By Doug Boggs July 17, 2019
By Doug Boggs July 17, 2019
I’m a big fan of a toasted poppyseed bagel with butter and mozzarella, but I have never had a bagel at a Bar Mitzvah. In fact, I have never been to a Bar Mitzvah to be able to have a bagel. I wonder if I could turn this into a tongue twister? “Sally sells poppyseeds by the seashore…” What about, “How many poppyseeds can a woodchuck chuck…” Maybe not.
This blog post is a Part Two from the previous post. I want to post herein the original Comment from CAbooboo that I found online in order to reference to what was posted by them. We will dig deeper into the information I want to present after that.
I’m new and a forum novice. Since I’ve no one else to ask – am I nuts? I need to post and request input. A couple members gave much appreciated pointers:
FIRST … My debacle is in CALIFORNIA – a NON-JUDICIAL FORECLOSURE STATE
NEXT …. Details
Auction is FEBRURAY 7, 2017 at 9:30 AM.
Already filed Chapter 7 (explained below).
Concluded,after looking AGAIN at notes/deeds/numbers etc maybe I was trying too hard to FIND something. Felt OK … almost relieved. Then … this morning, came across the solicitation below. My question(s)
Any thoughts about the new owner of my loan? Is it too late to “do” something to save my home?
If not, what do I “do”?
Here’s the info:
According to SACRAMENTO County Recorder’s Office and The Trustee “BARRETT DAFFIN FRAPPIER TREDER”, Auction is set for your property located at 8149 VALLEY ST FAIR OAKS , CA 95628 and will be held on 2/7/2017 – 9:30:00 at SACRAMENTO COURT HOUSE 720 9TH ST, SACRAMENTO
Lender on file : BANK/NEW YORK M #2006-RZ3 (CE).WORLD SAVINGS
File ID Number : L P19531238
Trustee – Ck Address – Ck
LENDER ON FILE – Bank/New York ?!?
My loan summary:
2005 IndyMac construction loan – land was deeded to me
May 12, 2006 WORLD SAVINGS Pic-a-pay Loan $412K
April 27, 2007 Loan principle increased $10K in a year since I was paying the minimum
WORLD SAVINGS agreed to “modify” terms to a fixed rate – 5.95 % for 1 yr
May 14, 2007 WORLD SAVINGS – Obtained $100K Equity Line of Credit EOC
June 1, 2008 Fixed interest expired
WORLD (now WACHOVIA) agreed to “modify” again. 6.95% for three years.
2009 Paid property tax ($5200/yr) and insurance separately from mortgages which became difficult. Had been laid off – business attempts failed. Assets depleted. Result – IRS tax liens $75K California~$12K Hired attorney to help.
2011 Income increased. HAMP available Finally qualified.
August 1, 2011 HAMP 1st and 2nd – Wachovia, a division of Wells Fargo Bank, N.A.
2013 Struggled – Self-employed: Health Insurance Agent (100% commission)
Fell behind – applied for Keep Your Home Ca NIGHTMARE … will spare details … finally
August 2014 Finally approved – $23K bring current. Lien for same amount
AUG – DEC 2015 Fell behind again on first .. then the second. Fortunate to build next to my sister and niece. Called Wells Fargo – would do what I could to stay. Received assistance package.
Jan 2016 Tired of Merry Go Round. End of January Called to clarify docs needed for roommates – they agreed to include. Was informed file went to Foreclosure because ppwk not returned timely.
Missed by 2 days. Options: Bring current (3+ mo past due) or
Send request w/ new info (ie rent) to “RE-entry Team” and ask to be re-reviewed for mod.
Faxed. Approved. Back to Mod Team.
Roommates getting nervous. Friday before Memorial Day, called for status. Told one more form needed. Completed and Faxed.
June 1 – 12 Received email from Brittany at Wells. Other rep no longer there- file transfer to her. Confirmed they had all docs so waited for decision.
Received notice of sale June 12, 2016 – taped to the gate.
AUCTION – JULY 20, 2016 at 2:30 PM
Tho ultimately cancelled, the NOS caused TENANTS TO ACCELERATE RENTAL SEARCH. They moved in September,a loss of $850/month. Wells Fargo sent letter dated June 29, 2016 regarding assistance – Declined.
