Balancing the Scales of Justice for Pro Se Homeowners

Fact or Fiction?

Fact or Fiction?

FoF-Logo

Fact or Fiction?


In the midst of all this fraud it becomes easier for individuals to perpetuate their scams, or erroneous beliefs of how they "think" things should be instead of the reality of the situation. The following are some interesting side trips into fantasy that have cost homeowners dearly.

fiction fact

  The "Trustee" of your Deed of Trust running the    "Trustee Sale" must have a bond.


 Actually the "auctioneer" should have a bond not the Trustee.  California Civil Code Section  1812.60 explains the responsibility of the auctioneer to have a bond of $20,000 with the  Secretary of State.  This is not a "fiction" as much as a misunderstanding. Many people look  for the bond under the Trustee; but it is the auctioneer who is required to have a bond.   If you are not sure, please check with your attorney!

fictionUCC Filing with the Secretary of State

In this program, the homeowner sends the Lender a letter demanding the bank respond to the letter or they are in "default" for 3 to 10 times the amount of the homeowners loan.  When the bank, who probably reads the letter  and thinks..."what is this person talking about?" and gets it to someone to respond, their time to respond has passed. But the homeowner then sends a letter of default.  When once again there is no "timely" response from the Bank, the homeowner then files a UCC "lien" with the Secretary of State.  Then some individual (usually the one collecting money from the homeowner to facilitate this scam) files a lien with the Secretary of State. (Usually asking for YOUR signature). The person then checks the REO portfolio of the bank, locates properties in the REO portfolio, creates an "assignment of deed of trust", signs and records the assignment transferring beneficial interest to the homeowner.    

Not only is this process FICTION ...homeowners who participated are now fighting quiet title lawsuits from the banks. For the record, California Commercial Code  specifically states that "title to real property" cannot be forfeited with a lien. But don't take our word for it..discuss it with your attorney!There are even more things wrong with this process.  Reverse this logic - if someone sent you a letter saying if you don't respond you are in default...would you be liable for 1,000's of dollars?  This is FICTION.

fictionElectronic Transfer Fund will allow you to wipe out your mortgage debt.

For a while there has been a little program in which homeowners were encouraged to open up a checking account, close the account, then send the lender a check for the amount of the mortgage and insist that the bank only "electronically" process the check.   Under California Penal Code Section 476a an individual who knowingly writes a check on a closed account is guilty of a misdemeanor or a felony.  According to Shouse Law Group, a bad check is a "wobbler" - meaning the District Attorney can either file a misdemeanor or a felony.  

A misdemeanor gets you one year in the county jail and $1,000 dollar fine; a felony can net you up to 3 years in a STATE prison with up to a $10,000.00 fine. (Click here for Shouse). Seriously folks, you think this will wipe out a mortgage debt? Please please use common sense.  This is FICTION.

 

factAmerica's Wholesale Lender was NOT a New York Corporation as named on Notes prior to 2012 - the Note and DOT violate Civil Codes! 


 In fact, America Wholesale Lender, Inc. ("AWL") prior to 2012 is FICTION.  Bank of America, N.A. now claims America Wholesale Lender, Inc. was a dba of Countrywide at the time, but Countrywide never actually bothered to register AWL as a New York Corporation.   See our Causes of Action section which discusses the violation of California Codes when Countrywide fraudulently slipped America Wholesale Lender onto Notes. Do not underestimate the potential issues with this.  

Do you have a FACT OR FICTION for us?


If you have information on a FICTION that is misleading homeowners, and if we publish it on this website, we will pay you $50.00 dollars for alerting us to the scam.  (Payments made through paypal).

 

Email us with your name, email, phone number, the  "fiction" that is leading people astray!

X

Forgot Password?

Join Us

Password Reset
Please enter your e-mail address. You will receive a new password via e-mail.