Tag Archives: Wells Fargo Bank

Why the judge silenced my court documents

I want to be clear as to why the judge acting in my legal case silenced my court documents.  I want people to learn why the judge lied to me when he told me at the end of the case that he had copyrighted my court file.  The reasons are simple yet may not be very clear.   It is the same reasons that to this day there is still only a minute amount of my legal case documentation available for public record.  It is the same reasons that the court had conveniently “lost” the files from the court reporter that I had hired to transcribe the case.

To make this point we will go back a little bit to when I filed a lawsuit against Wells Fargo Bank for fraud, in early 2011.  In order to accomplish this task, since I didn’t have money for an attorney I had initially hired a paralegal to assist me in developing the paperwork so that I could file a cause of action and move forward in CA Superior Court.  After only a few moving papers filed the defendants filed a motion to move the case to Federal Court.  This is called Remanding the Case.  It was a strategy on their part.  Since I was acting as my own attorney and was thus far proving to be successful at filing paperwork to the court, counsel for the defense decided to send it up the chain to the federal level.  In the federal court system there are a different set of rules of court and rules of procedure to follow that the defense might be able to get me to stumble upon.

It was after they successfully remanded the case to the Federal Court of Northern California that my paralegal informed me that the case was now out of their league.  They were not familiar with the Federal rules and procedures and therefore felt it would be best for them to not assist me.  The paralegal was sorry for never dealing at the federal level and not knowing the information, but didn’t want to make a mistake on their end that would end my case or cause harm to me from their actions.

I can understand this and we parted amicably, but now I needed to learn everything I could about the rules of court and rules of procedure at the federal level.  This strategy on the defenses part was good because it made me not only have to learn the rules of the game, but at the same time, respond to the moving papers that they began filing.  I found myself in the law library and online nearly every waking hour of the day just trying to keep up.  So, I spent the next year and a half arguing about the fact that they never served or never appropriately by law served me documents when they would file a motion or moving paper.  they tried to get it to where I would not respond timely or show to a hearing because I would not have known the date or time.  We never even got to argue or litigate any substantive issues.

You see, over 90 percent of any and all court cases are won and loss due to simple procedural errors done by one of the parties.  These procedural errors are part of the rules of court or the procedures of the court as outlined by each state.  If a law firm doesn’t follow the rules as to how one is supposed to file a document, or how to fill out specific documents, or to show up to court on time, or to file specific documents on time, or to serve opposing parties, and a myriad of other rules that must be followed, the firm can lose the lawsuit by dismissal or demurrer based on not following the rules or law or procedure.   The law firm would then probably not tell their client the real reason that they lost and will probably inform the client of some other convoluted reason as to their loss, but it certainly wouldn’t be because of a procedural issue that the firm failed to do.  So, this means that if you simply learn and do the paperwork correctly, if you learn and do all of the filing correctly and make sure of all of the timing issues and get them done correctly, you will have an over 90% chance of winning.

So, I concentrated on this point alone and played that card as I learned the rules of the game.  So, if there were procedural issues from the opposing counsel that I could argue against (and there always was) I would.  This way I would not have to go down the road of arguing any legal points that they would bring up.  The law office for Wells Fargo Bank- Anglin, Flewelling, Rasmussen, Campbell & Trytten, LLP; and the law firm for the NDEX West, LLC acting as the Trustee- Barrett, Daffin, Frappier, Treder & Weiss, LLP wanted to get me into arguing the legal issues.  This was their arena.  This is what they know.  This is how they win by staying with what they know.

So, I am not a lawyer.  I do not have a subscription to Lexus-Nexus that I could easily shepardize legal precedents, appeals decisions and more at the flick of a keystroke.  My legal research was done in the UC Berkeley Law library, Hastings Law Library, or the San Francisco Law Library pouring over hundreds of volumes of legal tomes and familiarizing myself with legal cases for hours and days on end in order to try to wrap my mind around each case that the opposing counsel would throw out in their documents.  The referenced cases numbered in the hundreds and there was no way I would be able to stay with them and follow and argue appropriately if I stayed in their arena.

So, I would argue that the procedures to the paperwork were done incorrectly by them.  They did not file documents correctly, they did not serve the documents correctly, or they did not serve the documents at all.  This was where I could make a case, however, the court did not want to rule against or dismiss the case for the bank under procedural issues which would land someone with a home that is free and clear or can no longer be foreclosed upon.  The court wanted to stay away from this, so the court would never end the litigation.  It was frustrating to see how the courts would not follow the rules of their own court siding with the banks continually allowing them multiple “bits of the apple”.  However, during this time I was able to learn more and more about law, rules and how to litigate.  I was simply buying time.

I researched, memorized and learned more and more.  I reviewed my case notes from every angle and idea that would arise.  This time spent staying in the legal arena was tiring and frustrating to do and not really get into any substantive legal issues pertaining to my case, but it allowed me to find ways to learn.

So, over time I submitted Amended Claims and whittled away at honing my arguments.  I learned and found ways to file amended causes of action against Wells Fargo Bank for fraud.  This alone was difficult, as fraud is one of the most difficult causes of action to argue.  The nights were sleepless and the days were filled with research.  It was wearing me down.

I began to get much more focused in my argument against Wells Fargo when I was tasked by my study friend to find a Deed of Trust that actually abides by all facets of the existing rule of law.  Because I was unable to find a true Deed of Trust in how it was worded or signed, in order to substantiate my case to the court for what a true Deed of Trust document looks like as it based on the rule of law, I found myself in front of the computer system at the Alamed County Recorder’s Office for days on end, reviewing thousands and thousands of documents.  Eventually I found one that fit the parameters of what I was looking for that took me back to a contract dated 1997.

That was when I sat down an wondered why I had to go all of the way back to 1997 to find a Deed of Trust Agreement that fits the parameters as set out by the rule of law.  What took place that created this timeline of contracts where none of them actually comply with real estate contract law?  How can this be?

None of these contracts complied with contract law because they weren’t signed by the lending party, or if there was a Substituted Trustee the documents used to make this substitution we never signed by the borrower.  However, in 1997, I found a handful of contracts which both parties signed and any changes or substitutions were signed by all parties, and I found Re-Conveyance documents that were also filled out appropriately to the rule of law.

This action is simple and dates back to the Statute of Frauds (1677).  This is still valid law and on the books throughout the United States.  What this law states is that in any real estate contract it must be done in writing.  It also must be signed by all parties to the agreement.  This law also goes into the fact that if there are any changes to the contract agreement, any and all of the changes must be signed by all parties of the agreement.  This is the only way to make sure that the contract has a meeting of the minds throughout the duration of the agreement.

So, why was there such a lengthy timeframe where these contracts were not signed by both parties, or if there was a substitution of a trustee that this document was never signed by the borrower?  What was it in 1998 that happened that changed how these contracts seemed to be being used?

I looked deeper into changes in the laws regarding borrowing, lending and the power of sale in the state of CA.  I scoured through scores and scores of pages of legalese that made my head spin trying to find any change that I might put to reference that would explain why this might be the case.  I read and re read civil code 2924, et al, that dealt with foreclosure in California.  This is the code which dictates the power of sale clause in a deed of trust agreement in the state of CA.

