Tag Archives: securitization audit

Something interesting this way comes

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Something interesting this way came on Dec. 17, 2018.

By Doug Boggs         July 3, 2019

 

Some say that there have been minute movements toward a seemingly truer justice found in foreclosure courtrooms that are taking place as of late. Are we seeing glimmers of hope from an otherwise wasteland of inaction by the courts against the myriad of institutional fraud and corruption from not only our judicial system but also the financial and real estate sectors? Can we find optimism and perhaps see a shift moving from corporate authoritarianism to more socially democratic results? Is the corporate socialism paradigm ebbing?

In one of the newer cases that are making some waves in how future foreclosure arguments are going to be constructed is the CA Supreme Court decision in the case of Dr. Leevil, LLC vs. Westlake Health Care Center. This December 17, 2018, decision begins to shed light on the timing and legal clarity of who holds power and standing to foreclose?  This basic foreclosure question in contract law is now being challenged in nearly every foreclosure case with valid evidence to show cause exposing just how corrupt, unlawful and unconscionable the results can be of courts continuing to ignore and gloss over this legal point of fact.

CA Supreme Court decision: Dr. Leevil, LLC vs Westlake Health Care Center

The property owners defaulted on a loan secured by a deed of trust on commercial property. The lender instituted foreclosure proceedings, and Dr. Leevil, LLC purchased the property at a trustee’s sale. The day after it purchased the facility, Dr. Leevil served the tenant Westlake Health Care Center with a three-day notice to quit. Dr. Leevil recorded title to the property five days later. When Westlake failed to vacate, Dr. Leevil sued for unlawful detainer.

If the property is foreclosed, and the tenant in possession does not vacate, which is often the case, the new owner of the property (purchaser at trustee’s sale) will likely want to evict the tenant. That requires service of a 3-day written “notice to quit” upon the tenant, followed by an unlawful detainer (eviction) lawsuit.

Westlake opposed the lawsuit, arguing the notice to quit was invalid because it was served before Dr. Leevil recorded title to the property. The trial court disagreed, finding the notice to quit was valid. Westlake agreed to surrender possession and pay damages. The court of appeal affirmed, holding that Code Civ. Proc. §1161a(b)(3) does not require a new owner to record title prior to serving a notice to quit.

In this case, the Supreme court overturned the Court of Appeal ruling stating:

“We conclude that an owner that acquires title to a property
under a power of sale contained in a deed of trust must perfect
title before serving the three-day written notice to quit required
by Code of Civil Procedure section 1161a(b). Accordingly, the
judgment of the Court of Appeal is reversed.”

The main issue was the timing of the notice and perfect of title. The court concluded that it must precede an unlawful detainer action where the action is not brought by a landlord but by a new owner who has acquired title to the property under a power of sale contained in a deed of trust. Dr. Leevil filed the 3 Day Notice, as a necessary code compliance action to follow in the beginning process of a power of sale clause. He filed this the first day after purchasing the property at a Trustee Sale, yet five days before he filed to perfect his title.

In a unanimous decision, the California Supreme Court overturned the Court of Appeal, ruling the purchaser at a foreclosure sale, in this case, Dr. Leevil, must perfect his title and be the legal owner following recordation of a trustee’s deed, then serve the 3-day notice of eviction. The Supreme Court held that perfection of title, which includes recording the trustee’s deed, is necessary before the new owner serves a three-day written notice to quit on the possessor of the property. This means that there must be the proper filings and legal postings of the court prior to an unlawful detainer action. The Court thus reversed the judgment of the Court of Appeal, which had concluded that perfection of title need only precede the filing of the unlawful detainer action and that the new owner may serve the notice to quit immediately after acquiring ownership.

I feel that an arguable defense that one can take from this ruling might be that the foreclosing party to a foreclosure sale must be able to prove that their ability to foreclose.  This ruling should show a more stringent find for standing before a party can begin the foreclosure proceedings in a power of sale clause.  The possible prima facia evidence of this is only merely assumed in a non-judicial foreclosure proceeding.  This is due to the fact that there is no independent party between the lender and the borrower to keep this type of thing from getting out of hand.  Despite that, the CA Supreme Court ruled in 1978 that this is to be the case.  There is no independent trustee in a deed of trust, and there has not been since Jan.1, 1998.  Thus, creating the fabrication of documents and filing forged or fraudulent paperwork.  The same levity to the perfected title must be applied to a foreclosure case as to an unlawful detainer as the same depth of damages could occur. This could have some very large implications in the cases to come.

With the millions of cases of fraud, forgery, robosigning or other means of fabrication of documents that have been uncovered, and continue to be largely ignored by the courts, there might be some light at the end of the proverbial rabbit hole, or rather a tunnel.  Perhaps we are finally whittling away at the necessity by the courts to actually follow the rules of contract law.

Through more definitive case law such as this, we will now begin to see arguments to further refine that definition and how it might change the foreclosure process. If it is now a precedent that the perfection of the title is required to file an unlawful detainer action, will it now be an argument that perfection of the title is to be required before the property can be auctioned at a Trustee sale through the power of sale clause? if so, this ruling could have major implications in the foreclosure litigation world.

