Tag Archives: Secretary of State

Bagels at a Bar Mitzvah​ and a CA Boo Boo Part Two

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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.

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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 
Presently 
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.
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2013  Struggled – Self-employed: Health Insurance Agent (100% commission) 
Fell behind – applied for Keep Your Home Ca NIGHTMARE … will spare details … finally
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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. 
THEN ….
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

LATE OCT
EARLY NOV
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
NEW LENDER
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
The other:
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!

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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.

Full stop.

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I welcome those reading my blog. 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.

©2014-2019 Doug Boggs All Rights Reserved

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

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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

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