I wanted more information, but I still needed to focus on the lawsuit.  I now knew that I had a true Deed of Trust Agreement as it is outlined in the rule of law.  I also knew that I had a true Substitute Trustee document as it is to be written according to the rule of law.  I also knew that I had found a true Re-Conveyance document as it is to be written according to the rule of law.  I could now used these documents in the courtroom as evidence to compare my documents with these others that exemplify by the rule of law as to what these documents are supposed to look like.

I noticed at that time that the CA Civil Code 2934a stated that a bank was able to name a new trustee.  It stated that the new substituted trustee would take on and possess all of the rights and actions deemed the previous trustee in a deed of trust agreement.  This got me thinking that if a bank could name a new trustee how did that relate to the independence of the trustee in a deed of trust?  So, a bank can “name” a new trustee, I find no issue with this.  However, substituting a trustee without the consent or signature by the borrower defies the Statute of Frauds.  It also means that if a bank has the right to substitute a trustee, and the previous trustee has no means of refusal of this substitution, then this simply means that the trustee holds no power against the will of the lending institution.  A new trustee could be substituted if the original or presiding trustee was no abiding by the actions of the bank.

So, if a trustee was calling to task some of the actions that a bank needed to address in a foreclosure action, and the bank was not addressing legitimate tasks regulated for them to do in a foreclosure action, the bank could substitute the trustee holding the bank to task and replace them with a substitute trustee that will allow the bank to act in whatever way it suits the bank and to file whatever document necessary to file stating that the bank has complied with all of the rules when in fact they did not.  Due to the fact that the bank might not have complied with the rules according to the power of sale, but the substituted trustee files the documents and asserts to the court that they did in fact comply and are acting in accordance to the rules the bank could foreclose on anyone, at any time, for any reason or no reason at all because there would no longer be a party entrusted by the state, namely the trustee, that will be tasked with oversight against the bank.  The oversight cannot be enforced by the trustee.  Because if they did try to enforce true oversight against the bank acting under the power of sale, if the trustee was not acting in the interests of the bank, the bank could substitute them with another party who would act in the way the bank wanted.  The bank would then be able to file any document, against any borrower, or against any property at any time.

This seemed out of line with the rule of law.  First, as per the Statute of Frauds any and all parties involved in the real estate contract must sign on all documents to the contract and all changes to any document to the contract throughout the life of the contract agreement.  Second, the CA Supreme Court rule in 1978 that the trustee is to be a third and independent party in a deed of trust agreement.  The trustee is to be at arms length from all parties involved in order to hold no bias to either party in the agreement.  It was the trustee who was to make sure that both parties acted in compliance with the rule of the contract.  It was the trustee who was tasked to protect the borrower’s title from any wrongdoing from the bank, and to protect the rights of the bank to be able to foreclose if the borrower failed to pay.  If either party did not act in accordance to the rules of the contract, including the power of sale clause, the trustee had the power to stop the foreclosure and make the bank act in compliance to the rules of the power of sale.  Third, if the trustee holds no power of oversight against the lender in a deed of trust agreement and they can be replaced at will by the lender in the agreement with another trustee who will act on behalf of the bank this means that there is absolutely no protections held for the borrower or the borrower’s title in a deed of trust.

This means that there is no true trustee and the trustee is a strawman acting on behalf of the banks.  This means that the banks know that they can manipulate the trustee to act on their behalf and know that the borrower has no protections to their title.  This means that everything that the deed of trust agreement stands for is moot.  This means that unless the banks inform the borrowers of this information which would make every borrower change their mind to whether or not they would sign a deed of trust agreement, prior to signing of the deed of trust agreement, this constitutes and act of fraud.  The fact that the banks are privy to knowledge about the trustee and the deed of trust that the borrowers are not privy to when the borrower signs the deed of trust agreement then there is not a meeting of the minds, that there is a misrepresentation of facts regarding the contract and therefore the contract is VOID.  if the contract is void the borrower is under no obligation to pay the lender for the money borrowed.  If the contract is void, there is no legal way a bank can foreclose against a borrower using the power of sale clause in the contract because there is no contract.  This means that a bank is unable to foreclose against a borrower if the bank used a deed of trust agreement to secure the money lent to the borrower.  This means that a bank holds no right to foreclose and the borrower holds the right of title free and clear.  If is as if the contract were 13 sheets of blank paper there would be just as much legal reference to the contract as it stands.  The banks participate in this misrepresentation of facts in every deed of trust document throughout the state of CA since 1998.  Let this sink in.

After I submitted this information in my fourth amended complaint and the defense attempted to argue various points of law in order to demurrer the complaint that I chose not to argue or respond to any of their legal points or case law that they were spewing out.  Because none of it was relevant.  I responded by stating that they must first prove that they have a true and legitimate contract to begin with.  They must first prove that they have and are in possession of a true and legitimate deed of trust contract as outline by the rule of law.  I was now holding them to task to prove that the deed of trust was legitimate as to the rules of law in the state of CA.  They must show the court that the trustee holds an independent position in the deed of trust agreement.  They must show the court that the trustee would be able to hold the banks accountable for wrongdoing against a borrower’s title without recourse against them by the banks if the banks were to chose to do so.  They must show that all parties have signed off on all documents and changes to the deed of trust agreement throughout the duration of the contract.

The defense was unable to do so.  The court was now in the unenviable position to side with a homeowner who has proven to the court how all of the deeds of trust in the state of CA since 1998 are based on VOID paperwork.

After this information was presented in the courtroom and there was no response available from the defense the judge looked at me and smiled and said, “Mr. Boggs, I know exactly what you are trying to state now.  I understand your argument and see where you are going with this.  Since we have nothing else from the defense,” he stated, “that I will have to take this under consideration in my chambers.”  Note that when he said this the courtroom was filled with other people from other cases and other witnesses that were listening quite intently.  So, by his “taking into consideration” meant that he would not rule in the courtroom so that all of the people would hear his response or decision.

So, he dismissed the case and took the documents out from public view and access.  This was how he silence my court documents.  The reason why he silenced the court documents should be clear at this point.  His decision that Wells Fargo Bank issued a fraudulent contract based on the fact that there is no legitimate trustee participating in the contract and that the bank failed to represent this fact to me prior to the signing of the contract makes the contract void means that all other deed of trust agreements in the state of CA could now file an actionable defense against the lender in the other contracts therefore negating every deed of trust in the state of CA dating back to 1998.  This also means that all of the money spent on all of the contracts by law should be returned to the borrowers who were lent money under the bank’s deceptive practices and misrepresentation of facts.  This means that the entire non-judicial foreclosure system is a fraud and broken.  This means that all foreclosures in CA must immediately be stopped and reviewed.  He also knew that there are 36 deed of trust states in the United States to which all of them have similar rules allowing similar practices across the nation.  This would have set a precedent that would have had a domino effect that would have collapsed Wall Street much more than what took place in 2008.  This not only would have set up a precedent that would have negated all deed of trust contracts in 36 states, but this would have also negated every mortgage backed security that used any of these mortgage agreements that these deeds of trust were held with that had been traded since 1998.

I think you can now understand why the judge silenced my court documents.

This is our judicial system.  There won’t be a ruling on truth, but only a ruling that works in the best interest of keeping the flow of capitalism as we have come to know it.  Despite the fraud, despite the corruption, despite any truth.

