Los Angeles Resident vs Fraudulent Bank of America, ReconTrust and their Employees

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CashFuture

LoanSafe Member
Jul 4, 2012
21
0
0
Los Angeles
Hello everyone, I hope everyone had a wonderful 4th of July.
I would also like to say thank you to freedomwon, Jeffrey L. Shurtliff, isisis, TomEason and everyone else that is helping and sharing with everything they can, I am very thankful for that.

I have 15 pages that I went to get copies from the Los Angeles county registrar recorder office that will show how the fraudulent Bank of America takes my house from me. It will show ReconTrust, Bank of America and notary public employs names and signatures.

I have received a month ago papers on my door from the the real estate agent that is selling the house for fannie mae, the next day I called him and he told me that fannie mae will give me cash4keys $3,000 if I go, I then told him that I am talking to the office of the president of Bank of America because this is a wrongful foreclosure he then told me if I don't take the money I will have to go because this is not up to Bank of America anymore because only Fannie Mae has a say in this now.

Now 30 days later I just noticed papers on my door from a Law Office with a "Notice to Quit" now show time is starting.

I guess the past 30 days talking every week with the office of the president of Bank of America did not work.

I was going to start a lawsuit being the plaintiff and have them be the defendant but i'm thinking maybe it will be better to save the lawsuit for later and let them take me to court for the eviction and i'll be the defendant for now and if i'll lose I will come back with a lawsuit as a plaintiff after, what opinions do you all have?

Once they take me to court for eviction I will ask for a jury trial to give them a harder time, thoughts?

I will use some of the evidence from Chan & Pao Tang v. Bank of America that isisis posted on Bagels at a Bar Mitzvah thread #170, Improper Notice and Recording, Improper Substitution of Trustee Due to the Lack of Agency Relationship, Plaintiff's Section 2923.5 Claim and Emotional Distress Claim.
Now I just need to find Honorable David O. Carter's courtroom, LOL.

I like that Honorable David O. Carter said to the bank that Substitution of Trustee has to be filed before Notice of Default is filed. The bank did the same think they did to Chan & Pao Tang, they filed Notice of Default first and then they filed Substitution of Trustee after, I also had PRLAP, Inc.

I had mortgage guaranty insurance that I paid about $160 every month, so the way I see it the bank got the money already because I defaulted and they want to get the house for free too, BANKS ARE NOTHING BUT THIEVES.
The letter that I got from PMI Mortgage Services Co. telling me that they " provide mortgage guaranty insurance to Bank of America, N.A. to protect against default on my mortgage loan".
This is a link to PMI Mortgage Service Co., now you will see why banks don't care working with you and it's better to foreclose for them.
Look under Claims FAQ
What are claimable expenses?
Examples of the most common claimable expenses include the following:
Accumulated delinquent interest
Preservation costs
Property taxes
Hazard insurance premiums
Attorney's fees
Foreclosure/Court costs
BPO/Appraisal costs
Claims FAQ ? PMI Mortgage Insurance Company

Thank you to everyone who is contributing and I will be more than happy to help out in anyway I can, just ask me and I will try my best. I will also start going to some of the properties around Los Angeles, Ventura and San Diego to investigate some of the robo-signers to see if they exist.

Thank You and NEVER GIVE UP!



 

Jeffrey L. Shurtliff

LoanSafe Member
Dec 4, 2010
3,823
139
63
I question the signature on the SOT. What is written below the signature? Be advised if you are going to sue try to split the suit and sue the trustee and the benificiary. Save Fannie for later in case they get off and then you may want to take another chance at it. When you do sue make sure you can state a claim for relief to be granted. Also you are headed for an Unlawful detainer action against you and you can use your proof of irregularties to squash it. If you think you do you can ask for dismissal with prejudice and use your proof. If you win and are not evicted, they will not have any more cause to throw you out of your house.......Jeffrey
 

CashFuture

LoanSafe Member
Jul 4, 2012
21
0
0
Los Angeles
Thank you Jeffrey for the excellent information you gave me, I will have to put a very good defence together for my eviction because I will not have an attorney with me. Below the signature is written kcisneroz the notary public robo-signer for ReconTrust and Bank of America. It is the same notary public signer that signed freedomwons SOT I believe from his thread http://www.loansafe.org/forum/bank-america-home-loans/38735-question-regarding-nod-filing.html

What is everyone's opinion when it comes to choosing a judge vs a jury in a eviction case?

Thank You and NEVER GIVE UP!
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
Hi Cash - Thanks for starting your own thread & posting a link from your previous post. In regards to the eviction, I've got a plan which can be modified to fit your situation and or comfort zone. At the very least, it's a plan you can think about & modify as you see fit.