NOTE: I’ve posted personal info/events during 2016 under the Foreclosure thread and the Rules and Regulations forum (not correct). Review if interested. Found out there’s a limited nbr of characters for a reply!f
Sooo .. Denied end of June. Had 30 days to appeal. Day 29 – requested more info.
And had another tenant. Sent copy of rental agreement asking to add +$500 / mo to income.
AUG / SEPT / OCT
Didn’t communicate much because my sister rapidly declined (diagnosed in June / died in Sept – I live next door to sister and niece)Knew Wells didn’t care. Started researching. Found Homeowner Bill of Rights and Dual Tracking i
AUCTION DATE – November 4, 2016 at 9:30 AM
Talked to Wells – would they postpone? They were aware, family matters had taken precedence. Now that my niece was alone -really wanted to keep my house. Approaching sale left little time to explore options. Was given same choices: Bring current or request “re-entry”. Almost made re-entry w/ additional tenant – BUT … LOST my other $850 income due to Notice of Sale.
Frantic – Faxed ltr to “FORECLOSURE ESCALATION TEAM” the day before auction. Cited DUAL TRACKING. Was last ditch effort. Declined to postone – even though THEY owned the loan.
RE: Dual Tracking Wells investigated my “inquiry” and found no evidence of wrong doing.
November 3, 2016 Sick to my stomach
FILED CHAPTER 7 at 9:09 AM November 4th
AUCTION SET FOR 9:30 AM November 4th
Sale was halted and postponed to January 6, 2017.
No time or money – did BK myself. Kept researching – REALLY felt something was amiss. BK Trustee extended hearing twice, the last being January 25, 2017. Sale of home postponed.
FEBRUARY 7, 2017 9:30 AM
Trustee: BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP
October 18, 2016
Letter from Fay Servicing NOTICE OF SALE OF OWNERSHIP OF MORTGAGE LOAN
DATE SOLD: 9/28/2016 Servicer – Same – Wells Fargo
Name PROF-2013-S3 Legal Title Trust IV, by U.S. Bank National Association, as Legal Title Trustee
Early November, Wells transferred SERVICING to Fay. Fay sent package and said I had 30 days to request:
1/ The Note
2/ Deed of Trust
3/ Transaction History
Requested and reviewed ….Note is same – World Savings Bank – Adjustable Rate Mortgage Pick-A-Payment Loan.
Deed of Trust matches county records – Transaction History, dates consistent.
But the loan and holder of the note is the PROF-2013 S3 …. US Bank (as listed above).
So … Bank of New York? Where’d that come from? Where do solicitors get info?
Included w/ the Note from Fay, one page (that I don’t have) shows two undated endorsements:
One stamped “CANCELLED” reads:
Pay to the order of The bank of New York World Savings Bank A Federal Savings Bank
BY: Sig Name: Mike Rodriguez
Title: Assistant Custodian Of Records
WITHOUT RECOURSE PAY TO THE ORDER OF
Wells Fargo Bank, NA Successor by merger With Wells Fargo Bnak Southwest, NA F/K/A
Wachovia Mortgage, FSB F/K/A World Savings Bank, FSB
By _____ Signature ____
Georgiana M. Sieleni
Vice President Loan Documentation
December 5, 2016 Wells Fargo recorded a “CORPORTATE ASSIGNMENT OF DEED OF TRUST”
Done by Xee Lee VP Loan Documentation States – “For Value Received ….. lists World Savings to Wells … “grants, assigns and transfer to PROF-2013 S3 Legal Title Trust IV, by US Bank NA as Legal Title trustee ….” Am I nuts? missing something? Is it worth further research? If you’ve made it this far, thank you very much for your time. Input is welcome. Good night!
The first thing someone must do upon receiving a Notice of Default is to ask, “Does your Secretary know you are in business? This question is not something that should be taken lightly. And for Secretary, I mean, the office of the Secretary of State for whichever state you might be dealing with. You have no idea how many times this is not the case.
You see, when a corporation is going to be doing business in any state, they must first apply for their corporate status with the Secretary of State prior to the commencement of their doing business. This status is what helps define what type of tax and liability structure that the company has decided to delineate for itself. This can range from a C or S Corp, or perhaps an LLC or LLP, or even a tax exempt status of a 501(c)(3), better known as a non-profit corporation.
It’s quite simple after that. If they were not licensed to do business and they are writing mortgage contract agreements and deed of trust agreements these contracts are void.
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