 

 

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I welcome those reading my story. I appreciate all of the emails I have been receiving. I also appreciate those who have registered and subscribe to this blog. If you have come from Facebook please comment on this site, rather than any Facebook post of this page due to the fact that there are many readers who are not part of Facebook forums, or even Facebook itself. I encourage all readers to put their comments on this site so that all of the information will be accessible to all readers from all parts of the internet. I urge you to join this site and receive the RSS feed, or bookmarking us, sharing us with your friends on Facebook and Twitter. If you know of anyone who might benefit from this information I urge you to pass on this website address! Share and let’s make some change together!

Thank you for stopping by.

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©2014-2017 Doug Boggs All Rights Reserved

The Trustee is given the presumption of correctnes

The Trustee in a non-judicial foreclosure procedure is given the presumption of correctnes[s] in the performance of their position.  This is what the banks or beneficiaries are well aware of and use to their advantage in a non-judicial foreclosure procedure.  Because, by law as ordered by the CA Supreme Court, the Trustee is ruled to be independent and act on behalf of the court in the transaction and is to be at arms length from either the borrower or the lender, the documents filed by the Trustee are considered to be true and correct.  What exactly is true and correct anymore?  As we move forward through this post I may repeat myself a few times in order to make sure of the reader’s clarity.

You see, the Trustee is given the power of the court and subsequently is given the presumption of correctness.  Meaning that, if there were to be a legal action taken by a borrower against a beneficiary for wrongful foreclosure in a non-judicial foreclosure action, the court will first abide by what the Trustee says to be true and correct because they are acting as the court.  It is now the job of the party being foreclosed on to show the court of the illegalities being made by the beneficiary, rather than the Trustee doing their job to begin with, because the Trustee works for the banks and is a strawman in the transaction acting in the best interest of the bank.

It is the job of the Trustee to be independent and to make sure that the paperwork being filed is done according to the rules and is true and correct as it relates to the necessary actions to be taken in the power of sale.  What this truly means is that the paperwork that is submitted by the beneficiary is to be filled out correctly, however, this does not mean that the contents and actions which are stipulated within the documents have been done correctly and in accordance to the rule of law.  So, therefore, the Trustee oversees that the paperwork might be FILED correctly, however, that does NOT mean that the actions to which the beneficiary is claiming to have done, that have been stipulated within the documents in order to comply with the rules of the power of sale, or the contents of the documents, have been done correctly or if at all.  But, because the Trustee is given the presumption of correctness by the court it is assumed by the Superior court that things have been done according to the rules of the power of sale.

So, what happens when the beneficiary does NOT follow the rules of the power of sale?  According to the court, because the Trustee allowed the paperwork to be filed in the County Recorder’s Office, the Superior and Federal Courts assume that the contents of the documents are true and correct.  Why is this?  Because the Trustee is to be independent of both parties in the contract and is to be without bias to the information one way or the other.  It is because of this assumed independence that the Trustee is given the presumption of correctness in their actions.

The beneficiaries know that they have owned the Trustee and have since 1998.  They know that the Trustee is not independent and that the Trustee works in the best interest of the beneficiary and with no interest to the borrower.  For this reason, the Trustee will file any document that is filled out by the beneficiaries, or any party acting as a beneficiary, even if all of the information in those documents are a lie, false, and fraudulent.

When Wells Fargo came at me with guns blazing and filing their Notice of Default, I noticed that the documents were filled with incorrect information.  See my post Notice of Default.  The contents of the information were incorrect.  The papers that were being filed were being filed in order to deceive the court so that the beneficiary could quickly foreclose without allowing us the opportunity to rectify the situation from our end.

The beneficiary is able to use the accepted public perception, and the rule of law set down by the CA Supreme Court in 1978, which dictates that the Trustee is independent.  In this independence it is the intent that the Trustee act on behalf of the court.  Therefore the paperwork is considered true and correct because of the presumption of correctness that is given to the Trustee no matter what the information in the paperwork seems to state.  This is how someone who is current on their payments can be foreclosed on.  This is how someone who paid cash can be foreclosed on.

The Trustee has worked for the banks and has been since the Senate Bill 1638 was passed as law and became active law on January 1, 1998.  The courts have turned a blind eye on fact that the beneficiary and the Trustee are to be independent.  The courts have incorrectly allowed or acted in a complicit nature to the fact that the banks and the Trustee are able to work together in a fraudulent manner.  The courts have turned a blind eye to the fact that when there are any changes to a real estate contract they must be signed by all parties.  The State has incorrectly allowed or acted in a complicit nature in order to allow the banks to fraudulently use a deed of trust mortgage since the year 1998.

(NOTE: If you have not read my previous posts on this issue you can do so and catch up by clicking How is your deed of trust VOID?)

The judicial system itself sold out to a law that had been in the books since 1677.  In 1998 when CA Civil Code 2934a was amended through Senate Bill 1638, and instilled into law on January 1, 1998, it was reiterated in the new law that all parties must sign to any changes to the contract agreement.  Because the courts have turned a blind eye to the fact that the Trustee is to be independent is the exact reason that the deed of trust agreement is fraudulent and VOID.  Because the courts and the state have turned a blind eye to the fact that all parties must sign any and all changes or substitutions that are done to the deed of trust agreement also show how corrupt things have become.

 

 

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I welcome those reading my story. I appreciate all of the emails I have been receiving. I also appreciate those who have registered and subscribe to this blog. If you have come from Facebook please comment on this site, rather than any Facebook post of this page due to the fact that there are many readers who are not part of Facebook forums, or even Facebook itself. I encourage all readers to put their comments on this site so that all of the information will be accessible to all readers from all parts of the internet. I urge you to join this site and receive the RSS feed, or bookmarking us, sharing us with your friends on Facebook and Twitter. If you know of anyone who might benefit from this information I urge you to pass on this website address! Share and let’s make some change together!

Thank you for stopping by.

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©2014-2017 Doug Boggs All Rights Reserved

How is your deed of trust VOID?

How is your deed of trust VOID?  The example herein will be using CA law, however keep in mind that there are 34 other states that use deeds of trust.  Due to the nature of the foreclosure fraud that happens throughout the country in EVERY state, there is a sure chance that there are similar laws and rules that dictate a similar scenario in your state.

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If someone lends you money it seems quite natural to pay them back for that action.  This is the world we have all seemingly agreed to live within.  In our global paradigm of capitalism it is natural to most people that it is honorable and just to pay the lending party back for the money that was borrowed.  This seems fair and responsible to want to pay back the lending party for their generosity.  This is something that I have heard from everyone that I have spoken to on this subject.  Sometimes there are transactions that have the person who lent the money receive interest for the money that they lent the borrowing party. All of this seems quite natural in the order of things.  People find it honorable and their personal responsibility and duty to return borrowed money.  This seems to be human nature.

There are also times when money gets exchanged and there is a contract involved outlining the details of the exchange.  In normal contract law, both parties must understand all of the details that are outlined within the documents.  It is the obligation of the contracting party(lender) to make sure that the borrower understands all of the details that pertain to the contract.  If there are certain details that are within the contract that the borrower does not understand it is the job of the lender to make clear of any questions or concerns for the borrower.  There must be a “meeting of the minds”.  Everyone must be “on the same page”.  This means simply that the lender and the borrower must know and understand all of the terms of the contract and must agree to all of the terms of the contract.

