November 23, 2019 The latest updates in active case or progress towards resolving the dispute can be found on the homepage "Latest Update." This page will eventually be updated with content on any current litigation alongside helpful external links, additional analysis and commentary. Currently we are in a deep dive of study in a range of topics to help inform how we show up within the judicial system specifically and towards efforts to resolve the dispute in a more amicable and co-equal process outside of courts and litigation.
THE SHORT STORY - We needed to modify to a fixed rate loan we took out in June 2006 to get out of the risky adjustable rate after paying into it for 2 and 1/2 years - the business plan had been to have low fixed payments for three years then get the almost totally remodeled house appraised and refinance into a fixed rate loan with a better loan to value and better rate and terms. When the 2008 Global Financial Crisis hit, we applied for a loan modification that November without ever missing a payment, to secure that fixed rate loan before the 3 years was up and the rate could hike up higher. The Bank of America servicer instructed us to "suspend payments" while they processed the loan modification. Then did exactly zero.
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2008 - 2012: BANK OF AMERICA SERVICER OR DEBT COLLECTORS continually wrongfully denied modifications despite PROOF OF ABILTY TO PAY AND AFFORD THE SAME OR HIGHER PAYMENT, as long as it was a fixed interest rate paying down principle plus interest! CONTINUAL DENIALS were wrongful, we could afford it, violated federal mandates and state laws --- from 2008 to 2012 when the fifth and final loan modification was denied -- all without proof of lawful reasoning for denial and despite MY proof of both business income and rental income from the house itself ALL EARMARKED BEGGING TO PAY THE MORTGAGE to Bank of America - who instead effectively said "NO - keep your money idiot -- we are aiming to take your house."
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2013: in July BofA subsidiary "BANA" or Bank of America National Association transferred debt-collecting and "mortgage servicing " to a non bank servicer NATIONSTAR MORTGAGE LLC who proceeded to send formal letters in which it contradicted the owner of the note and loan FOUR different names in a 30 day period in August 2013.
2014: We finally had to sue in a court of law to summons into the courtroom the TRUE and CURRENT and PROVEN owner of the loan to be able to settle this once and for all directly and not be forced to pay through a debt collector who any sound minded person wouldn't touch with a 10 foot pole, let alone contract with for the next 30 years on your family's home mortgage loan.
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Since that first lawsuit in 2014, NATIONSTAR AND ITS ATTORNEY has been the only entity showing up in court claiming to represent a note-owner and loan-owner who has never proven it even exists and appears to be NON existent -- they've told lies and more lies and lies and upon lies rather than admit they are collecting for themselves without a shred of proof they OWN the loan or debt, or that they PAID to be the owner of the loan or debt.
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2019: Finally after more than a decade of grappling with this beast, we decide to post FULL PAYOFF - even with crazy inflated charges and line items like "legal fees" and "property inspections" -- why am I paying their legal fees? But in spite of Nationstar's attorneys refusing to provide the full accounting and failing all tests of compliance with California Homeowner's Bill of Rights and any lawful decency as a so-called mortgage servicer, I decided its finally time to end the dispute and to obtain an expensive "hard money loan" to fund the full payoff amount Nationstar demanded of me, of just under $695,000.
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September 2019: After suffering major PTSD from over one entire year of actual bullying and outright abusive practices by not only opposing counsel but the court system ---- court personnel following various protocols designed to belittle, taunt, subdue and thwart homeowner-plaintiff (I'm not alone, we have plenty of case stories) -- I finally produced the necessary written response due on Friday September 13 and filed the same - after severe writer's block and stress.
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Seeking hard money lenders by phone interview in earnest starting Monday September 16, I alerted Nationtar's attorneys that full payoff was pending as soon as the lender was chosen. Nationstar attorneys ignored ALL communications from that point on -- emails and phone calls from myself and my loan brokers were of repeatedly requesting the dollar amount of full payoff be confirmed, the wiring instructions be sent to our escrow and title officer and to please remove the September 25th sale date published online since full payoff was ready to fund, as all parties had communicated to by emails. SILENCE - REFUSAL TO COMMUNICATE - AND DELIBERATE OBSTRUCTION OF FULL PAYOFF FUNDS' BY WIRE TRANSFER!
