There have been some interesting developments in the fight against fraudclosure, especially with Herrera v Deutsche Bank (not to be confused with Herrera v US Bank) and Skov. Both cases have brought about some interesting discussion surrounding the contents of the fraudulent (my description) documents the Banks use to wrongfully foreclose on people’s homes. Alas, not all wins are in favor of the homeowner, the Banks continue to defend their fraud with massive dollars being spent on top tier (and bottom tier) law firms. However, this blog, for today, will focus on the WINS..cuz’ we can all use some good news!
Keep in mind the first two are “partial” publications, so you can only cite to those parts that are published; and the 3rd one is unpublished. But you can read’em and learn from ‘em! ENJOY!
Herrera v. Deutsche Bank National Trust Co., 196 Cal. App. 4th 1366 – Cal: Court of Appeal, 3rd Appellate Dist. 2011 This case is fascinating in that the Court of Appeals (3rd District is located in Sacramento and Its jurisdiction is over the following counties: Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo, and Yuba.) discusses whether a Court can take judicial notice of the “contents” of the documents recorded in the County Recorder’s office. Hmm…what a novel thought… it seems like most people report that the Judge’s think that if the document is “recorded” then it is “truthful”. Not sure under what law they make that determination but clearly the Judge’s over in the 3rd District don’t agree. Bottomline 3rd district is saying “Recordation is not a substitute for evidentiary proof of the truth of the facts asserted in a recorded document “
Roger Bernhardt, a professor over at Golden Gate University (I am a raving fan of his legal reasoning) also has weighed in with his thoughts (and discusses how this ruling could have had a different outcome if the declaration had been done by a different liar entity’s employee) (Click here for his blog) Definitely toggle on over to Google Scholar and get the complete ruling, then supplement your reading with Bernhardt’s evaluation. Both contain invaluable lessons!
Next up is Skov v. US Bank National Association, Cal: Court of Appeal, 6th Appellate Dist. 2012 another homeowner win. (6th District is located in San Jose and has jurisdiction over the following counties: Monterey, San Benito, Santa Clara, and Santa Cruz). The Court deals with Judicial Notice of the “truthfulness” of recorded documents, like in Herrera, but also deals specifically with CCC § 2923.5 and MERS. )
Here the Court recognizes MERS (banks alternative to scamming tracking homeowner’s deeds of trust) as being allowed to initiate the Foreclosure. Ndex West (a non biased, non independent 3rd party Trustee) signed the Notice of Default as an “agent” of MERS, the beneficiary under the Deed of Trust. Doesn’t matter how many homeowners file to argue the right of MERS to initiate the foreclosure…this IS NOT GOING TO CHANGE. Haven’t we learned from Gomes, Gomez and Robinson yet? Come on people… our Judicial community has sanctioned this blatant disregard for our land records ….. focus on those things you CAN win on. You know..fraudulent Notice of Default, fraudulent assignments, substitutions of trustee, etc.
SALUTO v. DEUTSCHE BANK NAT. TRUST CO., Cal: Court of Appeal, 4th Appellate Dist., 2nd Div. 2012 Another homeowner win that one can only call “PRICELESS”. ( 2nd District main courthouse is in Los Angeles. The secondary courthouse, hosting Division Six, in Ventura. Division Six handles appeals from San Luis Obispo, Santa Barbara, and Ventura Counties, while Divisions One through Five, Seven, and Eight handle appeals from Los Angeles County) No one explains what happen with this case better than Martin Mandelman over at Mandelman Matters (See here to read his take on the whole thing) I have to say I take extra sweet pleasure in this case given that Deutsche Bank National Trust Company trotted out it’s POS Vice President Reynaldo Reyes – famous for his ability to lie without speaking an untruth. While this is an unpublished opinion it is an interesting study in both filing for a Quiet Title through a default judgment, and a true example of bank stupidity. God Bless Saluto..enjoy your home lady, you deserve it! (Keep in mind this ruling is not published so you can’t cite to it, but you can certainly learn from it!)
KEEP UP THE FIGHT!