Now, let’s put this into a context using real estate.  In this context, the contract MUST be in writing.  This dates back to a law called the Statute of Frauds, back to the year 1677.  All of the terms and conditions of the contract MUST be clear and understood by the borrower, as we said that this is standard contract rules.  In real estate, the contract, through the life of the contract, MUST be signed by all parties within the contract.  This comes from the Statute of Frauds.  If there are changes in a contract, then the changes or amendments create a new contract between the parties, therefore, all parties must sign off on any changes throughout the duration of the contract.  Seems fair, right?  If this doesn’t take place and there is confusion about any of the terms of the contract this means that the contract is voidable.

What if the lender does not inform the borrower of certain terms and conditions that are in the contract?  This would mean there is never a meeting of the minds and the contract is voidable. However, what would happen if the lending party actually deceived the borrower, by hiding certain details that exist in some of the terms of the contract, in order to entice the borrower into signing a contract that if the borrower were to know that information would not sign the contract?  These details that are withheld are paramount to the meaning of the contract itself and if the borrower were to have known the details of this withheld information prior to signing the documents they would have not agreed to the terms of the contract.

If this were to happen then the contract is not voidable, it is VOID.  The contract is not worth the paper it is printed on.  This is due to the fact that the lending party knowingly defrauded the borrower by not informing the borrower of imperative details of the contract agreement, so therefore through the actions and choices made by the lender in an attempt to deceive the borrower in order to create the transaction, the contract is VOID.  The borrowed money doesn’t need to be paid back because it was created out of fraud.  If a contract is created out of fraud it is not voidable, the contract is void.  This is clear law.  It is VOID because it was knowingly created in order to deceive one party over the other.  So, the party who attempted to deceive the other is out that money due to the risk of deception they chose to enter into in order to orchestrate the contract agreement.

Everyone knows that there is some level of deception in a monetary transaction when they go to the table in Vegas to gamble.  Everyone knows that the house always wins.  However, in real estate we don’t normally think that we are being deceived when we borrow money to buy a property.  In this case, your house doesn’t win, you lose your house.

This is what happens everyday, in every deed of trust contract, in CA, and all other states throughout the country.  Again, we will use CA as an example for this, but there are another 34 other states in the United States that use deeds of trust.  And many of the other states are attempting to pass legislation that will create deeds of trust states.  If you are a homeowner then this is what happened to you, or your family, your neighbor and every homeowner you know who borrowed money using the regular avenues of institutional financing.  This has been happening in the state of CA everyday, on nearly every deed of trust agreement since the year 1998.  Whether the property is valued at $1 or $100,0000,000, or more.

How is that?  Some of this is laid out in my previous post found here, but we’ll go over it again in order to make things clear.  Do review the previous post as well for a broader scope of information and point of view.

It is hard for people to grasp that they have been swindled when they are still in their homes, are paying for their money that they borrowed and no one is knocking on their door demanding for their money.  Life seems “normal”.  It seems that all is okay and that they were not defrauded.  I hear it every time I talk with people.  They say, “Oh, that didn’t happen in my case, because everything is going well.”  However, you have been swindled and the bank is betting on your moral compass that you will pay them for defrauding you.  And the banks are winning.  You’ve all been duped.

But, what if the contract were VOID and you didn’t have to pay back the bank for defrauding you out of your hard earned money?  How would that change your life?  How would that change our society?  What would you do with all of that money?  How different would your life be if you didn’t have to pay back the bank every month for their deceptive behavior?  It was their actions, not yours, which dictated the result of them not receiving their money back because they lent the money through deceptive means.  Why should the bank be rewarded the return of their money if the only way for you to borrower it was to deceive you?

What makes the banking industry immune to the rule of law?  Why are they able to lie to every borrower in order to secure a contract?  Why are they able to cheat every borrower out of hundreds, thousands or millions of dollars on a monthly basis?  Every month, every year, for decades?  Every month a property owner receives a statement requesting payment for a mortgage.  Every month a property owner is deceived out of their money through this statement from the financial institution requesting payment for the VOID contract that they are collecting on.  Every month, on every deed of trust real estate contract, the bank is defrauding you of your money.  This is mail fraud, and this goes on for each contract throughout the country, month after month, year after year.

How are the banks able to steal homes when someone paid cash for their home and never had a bank in the transaction?  How are banks able to steal homes from people who are current on their mortgage?  If these actions can happen does this mean that the entire system is wrong?

No, actually.  There are laws in place that are designed to orchestrate a proper real estate transaction.  The laws just aren’t being followed or policed.  What it means is that the entire system is corrupt, that’s all.  The systems that pertain to real estate are the lending system and the judicial system.  Both are corrupt in this transaction, otherwise we would have had solutions to this specific issue and I wouldn’t need to be writing this.  But, this is not the case, and I am sitting here writing.

You see,  in 1978, the CA Supreme Court issued a ruling in the Garfinkle 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.  The independence is what makes the deed of trust work.  They were clear on this, because the Trustee in the transaction is given the power of the court in the transaction.  The independence is what makes the “court” fair and just.

In CA, the process of foreclosing on a borrower is called a non-judicial foreclosure procedure.  The non-judicial foreclosure process was created in order to alleviate any burdens to the court system of any frivolous lawsuits and to help streamline the foreclosure process.  So, if the Superior Court was taken out of the foreclosure process, then another party needed to be reinstated to act as the court in order to conduct a fair and just foreclosure procedure.  So, as the “court” now being the trustee, which the CA Supreme Court ordered was to be independent to both the lender and the borrower in the real estate transaction, they are the rule of law.  It is their position to act independent of all parties and to make sure that both parties in the transaction follow the rules of law as it pertains to a deed of trust agreement.

These rules are outlined in the CA Civil Codes.  The Civil Codes create rules which dictate what is known as a Power of Sale clause that is in a deed of trust real estate agreement.  This rule is CA Civil Code 2924.  When the borrower defaults on the loan payments the Power of Sale becomes activated and the bank is able to begin the foreclosure process.  However, there are also a set of rules with which the lender must comply with.  They must comply each and every rule in order for the non-judicial foreclosure process to be done in accordance to the rule of law. If there is a rule that is missed or done incorrectly, it is the duty of the Trustee stop the foreclosure process.  It is then their duty as “the court” to make the banks comply with the certain code that they failed to comply with.  In other words, the foreclosure process must stop, the lender must make the efforts to comply with the rules of foreclosure and begin the foreclosure action again so that the lender then does in fact comply with all of the rules as they pertain to the foreclosure civil codes and rules of procedure.

So, if the bank doesn’t comply with the rules accordingly, the Trustee is able to stop the bank from wrongly foreclosing on the borrower.  One would think, but no.  It is this reason that people who have paid cash for their home are able to be foreclosed on.  It is for this reason that someone who is current on their mortgage can be foreclosed on.

You see, in the year 1996, the bank lobbyists wrote Senate Bill 1638.  It was brought to the table by then Republican Senator Ross Johnson and signed into law by then Republican Governor Pete Wilson.  This bill became enacted law on January 1, 1998, to amend CA Civil Code 2934a, which is part of the Power of Sale.  What was it that was in this bill that created every deed of trust to become VOID?