But our loan brokers (two were competing for the loan) continued to work towards closing -- they'd seen "foreclosure bailouts" before and have seen mortgage servicers CANCEL THE SALE AND GET PAID TIME AND AGAIN. What else is the servicer even allowed to do? It is the "Equitable Right of Redemption." It is California Homeowners' Bill of Rights. It is the Law.
September 23 & 24: LETTER OF INTENT / LOAN APPROVAL SIGNED / ESCROW OPENED - loan brokers and I waiting to hear they would cancel the sale so we could proceed to pay them.
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SILENCE FROM NATIONSTAR for over 5 calendar days when we had been mandated by the court and by common sense decency --- until the morning of the trustee sale when attorneys for Nationstar was instructed to email my loan broker, my escrow title officer, myself and their colleague attorneys that Nationstar would not accept full payoff and would proceed to trustee sale instead of wait now-only 5 days, since my lenders had continued their work to close -- having seen dozens of times before that servicers always cancel the sale in favor of being paid every dime from homeowner - once a Loan Approval letter is signed and emailed and a reputable broker says the funds are coming in 5 - 10 days.
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October 23, 2019
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After our offer to buy back the lien purchased by the "winning bidder" company was rejected; we were then served with a 3-day Notice to voluntarily vacate the house; which is not going to happen. The next step is a case filed against homeowner in "unlawful detainer court," which was filed apparently; no service has been made to myself; and we await further instructions from our Helpers.
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Our communications and legal position is laid bare -- transparency and consistency has always been on our side. We are hopeful for an infusion of reason and reasonableness towards a just resolution to this debilitating and damaging ordeal.`
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November 22, 2019
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(Details on home page): Hearing Monday November 25, 2019 at 9:00 AM at the Hayward Hall of Justice, Alameda County Superior Court Dept. 511 in Unlawful Detainer - to hear our Motion to Quash for Improper Service of summons. Making special appearance as a named defendant, who has not been properly served with a summons, and thus the UD Dept. 511 has no subject matter jurisdiction and no jurisdiction over the person or the estate.
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Updates on LATEST UPDATES, home page.
April 25, 2019:
If you scroll to the bottom of this page, in reverse chronology are some of the pleadings for only 2018 case. Latest 2019 pleadings are very recent and linked thumbnails here. We will be uploading main docketed pleadings and commentary in a Timeline on the "LITIGATION" page which is under construction.
Verified Complaint for Violation of California Homeowner Bill of Rights ("CalHBOR") and Unauthorized Foreclosure Due to Void Assignment filed April 19, 2019 ; and the concurrently pled Application for Temporary Restraining Order which was won recently on 4/23/2019 with a hearing on injunction coming up on May 14, 2019.
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We attempted to settle by offering cash settlement of "short-payoff" to Nationstar Mortgage LLC, and called it "ransom." They immediately rejected it, and then rejected a higher offer. All offers are off the table and we filed the current complaint.
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NOTE: Exhibits to both the Complaint and the TRO Application are in some instances duplicate exhibits and total many pages partly due to the extensive evidence before the court that Defendants acted in violation of both the Injunction ordered against them last year in a separate suit and for one main CalHBOR violation which remains uncorrected to date (linked at bottom of this page) and of the clear language of the statute "CalHBOR."
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Complaint Filed
4/19/2019
Ex Parte Application for
TRO / Injunction, filed with complaint
Hearing for Injunction on May 14, 2019. The facts pled for granting Injunction were won last year (see below)
Order granting TRO for Protection 4/23/2019
After voluntary dismissal without prejudice of 2018 case (see below), filed both these Declarations to record updates on the ongoing dispute.
Opponents played very dirty in order to evade defending what was indefensible, i.e. that they indeed violated CalHBOR (2923.5) due diligence conference required by phone prior to filing the Notoice of Default, so rather than correction and a motion to dissolve the injunction ordered against them for 2923.5 violation, they removed the case to federal court on false pretenses assuring me we would have court-ordered "ADR" which was a mockery.
