected when the notary is making an entry into their journal. I was conducting a search for documents signed by T. Sevillano & thats how I ended up with that document. That document I posted is 2 pages & contains a signature of T. Sevillano (who happens to be the signor on both my documents). It's a completely different notary on the document I posted. I apologize if I confused you.

[hibiscus]

Did you review the info on CaseInformationSummary

T. Sevillano and K. Mercado were both named. I think it ended in a settlement. What do you think?

[freedomwon]

Did you review the info on CaseInformationSummary

T. Sevillano and K. Mercado were both named. I think it ended in a settlement. What do you think?

I feel a bit silly to say this but I went there & perhaps I'm not navigating my way around properly. I didn't see my people there. Can you help me get to the right spot?