 SB 1638, Johnson.  Deeds of trust:  trustee substitution.
   Existing law sets forth the procedures for the substitution of
trustees under a deed of trust upon real property or an estate for
years therein.
   This bill would, as an alternative procedure, set forth the
procedures for the substitution of trustees under a deed of trust
upon real property or an estate for years, given to secure an
obligation to pay money, by the beneficiary or beneficiaries under
the trust deed who hold more than 50% of the record beneficial
interest of a series of notes secured by the same real property or of
undivided interests in a note secured by real property equivalent to
a series transaction.  The bill would also establish a process
through which all of the beneficiaries under a trust deed can agree
to be governed by beneficiaries holding more than 50% of the  record
beneficial interest of a series of notes in real property or
interests in a note equivalent to a series transaction, as specified.
  In order to substitute trustees or agree to be governed by the
majority interest holders, all parties to the transaction would be
required to sign and record a document containing specified
information.

So, as an alternative procedure, the new law set forth the procedures for the substitution of trustee under a deed of trust upon real property.  So, this new law pertains to the party (beneficiary) or beneficiaries under the deed of trust who hold more than a 50% control of the record beneficial interest of the note or a series of notes secured by the property.  In other words, this new law allows the beneficiary to be the party to dictate the substitution of a trustee under a deed of trust.  It goes on to state that in order to substitute a trustee that all parties to the transaction would be required to sign and record a document containing specified information.

Let’s tear this apart.

If the bank is the beneficiary, which in many cases is so, then this gives the bank the power to substitute a new trustee.  So, this means that if an original or other substituted trustee is not allowing the bank to perform illegal actions against the borrower, this law gives the bank the right to substitute to a trustee who will allow the bank to perform illegal actions on behalf of the bank in order to wrongly foreclose on someone.  It also means that every borrower must be a party to sign the substituted trustee when the bank is attempting to do this action.

Now, let’s tear this apart further.

If a bank chooses to foreclose on a borrower who is current on their mortgage and the Trustee is not allowing the bank to file the necessary fraudulent documents into the court, or the County Recorder’s Office, because the bank is unable to prove that the borrower has defaulted on their obligation, then the new law has now given the bank the right to change that Trustee to a party who will comply with the illegal activities of the bank who is choosing to illegally foreclose on someone.  So, let’s take this a bit further.  If someone has paid cash for their home and the bank’s computer spits out an address through their foreclosure software, or a human being puts in an address 222 instead of an 888 into the address of the party to be foreclosed, and there is no independent trustee to put a stop to the wrongdoing, then the wrong home will be foreclosed on.

So, when the bank offers the borrower a deed of trust agreement in the real estate transaction, it would be only natural for you as a borrower to assume that there is an independent Trustee that is in the transaction to make sure that the bank complies with all of the appropriate rules and regulations of the foreclosure process in order to protect your title, your home, your asset. The fact that the bank does not inform the borrower that they know that they can replace a Trustee who acts in the interests of the bank, and holds no interest to act on behalf of the borrower in order to protect the borrower’s title, is fraud.  Because this is fraud, the contract is VOID.

Would you sign a real estate contract if the bank, or realtor, told you that the trustee will not act on your behalf and will not protect your title if the bank were to decide to foreclose on you whether you defaulted, or whether you were current on your payments?  No, nobody would.

The courts have also allowed, because of this rule, the banks the ability to substitute the trustee in all deed of trust real estate transactions for decades.  They have also allowed this action to take place without the borrower’s signature, as it was outlined in the new law, as well as, the Statute of Frauds rule dating back to 1677.

The Trustee is a strawman.  Black’s Law Dictionary defines a strawman as a third party used as a cover in illegal or shady deals; a weak or flawed person with no standing.  So, if the banks know that they have the power to create a strawman for a trustee then there is in fact no independent trustee in the transaction as it was defined by the CA Supreme Court in 1978.

So, the law states that there is to be an independent party, named Trustee, in a deed of trust agreement.  But, the banks have the power to substitute a new trustee.  The courts have allowed the banks to levy this power without the borrower’s signature since 1998.

So, it is very clear that every deed of trust contract agreement that has been signed since the year 1998 is fraudulent.

How did I find this out?

When the very first documents in my non-judicial foreclosure action had incorrect information in them allowing Wells Fargo bank to quickly and illegally foreclose on me, I began to look into the computer archives at the county recorder’s office for a legitimate deed of trust agreement and a legitimate Substituted Trustee that was signed by all parties involved in the transaction, as the 1996 law stated was to be the case, I had to go back into the archives to the year 1997.  It was only then when I began to look into why.

When I began to understand the gravity of this specific issue, I realized that this was the needle in the haystack that no one is talking about.

When I formulated my argument in the court for the 4th Amended Complaint, Judge McGuiness of Superior Court in Alameda County looked me straight in the eyes and told me he understands what I am trying to state.  That he now fully understands my argument. He stated that he gets my points of fact and he would need to take this into consideration.

Why didn’t he simply rule on my case then?  Because the courtroom was filled with people.  Because it would become precedent and common knowledge that all deeds of trust, in CA, were fraudulent and illegal and VOID.  Since 1998…This would have created a situation that would have made every real estate contract either go into litigation and become VOID dating back to 1998, or certainly some other repercussion that was to be measured only as astronomical in our capitalistic paradigm.  But, I believed it is necessary for us to make these type of changes since the entire system is actually based on fraud.  And this is only the beginning.

My case was immediately dismissed and my court files were quickly silenced.

 

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I welcome those reading my story. I appreciate all of the emails I have been receiving. I also appreciate those who have registered and subscribe to this blog. If you have come from Facebook please comment on this site, rather than any Facebook post of this page due to the fact that there are many readers who are not part of Facebook forums, or even Facebook itself. I encourage all readers to put their comments on this site so that all of the information will be accessible to all readers from all parts of the internet. I urge you to join this site and receive the RSS feed, or bookmarking us, sharing us with your friends on Facebook and Twitter. If you know of anyone who might benefit from this information I urge you to pass on this website address! Share and let’s make some change together!

Thank you for stopping by.

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©2014-2017 Doug Boggs All Rights Reserved

Hypocricy

hy·poc·ri·sy –  həˈpäkrəsē/ – noun
1. the practice of claiming to have moral standards or beliefs to which one’s own behavior does to conform; pretense.

synonyms: dissimulation, false virtue, cant, posturing, affectation, speciousness, empty talk, insincerity, falseness, deceit, dishonesty, mendacity, pretense, duplicity;

More antonyms: sincerity
Origin – Middle English: from Old French ypocrisie, via ecclesiastical Latin, from Greek hupokrisis ‘acting of a theatrical part,’ from hupokrinesthai ‘play a part, pretend,’ from hupo ‘under’ + krinein ‘decide, judge.’

How can we dig ourselves out of such a hypocritical system?  We live in a financial world where we use words like Trust, Trustee, Deed of Trust.  In 35 of our 50 states, someone who is borrowing money to purchase a home is given a Deed of Trust contract agreement by a financial institution.  In this system, through my own personal lawsuit against Wells Fargo Bank for fraud, I uncovered that through revisions that were done to Ca Civil Code 2934a, in 1998, a financial institution is well aware of the fact that a Trustee in a Deed of Trust contract holds no protections for the borrower and the borrower’s title.  The financial institution is well aware that the Trustee is a straw man, and that the bank is able to control and manipulate the borrower’s title the moment the borrower signs the paperwork.  The banks are well aware of this, yet, fail to inform the borrower of this fact, therefore, deceiving the borrower into a false contract agreement making this entire contract void on its face.