As a nationally certified Bloomberg Forensic Loan Securitization Auditor, I have found fraud in every single client’s documents.  Whether it is through an audit completed by a third party which I reviewed and analyzed or one that my office completed.  The results of illegalities, improprieties, fraud and/or forgery are quite staggering.  Despite this, courts across the country still to this day rarely rule for the foreclosing party the need to present the original title prior to the ability to foreclose.  The courts are fully aware that the deeds of trust and mortgage notes have been shredded making the contract void.

I am hopeful that this case will bring a breath of fresh air to the arguments of standing and the need to further support this claim in the future.   

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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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How do I win in a corrupt court?

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“How do I win in a corrupt court?”  I get this question a lot.  There are many messages and inquiries from people from all over the United States regarding this issue, so everyone must understand that the courts are not on the side of the people, but the corporations.  This is clear, evident and statistically true.  Does this mean that the courts, staff, and judges are taking bribes?  Perhaps, and in numerous cases around the country this has been found out to be true.

Could it not be corruption and simply that courts are ignorant to the issues?  That may have been the case in 2008, but many years and court cases have crossed the judicial benches over the years to which I no longer believe that judges are ignorant to the fraudulent issues that are plaguing the foreclosure industry any longer.  They are simply being paid off to look the other way.

In order to take on any party within the confined walls of Just US, I mean justice, you must have all of your evidence and claims of action detailed and complete.   If the courts tend to side with a bank (and this is the case across the nation) despite the bank having any of the legitimate documents, or use forgeries, or are not compliant with the rules of law, yet still win, one must understand that in order to take on these corrupt systems on you must have much more detailed information than the other party and you must be able to argue this information appropriately in the court of law.

I received this email the other day and wanted to share it with you, and my response:

 

 

June 29, 2016

EMAIL:

Today I attended a trial for my UD against my eviction. this is a long story but this lawyer who said he represented bank of new york mellon and the bank bought my house in foreclosure by sls and shapiro law firm i am finding that all of them conspire DAKOTA COUNTY IS FULL OF CORRUPT KNOW-NOTHING DIRTBAGS. LED BY THE BIGGEST ONE OF ALL… THE COUNTY ATTORNEYS OFFICE SHOULD BE SHUT DOWN PERMANENTLY FOR VIOLATING PEOPLE’S CIVIL RIGHTS UNDER THE COLOR OF LAW.

How do I win in a corrupt court?

 

RESPONSE:

That is a very good question.  The courts are indeed corrupt and complicit.  Some are simply ignorant.  Yet, there are some judges who are attempting to find truth.  It is certainly the luck of the draw.  Winning in a corrupt court is something that takes time, effort, patience, perseverance, courage and tenacity.  If you find corruption in the court you can file against the judge for judicial review,  You can also file a claim at the Bar association.  Remember, upon doing so you are entering the “good ole boys club” to which all of them watch eachother’s back.  Some of these filings cannot be done in Pro Per or Pro Se.  They must be filed by an attorney and member of the bar.  Also, many of those do not want to file these things as it will then label them as being against the system, the status quo.

New York Mellon is one of the largest and most corrupt banks in this whole fraud.  They are one of the most used financial institutions for when the note gets to the Securitization stage.  Nearly 99% of ALL notes that were Securitized were done so illegally.  No court has really addressed this issue.  ALL of the SEC rules are necessary to be followed.  ALL rules of the Pooling and Servicing agreement must be followed.  Due to all of these rules, there is an over 99% chance that any loan that was Securitized was done so incorrectly, and is therefore VOID.  In order to really wrap your mind around this information and evidence you must do a Securitization Audit.  If this is something you are interested in, we can assist you with this action.

In this package of material that comes with the audit includes all of the documents needed to file a multiple count (usually as many as twelve counts) complaint against the parties you are referring to, and others that might show up.  This package includes the legal documents necessary to file the actions in Federal Court.  It also includes a Lis Pendens(if necessary), expert testimony and affidavits for testimony, and more.  These are completed by licensed attorneys and are ready to file.  If you need access and in court testimony from the expert witness, this is also available for an additional charge(of course).  But, this package is designed to open a claim of action against the defendants for what you have experienced.  You can give these documents to your own attorney, who can add whatever other points and legal references they might to include.  This detailed Securitization trail usually finds that your note was Secured in a way that is done illegally and is therefore VOID.  This package, which includes the audit information, the complete legal claim of actions, and all of the legal documents to file in court costs $2995.00.

 

I hope that this might be of assistance.  I wish you good luck in your venture.

 

Doug Boggs
Foreclosure expert
Author – “A Quantum of Justice”
Blogger – mycourthistory.com

 

NOTE: None of this information contained herein is to be used as legal
advice.  The author of this is not a licensed attorney and does not claim
to be.  This is for informational purpose only.  Any individual using any
information herein is advised to consult a licensed attorney.

 

 

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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

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