1. House sells at trustee sale (reverts back to lender)
2. R.E. agent appears within a few days after sale - asks you to leave / offers cash for keys
3. Say ok to 30 days to vacate - Verbally agree but don’t sign anything
4. After 30 days goes by, agent sees you’re still in the house (no cash for keys of course).
5. 3 day notice to vacate is taped to your door (but you don’t move)
6. Sheriff stops by & serves you with an unlawful detainer
7. You have 5 days to answer the complaint (You must file an answer to the complaint with the court)
8. Hearing date is set & you enter a demur pleading.


Since you're in Ca. your loan is non-recourse (providing you never refinanced to pull cash out). Whatever your plan might be, it’s helpful to have it down on paper step by step, so you’re prepared for what to expect.

Jeffrey provides good advice & has experience going to court pro se. Both you & Jeffrey just need to remember at all times that when discussing state court, the laws may be different in Utah than in Ca.

It would be great to find out if PMI Mortgage services has paid on the claim for your loan. You may want to draft a letter to them inquiring about your "monthly premium" & where those payments are currently being applied. ha ha

See if someone there will play right into your hand!
 

CashFuture

LoanSafe Member
Jul 4, 2012
21
0
0
Los Angeles
Thank you freedomwon for your plan you posted, I completely agree with you. A good defence has to have a good plan. I also just e-mailed PMI Mortgage Services Co. inquiring about my certificate, thank you for that, I did not think about that one. I also sent an e-mail to my default servicing customer relationship manager with the office of the CEO and President and cc: it to [email protected] with attachment files about some of my claims.

Before many times when I spoke to the manager over the phone he did not believe me and sent me a letter stating "Our research
has uncovered no information to substantiate your claims. If you wish to pursue this matter further, please provide us with specific
details of you claim, and we will investigate the matter on your behalf". Now I included some file attachments, it looks like they want
me to be their investigator, LOL.

I have stopped senting them certified mail and lately I just sent them e-mails to have better records when I need all the records.
I asked them to communicate with e-mails they said NO, LOL. The cost for certified mail started to add up and I can't use it for
tax deductions like they do, LOL. I also wrote in the e-mail

This e-mails can and will be used in a court of law.

Thank You and NEVER GIVE UP!



 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
Hi Cash - You're on the right path. You almost need to become your own investigator / detective. Nobody will fight as hard to save your home as you will. You're right about sending the certified mail. I was spending $35 - $40 month to send my correspondence for many months to all the players involved in my loan. It definitely adds up! Not to mention the inconvenience of going to the post office, waiting in line, & my time to address all the envelopes & return signature cards properly. My viewpoint is I want to have documented evidence (a signature) that my correspondence was received. I see it as a small price to pay in an effort to keep my home.
 

CashFuture

LoanSafe Member
Jul 4, 2012
21
0
0
Los Angeles
Hi freedomwon, I agree with you a signature is very important, but many times I was thinking if the banks like to lie so much and do all this fraud and tell us they never received our faxes they might say they received a certified letter from you but you must of forgotten to insert a important document that might be damaging to them.

I have noticed that everytime I sent an e-mail to my manage and cc: it to
[email protected], I get a phone call back within 24-48 hours stating that he received my e-mail and is calling back to see whats on my "mind" but not with those words, LOL. They can never tell me that what i'm stating is not in the e-mail because my e-mail went through and I have the proof for that. But you never know they might call their tech dept. and tell them to wipe out the mail server. I bet they would do anything they can to win, LOL.

Thank You and NEVER GIVE UP!
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
Cash - You bring up some good points I hadn't thought of. It's best to do whatever method you think provides you with the most amount of protection & accountability should your case ever end up in court. E-mail proof has it's advantages for sure. You will have a date & a time the e-mail was sent. Does your email program provide you with a notification of when the e-mail was opened by the recipient? Once upon a time, I had a program that did that.
 

isisis

LoanSafe Member
Jun 22, 2010
1,821
254
83
North bay
Hi CashFuture,

I'm sorry for what Bofa is doing to you and very glad you've decided not to take it - or the insulting $3,000. I will continue to post more pro-homeowner case law on Bagels at a Bar Mitzvah (and Robo-signed, Forged, Mismatched) when I come across it. Pleased to hear that you found it useful.
We're in this together!
 

CashFuture

LoanSafe Member
Jul 4, 2012
21
0
0
Los Angeles
Hi everyone, I don't think my email has notification when someone opens it freedomwon, but I will still be happy to show the courts that I am communicating with the bank and it is the bank that does not want to help me out. Thank you isisis for posting more cases when you come across them.