We live in a confused hypocritical world where our leaders are filled with empty talk, dishonesty, insincerity, posturing and deceit.  Where their duplicitous nature seems to be the norm.  Where one stands up against drugs and touts the continued need for the failed ‘war on drugs’ only later to be found with cocaine and marijuana after being stopped in a routine traffic violation.  Where another married, white, maleCongressman who stands firm against LGBT or minority rights, is only later to be found shagging an African-American transvestite in the congressional bathroom.

The people in the United States live in a perceived ‘democratic’ society.  But, our own previous President, Jimmy Carter, has called it an Oligarchy.  This oligarchical system where we have our armed forces, at the bequest of American corporations, travel all over the world overturning democratically elected officials of other countries, overthrowing those politicians in order to install a more politically American friendly despot. Of course, all of this is done in the facade of spreading democracy around the world in order for American companies to have a more strategically powerful capitalistic stronghold over another country’s own labor, oil or mineral reserves.

Americans live in a system where we are taught that our vote can make a difference.  Yes, the original ideals of our system of government are the idea of one person one vote, however, history shows us that through the gerrymandering and redistricting of voting boundaries, our one person one vote is shut out to a specifically calculated populace that will create a delegate who will vote, as in many cases found,  for whichever political party that they are paid to do so.

Our ‘democratic’ system is continuously passing new and more refined voting laws that have shut out the elderly, the minorities, the sick and frail to fend for themselves.  These new laws create so much confusion that when people show up to cast their vote, they show their government supplied ID or drivers license, but then they are told that they cannot vote because they do not have the proper new identification that is necessary due to some new rules that was instituted.  Or, that people in these new redistricted areas find that they have less voting centers and must travel many miles to cast their vote, as well as, wait in line for hours on end in order to do so.  I guess it is up to us to find the time to stand in line, as seen recently in Arizona, 6 hours to vote, allthewhile, needing to work 60 hours a week just to keep food on the table.  Fit that into your schedule.  Our government knows that creating a national holiday can be dangerous, because that would make more people have the opportunity to vote.

I think we are all well aware of the fact that our political system is rigged and filled with fraud and corruption.  We know that there are some voting machines that are reporgrammed and tampered with, that change a vote from one party to another, or one candidate to another once the vote is cast, but we can only hope that all of the machines aren’t re-programmed in this way.

We all live in a world where politicians lie in order to acquire the trust of the people who are tasked to vote for them.  Where the Supreme Court has allowed politicians the levity to lie and make it okay to do so in the political arena.  Yet, we are asked to vote for the politician who has the best interest of the public in mind.

We live in a country where the Constitution states that one person is one vote.  We live in a country where a corporation is considered a person.  Albeit, a person who has more rights that another person.  Our Supreme Court ruled in 1818, in the decision of the Trustees of Dartmouth College v. Woodward(17 U.S. 518 (1819)), writing: “The opinion of the Court, after mature deliberation, is that this corporate charter is a contract, the obligation of which cannot be impaired without violating the Constitution of the United States. This opinion appears to us to be equally supported by reason, and by the former decisions of this Court.” Beginning with this opinion, the U.S. Supreme Court has continuously recognized corporations as having the same rights as natural persons to contract and to enforce contracts.

Seven years after the Dartmouth College opinion, the Supreme Court decided Society for the Propagation of the Gospel in Foreign Parts v. Town of Pawlet (1823), in which an English corporation dedicated to missionary work, with land in the U.S., sought to protect its rights to the land under colonial-era grants against an effort by the state of Vermont(the home of Bernie Sanders) to revoke the grants. Justice Joseph Story, writing for the court, explicitly extended the same protections to corporate-owned property as it would have to property owned by natural persons. Seven years later, Chief Justice Marshall stated: “The great object of an incorporation is to bestow the character and properties of individuality on a collective and changing body of men.”

Since the Supreme Court’s ruling in the right winged Koch Brother’s private organization called, Citizens United, things have changed dramatically.  Through the Citizens United v. Federal Election Commission in 2010, the United States Supreme Court upheld the rights of corporations to make political expenditures under the First Amendment. Since, there have been several calls for a U.S. Constitutional amendment to abolish Corporate Personhood.  While the Citizens United majority opinion makes no reference to corporate personhood or the Fourteenth Amendment, Justice Stevens’ dissent claims that the majority opinion relies on an incorrect treatment of corporations’ First Amendment rights as identical to those of individuals.  Riiiiiiight…

We live in a system where that one person is allowed a maximum political contribution of $2700, yet, due to the ruling of Citizen’s United, corporations are allowed to give unlimited amounts to any specific candidate.  Perfect way to keep an oligarchy running.

As you may have been these last few days, people rush to complete their tax filings.  Yet, it is well documented and public knowledge, which most people seem to refuse to acknowledge or believe, that the income tax system of the United States was never ratified by all of the states and because of that fact that there is absolutely NO law that requires any person in the country to pay their hard earned money to the IRS.  Many people cannot wrap their head around the fact that our tax system is designed around a private corporation, called The Internal Revenue Service.  This private company is tasked to extort and collect money from the citizens of the United States in order to pay another private corporation called The Federal Reserve.

We must have the courage to take deeper look into the hypocrisy of our society and what we as a society are going to do change our systems to allow us to live in a more sincere civilization.  It is our responsibility to create the world we wish to live in.  We cannot ask those hypocritical leaders to create a sincere civilization.  In the words of Mark Twain, “If voting made any difference they wouldn’t let us do it.”

 

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I welcome those reading my story. I appreciate all of the emails I have been receiving. I also appreciate those who have registered and subscribe to this blog. If you have come from Facebook please comment on this site, rather than any Facebook post of this page due to the fact that there are many readers who are not part of Facebook forums, or even Facebook itself. I encourage all readers to put their comments on this site so that all of the information will be accessible to all readers from all parts of the internet. I urge you to join this site and receive the RSS feed, or bookmarking us, sharing us with your friends on Facebook and Twitter. If you know of anyone who might benefit from this information I urge you to pass on this website address! Share and let’s make some change together!

Thank you for stopping by.

©copyright 2014-2016 Doug Boggs

CA Rule of Court 8.25, Filing and Service to stop our foreclosure sale

confused w pile of books

Before I get into CA Rule of Court 8.25, about filing and Service of court documents I wanted to step back a second. Once we got our case completed, prior to filing it with the court, we found the Lis Pendens and complaint then needed to be reviewed by a judge. (NOTE: only because we filed in Pro Per, attorney’s don’t need to have a judge’s permission to file a Lis Pendens. Another way the court makes it harder for the self litigator…and it is said that justice is fair…) We then submitted it to the Clerk of Court after waiting in the line for nearly two hours. Once the clerk reviewed all of the documents and made sure all of our paperwork was filled out correctly, she took our case documents and stamped them with a docket number. I felt a huge rush of energy flow through me when she stamped the documents. I felt a confidence building within me that I had not felt in the past few years. I had a moment where I felt empowered in all of this living hell…if only for a moment.