Federal court lacked subject matter jurisdiction -- I just didn't know what I was looking at completely nor how to properly plead for remand, so I got out of the line of fire and dismissed without prejudice, voluntarily, to be able to plead CalHBOR again without Res Judicata. Which has been pled this year and is active. Injunction this year is currently "under submission" by the court in the active 2019 case.
January 15, 2019
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Sun Tzu in The Art of War: "It is best to win without fighting."
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History: We have repeatedly offered good faith exploratory negotiation towards settlement. NATIONSTAR AND AZTEC FORECLOSURE CORPORATION / THE "LOGS NETWORK," ALWAYS REFUSES.
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We see a gesture of negotiated settlement NOT as a weakness - and we see their stubborn refusal and bullying attitude NOT as strength.
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These entities will receive one more offer to negotiate in writing with a starting offer from us, given a judicious perusal of a decade-long controversy that has sustained costs of various measures on both sides of course.
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The PREVAILING THEME which my adversaries continually put forth is character assassination about our position and my actions: I HAVE BEGGED TO PAY BANK OF AMERICA, the servicer that preceded Nationstar and been egregiously horribly injuriously and viciously REFUSED four loan modification applications while stressing over sale date after sale date after sale date -- postponed at the last minute -- all designed to make people sick and give up.
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Why have we not ever applied for a loan modification with the current servicer Nationstar Mortgage LLC? The best way to answer that question is to start with the BofA mortgage-servicing history ,exhibited "proposed Second Amended Complaint" from December 2014 HERE, "LMDD # 1-4 "Loan Mod Debacles and Denials" pp. 26 - .
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and then take a good look at Nationstar's own penned writings - formal answers to my Qualified Written Request "Q.W.R." inquiries in which mortgage-servicer is compelled by law to provide homeowner with the identity and name of the current Owner of the Loan and "injured party" who is wanting for mortgage payments AT THAT MOMENT IN TIME OF THE DATE OF THE ANSWER TO Q.W.R.
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My November 2013 letter to Nationstar in response to their three Q.W.R. answers mailed to me, plus a puzzling Assignment of Deed of Trust that BofA recorded into my county clerk's office naming Nationstar as the debt owner precisely during the time Nationstar wrote me that they were NOT themselves the debt-owner ... HERE.
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Below towards end of page (reverse order) of some not all of the pleadings and writings of the most recent litigation brought against our attackers in State Court, a Complaint for Violations of California Homeowners' Bill of Rights in which we won preliminary injunction preventing any adverse dispossession pending outcome of the case (May to October 2018). This was followed by their attempt at a veritable ambush in early October when opposing counsel removed to Federal court under false pretenses of "mandatory negotiation to explore settlement."
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Renee S. Ramos Yamagishi is self-taught, non-lawyer, 2018 litigation, a Complaint for Violations of California Homeowners' Bill of Rights, is the fourth lawsuit filed since April 2014 -- for various reasons the prior three could not accomplish our final aims, though they formed effective thwarting of unlawful and fraudulent dispossession of our family home of over 50 years, by these unjust order-following racketeers and their hired lawyers.
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An "adversarial complaint" filed into bankruptcy court in November 2016 is not counted amongst these precisely because the chief judge of Oakland's BK Courts declared in open court "I probably won't hear it --- you're welcome to take it State Court (during which an imminent trustee sale loomed with no protective stay,) so I did take it to State Court, filing in March 2017. Skipping over details in this summary (to appear in full timeline narrative pending on the site) is the exit Declaration of December 2017.)
