Tag Archives: Garfield v Superior Court of Contra Costa County

A CALL TO ACTION

This is a call to action.  I sit here writing as I approach the completion of my “tell all” book about my personal experience of the illegal foreclosure of my home and subsequent lawsuit against Wells Fargo Bank for Fraud. The book has been a very difficult project to undertake, just as the lawsuit was, since I had to litigate my case personally. It’s been no easy task to take on one of the largest corporations in the United States, and I also found it daunting to write a book exposing the truth in a way that everyone is able to understand so that actions could be taken in order to create change to our broken systems. It would have been a lot easier to complete my book if the court had not silenced my case files.

My goal through all of this has been to expose the evidence I found which shows that EVERY deed of trust is based on fraud. This is because the banks know that the trustee is a strawman and hold no power in the deed of trust agreement to protect the borrower’s title from any wrongdoing from the banks, yet they fail to inform the borrower of this information and give the borrower a deed of trust agreement anyway. Therefore, there is never a “meeting of the minds” in the contract negotiations. The banks know this information because it was their lobbyists who constructed Senate Bill 1638, which was signed into law in 1996, by then CA Governor Pete Wilson. This law amended CA Civil Code 2934a, which is an integral part of the Power of Sale clause that pertains to a deed of trust agreement which dictates the rules of the non-judicial foreclosure procedure.

A non-judicial foreclosure procedure is used in a state using a deed of trust agreement. This procedure was instituted for use in order to alleviate any undo burdens against the court system by overloading the them with “frivolous foreclosure lawsuits”. In 1978, the CA Supreme Court issued a ruling in the Garfield v Superior Court for Contra Costa County, respondent being Wells Fargo Bank, specifically detailing the independence of the trustee in a deed of trust agreement. There is a presumption of correctness to papers being filed by the trustee in a non-judicial foreclosure procedure because the trustee is given the legitimacy of being the court as the trustee is to be independent in their oversight of the foreclosure process. There are 35 states in the United States that allow the use deed of trust agreements. All of the other states, which use standard mortgage agreements, are attempting to go through the transition of allowing the use of deeds of trust in real estate transactions. Let this sink in.

Since there was never a “meeting of the minds”, according to contract law and the Statute of Frauds, which is still valid law and dates back to the year 1677, then the contract is therefore based on fraud. Fraud in the inducement, fraud in the misrepresentation of facts, and much more. The fact that every deed of trust is based on a fraud legally means that every deed of trust is VOID. The fact that the contract is then VOID means that no borrower needs to pay back the funds to the lending party. The lending party should not have tried to use fraud in order to coerce the borrower into signing the legal documents. Due to their choice of using a fraudulent document in order to create a debt, they lose. The fact that no borrower needs to repay a fraudulent loan is not something that the banking industry wanted to have out into the public consciousness. If the fraudulent deed of trust was used as the instrument in the transaction in order to create the debt against the borrower who has paid any monthly payments to the lender for that fraudulent contract, then the borrower is due to have those payments returned to the borrower that were made to the financial institution who fraudulently collected on a fraudulent debt. Let this sink in. How long have you been making your payments, and how much would that add up to? Plus penalties…

Therefore the banks use every means available, including corrupting our judicial system by paying off and or putting pressure on those participants which might include; clerks of the court, bailiffs, witnesses, opposing counsel, court reporters, judges and district attorneys, the government, etc. I also wanted people to learn of the corruption in the legal system. The corruption I experienced by the court in my legal case, which is detailed in my book, is just one case out of the millions of illegal foreclosures across the country.

The above law, Senate Bill 1638, became effective as of January 1998. This allowed the banks to take a borrower’s note and title and use it as they see fit for their own profit without informing the borrower of that fact. This is another basis for the fact that there is not a meeting of the minds. The banks are able to profit from a borrower’s note by manipulating it on Wall Street and not having to give the borrower any percentage of profits from those investments. The borrower was never given the opportunity to profit in these investments which used the borrower’s title because the borrower was never given the information that the bank was going to be manipulating the title for profit. Therefore, the bank defrauded the borrower again through their misrepresentation of facts. You’ve heard of some of these types of investment vehicle at this point called Mortgage Backed Securities or Collateralized Debt Obligations, etc. These did not exist prior to the year 2000.

You see, in 1999, President Bill Clinton signed the Gramm-Leach-Bliley Act into law, therein repealing four key provisions of the Glass-Steagall Act. This Act is officially named the U.S. Banking Act of 1933, signed by President Franklin Roosevelt. These provisions were instituted to create a separation of banking powers of Wall Street and Main Street. In theory, Roosevelt was protecting the public’s assets because the restrictions did not allow Main Stream banks to gamble with their client’s assets in the same way that Wall Street does with their client’s investment portfolios. When President Bill Clinton repealed these provisions it opened the flood gates for Wall Street to begin to manipulate and gamble with Main Street assets such as real estate, car loans, student loans, retirement accounts, savings accounts, etc. It also allowed Wall Street to combine forces with Main Street banks which began the mergers and acquisitions of the banking industry to a consolidation to only a handful of corporations.

This consolidation created the current financial institutions to become what the Department of Justice’s, Eric Holder, called “too big to fail”.

So, what does this mean now?

Sign in and become a member to this blog for more upcoming detailed information. If you have a home in CA or any other state which uses a deed of trust, and you used a deed of trust agreement in any of your real estate transactions, or if you have been foreclosed on from your home, I urge you to contact me further through the contact page herein. Through the upcoming release of my book, there will be information which will instruct the reader how we are be putting together a class action lawsuit, and how the reader can become a part of that action. If you wish to participate in this process I urge you to contact this blog further through the contact page.

 

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