Upon receiving our docket number, I was then able to run across and up the street a block to the County Recorder’s Office. We then filed our Lis Pendens with the County Recorder. After filing the Lis Pendens with the County Recorder, I walked back to the Clerk of Court and I filed the County Recorder’s stamped copy of the filed Lis Pendens, with the court.

Now, the clerk of court had asked for two copies to keep, and I brought another copy for them to stamp that I could take for my files. I did this every time I filed anything with the court for the next 3 1/2 years.

Over the previous three months in order to get to this point it had all been a whirlwind. It was nearly all I did was focus on our lawsuit. I had been unemployed for a very long time, due to the collapse of the housing industry during the collapse of the economy, which beginning for me was, in the middle of 2009. I had no children. My health was good, outside of some feelings of anxiety, helplessness, depression, exhaustion, and other overwhelming feelings. I took the time to dive in and do the work. We lived sparsely in order to stay focused on the problem at hand.

My point for rushing to get things filed on the dates we were attempting to was to stave off the impending auction of our house that had been scheduled within the upcoming few days. I wanted to make sure that all parties were privy to the filing, and not by simply filing with the court. We also wanted to make sure they were served before the auction was to begin. So, in order to stop the auction of the property, we felt we should serve the defendants the court documents by overnight mail.

As I had stated previously, in order to find the appropriate addresses necessary to serve a corporation legal documents I reviewed the corporate information to all of the parties mentioned in our case as defendants on the website of the Secretary of State.

I made sure that I would get a signature and time stamp of when the service was completed. After serving the court documents to all of the parties it is the rule of the court that you must then file the proof of service documents to the court for all of the defendants. Rule 8.25 is the rule of the court for service, filing and filing fees can be found at: Rule 8.25. Upon completion of service to all defendants you must then file with the court the proof of service of the documents. This is to be done for every moving paper throughout the duration of the case.

I went to the courthouse steps on the scheduled court auction date. The auction was to begin at 12:30pm. We had made posters that I was to hold up if anyone was to decide they might want to place a bid on our property. We also made those posters smaller to be used as handouts as well. I began giving the handouts to all of the bidders, the bottom feeders, that were there to bid on homes. I had never reflected on those people before. The were simply doing their job working with property management firms, property speculators, builders, developers, etc. I know they thought that all people going through a foreclosure were deadbeats who didn’t pay their mortgage. So, now they were going to be looking at one of those people straight in the eyes, as I would inform them when I gave them the handout, “If you place a bid on this property you will become part and parcel of the lawsuit that is filed against this property. There is a filed Lis Pendens and lawsuit on this property. The information is there for your review.”

I waited. The person who was acting for the “trustee” came up to the top of the steps and began setting up his stand. Once he got settled into his chair and his computer was logged into his system he began to read out the rescheduled or cancelled properties. Different addresses in different cities began spewing from his mouth. I waited. I moved about handing out more handouts. I waited. Then he mentioned my property address!

VICTORY! We had gotten a small respite! The bank had taken our property off of the list! We were now able to stay in our home a bit longer. How long? We had no idea. The auctioneer acting for the “trustee” gave us no indication of another date.

We could sleep in our home for another night.

I welcome those reading my story. I appreciate all of the emails I have been receiving. I also appreciate those who have registered and subscribe to this blog. If you have come from Facebook please comment on this site, rather than any Facebook post of this page due to the fact that there are many readers who are not part of Facebook forums, or even Facebook itself. I encourage all readers to put their comments on this site so that all of the information will be accessible to all readers from all parts of the internet. I urge you to join this site and receive the RSS feed, or bookmarking us, sharing us with your friends on Facebook and Twitter. If you know of anyone who might benefit from this information I urge you to pass on this website address! Share and let’s make some change together!

Thank you for stopping by.

©copyright 2014 Doug Boggs

Lis Pendens

legal contract

First of all, I wish to express my profound gratitude for all of those people throughout the world who have registered to become members of this blog, which deals with my court history of the fraudulent and illegal foreclosure procedures by Wells Fargo Bank’s attempt to wrongly foreclose on my property, to which I subsequently fought against them in court while acting as my own attorney.  I am also very grateful and humbled by the emails I am receiving.  Please grant me time to respond to your email inquiries, but I will do so at my earliest convenience.

As we have found through my learning of the statute of frauds, a law which dates back to 1677, that any transfer of any rights or privileges to a real estate contract must be done in writing and signed by all parties involved.  This is so that all parties involved in the transaction become privy to the changes and knowledgeable of any changes and of any new parties in the contract.

In US law, a lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. Recording a lis pendens against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. After the notice is filed, anyone who nevertheless purchases the land or property described in the notice takes subject to the ultimate decision of the lawsuit.

Lis pendens is Latin for “suit pending.” This may refer to any pending lawsuit or to a specific situation with a public notice of litigation that has been recorded in the same location where the title of real property has been recorded. This notice secures a plaintiff’s claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff’s rights to the property, should the plaintiff prevail in its case. In some jurisdictions, when the notice is properly recorded, lis pendens is considered constructive notice to the other litigants or other unrecorded or subordinate lienholders. The term is sometimes abbreviated as “lis pend“.

The County Recorder’s Office will record a lis pendens upon request of anyone who claims to be entitled to do so (e.g. because they have filed a lawsuit). If someone else with an interest in the property (e.g. the owner) believes the lis pendens is not proper, they can then file suit to have it expunged.

Some states’ lis pendens statutes require the filer of the notice, in the event of a challenge to the notice, to establish that it has probable cause or a good likelihood of success on the merits of its case in the underlying lawsuit; other states do not have such a requirement.

This specific document had been on the forefront of the paralegal’s mind, every time we would meet, as we were preparing documents to initially file the case.  Due to the fact that there was a scheduled date set for the sale of the property, we had been under the gun to try to get all of the necessary paperwork put together in order to file the lawsuit.  The paralegal made sure to impress upon us the necessity to look into also filing a lis pendens, after we would file our case paperwork.  This is because a lis pendens can be a legal document that helps to stop the foreclosure process in its tracks and this is because a buyer at a foreclosure sale is much less likely to purchase a property in foreclosure if it has outstanding liens or litigation against the property thereby they would move on to another property to purchase or rather wait until the liens or litigation on the property would get settled.  Also, the parties orchestrating the foreclosure procedure might be inclined to take the property off of the foreclosure timeline due to the fact that they would hold liability as to their actions if they were to wrongly or illegally sell off a property that then ends up being litigated in favor of the plaintiffs.