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December 7, 2018 Renee Ramos Yamagishi
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Still in between active lawsuits we're told an auction is still set for the "postponed" date of January 8, 2019 -- even though various letters and emails of our legal position have bantered back and forth. We are continuing to mount the upward climb started at the filing of the late May case built on the finger and toehold of "California Homeowners' Bill of Rights" legislation which renewed and retained some teeth in January 2018. But we are in between cases due to the strategic retreat from federal court after the state case was removed to federal by opponents. We now have studied and the law and rules and have emerged convinced that removal to federal was improper. So, as a major update to the November 13 post below, it appears clear now that federal court lacked subject matter jurisdiction which is non-waivable and remand required by law. An order for remand would return to protection by injunction, the status quo. It will be up to the federal judge to hear my short and clear finding of the facts and to remand as proper: that is IF he or she also agrees on good and equitable cause to reopen case so the court can hear it. To deny a motion to reopen must force me to appeal; and surmount another way to achieve injunction. Let's hope that is unnecessary. Anyone following this case should know that upon remand we will immediately petition for an order in that state court case for Alternative Dispute Resolution to proceed in a lawful manner, i.e. IN PERSON and according to rule of law. So even though we'd rather be free of legalese thinking during the Christmas season -- we accept that no matter what, as always, nothing steals our deep joy. And if tasked, we meet it; trusting that we must be capable to surmount it -- because whatever has shown up has arrived on the table of a sacred warrior.
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Meanwhile we continue to extend the invitation to DIALOGUE TOWARDS REASONABLE SETTLEMENT - which I have been vocal and transparent on to adverse parties: I had been clearly and repeatedly willing to offer a cash-out settlement through outside funding in a COMPROMISED amount. Recently in phone conference Nationstar and Aztec demanded the "full amount" they claim is owed WHICH INCLUDE MORE THAN FOUR YEARS OF "missed payments" DURING WHICH LOAN MODIFICATIONS WERE REPEATEDLY DENIED and Bank of America as servicer COULD HAVE accepted our hard-earned money and been paid all along. Now I should pay for that experience and to these entities making claim absent "legal standing?"
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Why sadly, yet its standard practice --Defendants Nationstar and Aztec in a phone-mediation session demanded that "an offer for the full amount or very large almost full amount owed, be made to us by the plaintiff right here on today's phone call, or else we are not interested at all in negotiating and we want the court to hear our Motion to Dismiss as soon as possible." This followed by the federal court's own "mediator" on the same call saying "It seems I will recommend to the judge against mediation, because parties are too far apart in their positions -- and let the case proceed with these motions and then maybe later ... see where the parties are." We had NO in-person Mediation or ADR process yet none more was forthcoming. For these reasons I had to dismiss this federal-removal case without prejudice and renew study of what to do next. Now we are in between cases; exchanging communication out of court. Opposing attorneys have refused my invitation to voluntarily reopen our former state case -- when there is an opportunity for a more amicable course it should first be offered. A motion for remand back to state court must be pled in the federal court.
"Discussion is better than argument:
Argument is to find who is right,
Discussion is to find WHAT is right."
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November 28, 2018 Even though we have it in writing that a next auction on our home is set for January 8, 2019; it only recently "postponed" from today, so we will be attending the lovely gathering known as a trustee sale where foreclosures occur at noon today on the County of Alameda Courthouse steps. [These "sales" can't occur inside the courthouse because the conduct resembles complete lawlessness and the courts know this.] This Notice of Intent to Sue will be handed out to the auctioneer and any bidders; emailed copies will be in the inbox of all adversaries. Often we learn helpful things and gain insight at these woeful events, and courteous conversation goes a long way, we like to elicit some insight if its at all possible amongst whoever attends -- though its not a good vibe for anyone really. POST-AUCTION: No one was there - I appreciated my two Berkeley police cars there for peace-keeping. Only peaceful objection is all we ever should bring to these; another auction date ending in relief. And renewed motivation for final remedy.
November 13, 2018 written this day by Renee S. R. Yamagishi for and by herself as Real Party in Interest
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Federal law in 28 U.S. Code § 1446 should have caused a Federal District Court (FDC) for Northern California to automatically refuse removal from state to their federal court because they CANNOT TAKE JURISDICTION when removal is UNTIMELY, i.e. more than 30 days from the service of Summons & Complaint. Either and both parties are prohibited from joining in removal . FDC took jurisdiction anyway in a manner rogue: Nationstar was served on June 5, 2018 - their attorneys filed Notice of Removal October 3, 2018 after they lost on Preliminary Injunction duly ordered against them.
