Of course this is dileberate, they do this stuff to wear you down. You have before them legal and proper questions that they can't answer legally. It is part of the fraud. I call it: [ what happened, what loan, what ya talkin about? where did your house go now? ect....] Keep an eye out for their legal manuevers.I have one other new development to report. I check the MERS site for my own loan on a monthly basis just to see if there's any changes to my loan status. I checked it last night & discovered my loan status on my 1st (BofA loan servicer) has been changed to inactive status. And yes, it now requires a social security number if you want to see who the investor is. I chose not to input that. What I find interesting is I've sent 2 written requests CMRRR to MERS requesting specific chain of title information. At the time both letters were sent, my loan was active in their system. Now it's been changed to "inactive status". I suspect this may be deliberate on their part, but how can I prove it? My loan was "active" in their system at the time I made my request. Have I been stonewalled? I'm not feeling too hopeful I'll get a response back from MERS.
No, none of my docs have that address on them. All my recent filed docs have an address of 1800 Tapo Canyon, Simi Valley, Ca. I took a peak at that Florida address on google earth. Hey, at least if you get hungry (on that vacant plot of land in the middle of nowhere) looks like you could walk to Chuck E. Cheese or Hooters! So take your pick! Where did you come across that address? That's pretty funny!!! Again, how do they get away with these shenanigans?I did not receive an answer from Mers either, but they did sign for the letter. Do any of the recent docs filed in your case have the 3300 sw 34th ave ocala, fl address on them?
I did take a look back when you first posted the step by step instructions. I was fascinated. I actually found my loan # listed in there. I should make a printout, since I haven't done that yet.Freedomwon, did you ever check the status of your loan at the BNY Trust reporting website?
That's an excellent idea. I will definitely do that. I remember being very intrigued with all the information I found in that report but I failed to save it to a file. SHAME ON ME! I know better than that. Figured I'd get back to that site at a later date.When you get a chance download all the reports into a zip file. That way you can scan through the monthly reports so you can see when they reported the FC to BNY Mellon.
I received a copy of my note as well & same as you, no endorsements whatsoever. I believe what BofA did was have their title company pull a photocopy of the note on file from when the note was originated. Well, heck, anyone can do that. That doesn't prove they have the "original wet signature note".I received a copy of my Note and it doesn't show any indorsements only a blank allonge. I'm not sure if I should respond and question it just to get a written response now or wait and send a VOD. Any thoughts?
My robo-signed docs were signed and notarized in Minnesota.... please see letter I am about to attach.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. Hereâ€™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 youâ€™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
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.
I agree and I do not like the word fraud and on my last suit the word was not in the complaint or the pleadings except the last one where I had attached evidence of Fraud. However Fraud has nine elements you must prove. The first one intent is the difficult one. Then there is Constructive fraud of which has I believe 7 elements which is the fraud that is the easiest to prove.Hi Jeff, et al;
I ran across this issue while looking back today.
Being a pro se litigant is a difficult and lonely task. Here is a tip. (Since it is free, it might be worth exactly what you pay for it; but here goes.)
Your credibility is everything when you get to court. Judges can expect and require you to follow the local court rules of procedure and substance, just as if you are an attorney. Many judges will give you some leeway, but all of them know that a pro se litigant slows everything down, and they will look for a way to bounce you out the door.
Using the word FRAUD in court or in any document is fraught with danger; and can damage your credibility.
Yes, I know: It was fraud, it is fraud, it will be fraud. We are regular people and want to say it like it is!
This is a term of art in the law with a specific meaning, and requires a particular type of proof. Sometimes the behavior of the banks really isn't fraudulent (especially in these modification nightmares) in the technical, legal sense of the word; and if you are in court, that is the only sense that matters.
A judicial finding of fraud opens a whole big can of worms and pours it out all over the case, exposing the BANKS to a different level and type of liability - and judges are not going to do that if they can avoid it. So, give them a choice!
IF you must say fraud, also say "or misrepresentation."
A finding of Misrepresentation might be enough for your purposes and what you need to accomplish. (Or maybe not, it depends...) It is not nearly as emotionally satisfying as fraud, but get your emotions satisfied somewhere else (here, for example) and write your complaints/lawsuits/ gripes in a form that will more easily allow a judge to rule in your favor.
If you need a finding of fraud, by all means ask for it. If you just need a finding in your favor, ask for it in a way that makes it easy for the judges to say yes.
And that is Tarin's two cents!
Hi Jeff-I agree and I do not like the word fraud and on my last suit the word was not in the complaint or the pleadings except the last one where I had attached evidence of Fraud. However Fraud has nine elements you must prove. The first one intent is the difficult one. Then there is Constructive fraud of which has I believe 7 elements which is the fraud that is the easiest to prove.
I like the way you address "et. al" are you an attorney?
The problem that I have run into is the court sides with the banks and the trustees and no one hardly wins even with a lawyer because of the fudiciary relationship the court has with the trustee and the bank pursuant to foreclosure on properties.
When I brought my last suit the judge was really pissed at me because I was actually involving the trustee in violation of eight Utah laws.
What puzzles me is two months after they have gotten the Motion to dismiss the case is still open. Ever heard of this?