One thing I found throughout my legal history is that the judicial system does not make, or wish to make, things easy for someone who is within the system acting as their own attorney.  The system is filled with judges with whom all judges used to be lawyers.  Those judges understand that when someone is litigating their case as a Pro Per, or Pro Se, they are taking business away from a lawyer.  The judge’s are simply looking out for their fellow golfing buddies.  So, it is simple that judges can, and do, make the process difficult for those acting on their own behalf.  Perhaps so that the pro per party might finally end up getting fed up with the system and subsequently would eventually hire an attorney.  It is also because, judges do not wish to deal with people who don’t understand the legal procedures or perhaps do not have the acumen to argue their case in the same manner that a trained lawyer might.  This would mean that the judge would have to actually do some real thinking in order to see within the thoughts and reasonings of a “normal” person, rather than the systemic legal authorities that are quoted on a daily basis which make a judge’s decision easy.  Plus, the judge will be less likely to get any payola under the table in order to settle or end a case from a “normal” citizen, who is acting as their own attorney, than they might receive a payoff from a corporate law firm with whom the judge just may have stock in their own personal retirement portfolio of that financial institution.  But, I digress…

I say all of this because only when I went to the county recorder’s office to file our lis pendens did I find that, in the state of CA, according to California Civil Code of Procedure 405.21 states, that if you are acting as your own attorney you must have a judge review your case and sign off on your lis pendens before you can make it active and record it into the public record.  Therefore, we had to run back to and around the courthouse looking for an available sitting judge who would review the case documents in order to then sign off on the lis pendens.  There was no guarantee that the judge would sign, and we were at the last day prior to the scheduled sale of the property which was to take place in only a few short days after the weekend.  The pressure was on.

We finally were able to see the judge.  He took our case file to his chambers and reviewed the documents for about 45 minutes before he then came out of his chambers, handed the docs to the court secretary, who then asked us to approach.  She gave us our documents.  We turned the front page over to the next to see.  The judge had signed his approval and we ran over to the County Recorder’s office and filed the lis pendens and made it part of the public record.

My filed Lis Pendens

One thing I wanted to impress a point on was the fact that if someone else with an interest in the property believes the lis pendens is not proper, they can then file suit to have it expunged.  I wanted to state that Wells Fargo Bank, after we filed our lawsuit and moved it forward through the life of the lawsuit, they never attempted to have the lis pendens expunged.  Interesting, to say the least.

I welcome those reading my story. I appreciate all of the emails I have been receiving. I also appreciate those who have registered and subscribe to this blog. If you have come from Facebook please comment on this site, rather than any Facebook post of this page due to the fact that there are many readers who are not part of Facebook forums, or even Facebook itself. I encourage all readers to put their comments on this site so that all of the information will be accessible to all readers from all parts of the internet. I urge you to join this site and receive the RSS feed, or bookmarking us, sharing us with your friends on Facebook and Twitter. If you know of anyone who might benefit from this information I urge you to pass on this website address! Share and let’s make some change together!

Thank you for stopping by.

©copyright 2014 Doug Boggs

Statute of Frauds

I wrote in the last post about the Statute of Frauds in hopes that you might take a bit of time to review the rules that I specified in order to follow and learn, as I did, how my mind was beginning to learn and process information. I wanted to show you what questions began to arise and why. I want you to be able to expand your thinking, as I had to, so that you don’t do as I did and take any document on its face, as if it were legitimate, simply because it seemed official and it was registered in the County records. This, I began to find, means absolutely nothing.

As we were doing research, and we began to put our complaint together with our paralegal, specific questions began to arise. We were curious as to this new entity named NDEX West, LLC. This company was never part of our original contract paperwork. How could they be involved now at this point? We had no documentation sent to us previously regarding their inclusion into the contract. The foreclosure paperwork that began on Dec. 28, 2010, was sent to us by NDEX West. Yet, who are they? How do they have any part of our Deed of Trust? If they do have any participation in our contract where is the valid legal proof of this?

I thought that if the bank did not comply with the law, in the process of their attempts to foreclose on us, then they are in fact the party that is in Breach of Contract. If this new party, NDEX West, was not legally part of the contract then they have no right to be sending us documents on behalf of the bank. I couldn’t find any points that they did in fact have any right, and I felt that they could not legally prove that they have the right to initiate any part of the foreclosure process. As I have posted previously the rules which govern the foreclosure process, in the state of CA, are outlined in California Civil Code 2924.

(NOTE: Some codes have been rewritten or modified, or have become updated law. Remember to review the codes that are pertinent to the rule of law for the contract at the time of the crime.)

My pressing questions that were keeping me up at night seemed simple to me. How can the bank legally initiate the non-judicial foreclosure process by filing fraudulent information, beginning in the first document, named Declaration by Wells Fargo Bank, sent to the court regarding the foreclosure? In this document, if you recall, they checked a box which stated that they tried all attempts to contact us regarding our breach of contract, but failed to get a hold of us. This was a lie, since we had been in contact with the bank a few times a week for the previous year and a half in our lengthy attempts to modify our loan. We had previously been current on our payments, until they advised us to stop paying in order to better qualify for any modification program.

The bank checked the box relating to the code 2923.5(g) which stated that they had tried ALL of the numerous attempts outlined within that code to contact us, but were unable to. As the code read, that in order to comply with this rule, the bank would have had to comply with ALL of the items within the code. Not some, but ALL. Yet, the bank was stating their compliance with the code 2923.5(g), in that they could not find us. By checking this box in the Declaration, they were stating to the courts that because they claim to have made all of these attempts to contact us, yet were unable to contact us so, that because of this, they could begin the “fast track” process of foreclosure. They checked the box regarding CA Civil Code 2923.5(g), because they were claiming that they were unable to locate us in order for them to allow us to attempt to rectify our breach. So, in their submission of this document to the County Recorder’s Office they committed a fraud against the court, therefore the bank is in breach of contract.

I began to research Fraud itself. As I was doing so, I came upon what is known as the Statute of Frauds. The Statute of Frauds (29 Car 2 c 3) (1677) is an Act of the Parliament of England enacted on April 16, 1677. This rule of law is still active and pertinent law in the United States. It required that certain types of contracts, wills, and grants, assignment or surrender of leases or interest in real property must be in writing and signed by all parties involved to avoid fraud on the court by perjury and subornation of perjury. It also required that documents of the courts be signed and dated.

Let’s look at this for a moment. The contract that we were dealing with was a Deed of Trust mortgage contract. This means that it was dealing with real property. Ok, check.

Was it in writing? Yes, check.

So, then if all assignments or surrender of interest must be in writing, were they? Did our original trustee sign off their interest to this new entity, named NDEX West? No.

Was it done in writing? No.

Did all parties sign off on this? No.

Did the bank lie, or commit a fraud against the court, in their stated attempts to contact us regarding our breach? Yes.

Can you start to see how things can begin to formulate themselves? We are still in the early stages of all of this, but I think that you can begin to see that, in my case, beginning from the first document, that the banks began to defraud the court in order to quickly foreclose on us and not allow us the opportunity to rectify any breach. You can begin to see that the non-judicial foreclosure system which allowed the bank to defraud the court is indeed flawed. You can begin to see that there is no true oversight to the documents that the bank was submitting to the court. You can begin to see that the Count Recorder’s office is not in the position of verifying the legitimacy of documents to be submitted, but recording documents to the county record. They record the document, they do not verify the legitimacy of the contents of the document. That, I began to learn, was the job of the Trustee.

So, the Trustee we had on our Deed of Trust, named Golden West Savings Association Service Company, did not do their job correctly. As the Trustee of record they did not verify the legitimacy of the documents being submitted to the County Recorder’s Office. They were not the entity submitting the documents that were initiating the non-judicial foreclosure procedure against us. They did not legally transfer any part of their right to title to any other entity, namely NDEX West. They did not inform us of any transfer of any of their rights. Because there was not legal transfer done.

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©copyright 2014 Doug Boggs