This week looks like the law office tried to serve me in person.
It started with having a Notice to Quit paper taped on the door. The days after the neighbors are telling me everyday there is someone with paperwork knocking on my door and asking if someone leaves there. So now because the person was not able to serve I get in the mail from the serving company a Notice to Quit, same copy that was first taped on the door but I don't call them. Now I got something from the court with a case # saying NOTICE OF UNLAWFUL DETAINER ( EVICTION ) and I have 5 days to respond to the complaint. Now I will go and file a responds asap. The name of the investor I guess is really fannie mae because it says FEDERAL NATIONAL MORTGAGE VS. ME. I will go file a demurrer.

Thank You and NEVER GIVE UP!
 

CashFuture

LoanSafe Member
Jul 4, 2012
21
0
0
Los Angeles
Hello everyone, if anyone has signatures of T. Sevillano, K. Cisneroz or Rhonda L. Weston on their forms I would greatly appreciate it if you would post them here. It would help me a lot.

I am very close in finding K. Cisneroz, if I find her and her husband :) and get her subpoenaed what kind of questions would be good for me to ask her in court?

Ones i'm 100% sure it's them I will post the address here for everyone that needs it.

Thank You and NEVER GIVE UP!
 

isisis

LoanSafe Member
Jun 22, 2010
1,821
254
83
North bay
Doesn't exactly give one the impression she'd have the intellectual wherewithal that the position would require. Sounds more like a desperate single mother, a description - and an explanation - that matches many robo signers. When looking for people to do their dirty work for them the bank would find a person like this ideal.

Hi Cashfuture,

T. Sevillano docs attached, one as notary, one as MERS. I'm pulling for you!
 

CashFuture

LoanSafe Member
Jul 4, 2012
21
0
0
Los Angeles
Hi everyone, thank you isisis for posting the signatures, it looks like T. Sevillano started to use TS at the end of 2010. Thank you hibiscus for posting that, if that is the person wow.

Yesterday I had a very stressful day at the court. Drove back and forth what a day. Let me start by saying this is a money making machine not just for the banks but also for the courts, parking, attorneys, economy is good for them with this things the banks are doing. I went to the courts yesterday with not knowing where to start. So because I was not served they told me to look at the SUMMONS, so I went to that room and told them I want to see what the attorney filed. They gave me a folder when you give them your info and case #, the folder was about 30 pages. When I told them I want a copy because I don't have it the cost was 50c per page for the each copy. Ok now I go to another room and ask them for forms that I need to file now the cost is 50c-$1.75 per form depending on what form you need but no one will tell you what form you need. I tell them I need a Motion to Quash or Demurrer but no one knew anything about does forms LOL, but they have good paying jobs with the city and they don't even know about forms or wanting to help you. By the way I was asking about the 5 day Unlawful Detainer at different rooms and no one knew if weekend days are included wow.

So I go home start searching and found out that there are no forms but they need to be typed the way the pages of Plaintiff vs Defendant look like. So I go back to court to ask for help and they sent me to another room where they provide assistants for low income people. Ok now in that room I ask for help to type a Motion to Quash or Demurrer and they tell me sorry but we don't help with does thinks only with a simple answer form called (UD-105 Answer-Unlawful Detainer) so they tell me sorry but you are on your own, LOL.

Now home and a new day trying to quickly come up with something before the sheriff shows up to my home. I have to see if I can find one of those papers so I can copy and past it and take it to court right away. If I find one I will post it so other community members can copy it when they need it also in court.

Has anyone seen this
Zuckerberg?s Loan Gives New Meaning to the 1% - Bloomberg
and we try to refinance and the banks tell us H ELL no with the our government in their pockets.
I never wanted my home for free all I wanted is to change my loan to a 30 or 40 year with a lower APR. The banks get money from the fed for 0.25% why don't they want to help us out with a lower APR that you get if you buy a home right now.
NOT FAIR at all. One day I will make it and will not forget about this unfair game.

Thank You and NEVER GIVE UP!
 

hibiscus

LoanSafe Member
Sep 19, 2011
146
2
18
California
Yup, that's her. Sorry to hear about your struggles. The courts will help with filing out forms, but when it comes to creating the document, you're on your own. That's why the lawyers charge the big bucks. Perhaps, you could find a better understanding here
§6.02 Motion to Quash Service and Set Aside Default Judgment || Unlawful Detainer

It is embarassing to know the lose/lose situation our government has placed homeowners in with their bailouts. This nonchalant reaction to the fraud can only come from a desire to quiet a much seedier truth.

Good Luck!
 

CashFuture

LoanSafe Member
Jul 4, 2012
21
0
0
Los Angeles
Hi everyone, I just lost my unlawful detainer case and the judge didn't even care about my evidence. I told the judge that Fannie Mae had their attorney verify the unlawful detainer complaint and the judge told me that it is ok for them to verify the unlawful detainer because Fannie Mae is not in Orange county where the attorney is, but I told the judge Fannie Mae has an office in Los Angeles county in the city of Pasadena and my property is in Los Angeles county. I tried to use this information about the attorney verification issue from a website that information is posted by Schorr Law. On their website they posted this

Schorr Law Wins Motion for Reconsideration on Attorney Verification Issue
Posted on June 8, 2012 | Leave a comment
Recently, we had another big win on behalf of one of our clients who was fighting an unlawful detainer action filed against him by Freddie Mac.
Freddie Mac had their attorneys’ verify the unlawful detainer complaint. We then filed a motion to strike the complaint based on valid California case law .
We won the motion and had the complaint dismissed. Freddie Mac, rather than filing a new complaint, decided to do a motion to reconsider the court’s ruling.
That motion was held early this week and the court denied Freddie Mac’s motion to reconsider. As a result, the complaint remained dismissed based on the
attorney verification of the complaint.

Los Angeles Unlawful Detainer Attorney: Schorr Law Wins Motion to Strike Complaint Verified by An Attorney!
Posted on April 6, 2012 | Leave a comment
We are pleased to announce that this past week the San Bernardino County Superior Court granted a motion to strike an entire unlawful detainer complaint based on the
fact that it was verified by an attorney. The court granted our motion to strike finding that the attorney verification was not valid under
Decamp v. First Kensington Corp. (1978) 83 Ca.App3d 268, 275. We hope this ruling begins to curb the practice of unlawful detainer attorneys skipping the requirements
of Code of Civil Procedure section 396(a). We will keep filing these motions until this practice changes.

Now the Sheriff's Department court service division posted a paper on my door that reads NOTICE TO VACATE.

I was wondering if anyone can help me out with what I can do next to stay in my home. I'm going to file app-102 Notice of Appeal/Cross-Appeal form for an appeal.

Jeffrey I was wondering if you can help me out with how to file the law suite the way you filed it so Fannie Mae can not proceed with the sale if they get to kick me out. I just read post # 449 from Bagels at a Bar Mitzvah that you wrote. I do have a Foreclosure Review number, that they sent me telling me that it will take few months for the investigation. Do you think I can tell the appeals court that I have a Foreclosure Review number and if they can block the Notice To Vacate order.

Thank You and NEVER GIVE UP!


 

Jeffrey L. Shurtliff

LoanSafe Member
Dec 4, 2010
3,823
139
63
Jeffrey I was wondering if you can help me out with how to file the law suite the way you filed it so Fannie Mae can not proceed with the sale if they get to kick me out. I just read post # 449 from Bagels at a Bar Mitzvah that you wrote. I do have a Foreclosure Review number, that they sent me telling me that it will take few months for the investigation. Do you think I can tell the appeals court that I have a Foreclosure Review number and if they can block the Notice To Vacate order.

Thank You and NEVER GIVE UP!


If it is not been ten days since the verdict against you, you might look at rule 59 of the court for a Motion to Reconsider/ Alter or amend Judgment, as your foreclosure technically comes under Title12 USC section 1818. It is the property of the Reviewer and this shows improper venue. US District Court is the proper venue. Attach a copy of the Consent order showing that the state court is improper venue for your forclosure, you have a review number. Attach that to the Motion to Reconsider. I would ask the court for a TRO. If you have evidence of robo signing and it shows the Trustee's Deed could be erroneous then a lis pendens can be filed on the property by you asserting possession. This is a very complicated matter and I do not know alot about California law. Review the Court rules and see what you Rule 59 says. You make a Motion on paper and then file an affidavit of Material facts and why you feel you have been defrauded out of your house. The way I have stopped any sale of my house; is I have instruments recorded on the property, a lis pendens and a Res ipsa loquitur bar instrument; showing negligence of the recording of an erroneous Trustee's Deed, that has been shown to be a groundless instrument in the court. However; even with me showing this the deck is still stacked against me. Understand also they may be legal recourse; for this unconscionable corporate citizen to action against you. You must show violation of the law. This jurisdiction argument can be appealed but you must show substantive argument. I have done this but without it but have not appealed my case yet.
The argument you posted that you lost under, is this the only argument you have?.................Jeffrey
 

Jeffrey L. Shurtliff

LoanSafe Member
Dec 4, 2010
3,823
139
63
Read this case as it has case law showing Judicial Review can only be held with in the US District Court. 833 F.2d 672 YOu must establish in your argument jurisdiction under Title 12 USC 1818. Very complicated though and do not know your whole story to be able to help you completely.