There was not any motion or amended complaint filed by plaintiff to warrant removal to federal subsequent to the initial complaint which was strictly CA state law; jurisdiction was proper in the state court, aztc ID veiled. Yet, clearly hoping to evade their indefensible opposition to the court-ordered Injunction by our state court judge, the practice of dishonorable word-magic and bait-and-switch was employed by attorneys. Plaintiff was caught off guard prior to discovering their improper execution. The FDC not only accepted the removal which was arguably improper, but the court directed a non-compliant ADR process which was NOT conducted with neutrality but was both activist and adverse advocacy prejudicial to plaintiff. Objections filed - more to come.
All together the veritable ambush forced us into strategic retreat and voluntary dismissal without prejudice, memorializing in writing the conduct of attorneys of defendant Nationstar AND of practices of the federal court itself. Adverse parties and all of them taken together apparently had no plans to actually negotiate in good faith, let alone in-person as federal statutes require. After a mockery of a telephone conversation it became apparent that my position should be memorialized in pleadings into Federal District Court, then in the most recent email uploaded here to the right. This is what we have come to term "guerrilla lawyering" which must be out of the box in creative problem-solving yet with strict adherence to lawful, reasonable, judicious and honorable conduct.
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We have nothing but the truth to stand on, and to plead in court that truth in the clearest manner, aimed at a reasonable fair and just outcome. Only silence from opposing counsel for defendants to the email which was also FedExed overnight and delivered to their offices. So the next set of writings will continue appeal to reason from all interested parties; while it also must seek the judiciary anew and this time the jury; for a more studied way to ascertain the word and conduct of those with whom we invite logical debate with rules of engagement codified by long-standing law in a civil society of well-reasoned men and women.
Upcoming blog post on the federal court removal episode to come. New "postponed" auction date of Jan. 8, 2019: these "postponements" have continued every 30 days by online publication by defendant Aztec Foreclosure Corporation in defiance of court-ordered injunction barring any actions "to sell or cause to sell subject property." Aztec's and LOGS Network's official reason for routine violation of TRO's and injunctions in this manner, which constitutes illegal trespass is: "We don't consider it defying the injunction." Meanwhile the very Notice of Default publicly recorded on Feb. 13, 2018, upon which any such trustee sale could issue is THE document the court ruled was improperly executed hence void and the main basis for ordering Preliminary Injunction. State law invites defendants to bring the document "into compliance," which would be reasonable conduct and correction; but defendants refuse to take heed of the constraints placed upon them by court order governing law. Apparently all defendants persist in behaving as if the court's rendering it void means it is not actually void. This is sanctionable and certainly we object.
Preliminary injunction was never dissolved by hearing; it remained the active order of the court when the case was removed to federal court as described. Injunction issued in state court in plaintiff's favor has been rendered moot only by plaintiff's voluntary dismissal without prejudice and only recently, November 5, 2018. The breakdown of all logic by LOGS' justification of this harrassment upon us of public sale dates every 30 days outsizes even the level of defiance of law and order. [Aztec and I agreed that their email is confirmation of slated auction dates, shown on the right here.]
November 5, 2018
Forced retreat: After defendants removed the case to federal court,
we voluntarily dismissed without prejudice when it appeared we may have been heading into an ambush. Our courts are too broken... but I knew this coming in; and I wear the responsibility to actually help my court and judge ... to keep to the narrow rule of law. Almost five years into "guerrilla lawyering" we have learned that we are doubly-tasked: to win our case on the merits by the rules of the game and by standing on the truth (merits) AND we also must recognize the dire constraints of too many of our judges and courts! Constraints upon them by forces even they did not wield into existence. We are learning to point the court to a narrow 'Yes or No question,' and the next question. The beauty of this is TRUTH can be reduced to a simple Yes or No. Lies, on the other hand, rely on contrived confusion, pretzel logic, and practices that Natural Law abhors.
September 2018: ACTIVE LITIGATION CONTINUES in YAMAGISHI v NATIONSTAR MORTGAGE LLC, et al. , being heard in Hon. Judge Michael Markman's court, Dept. 16, Superior Court of CA for Alameda County [RG-18906713]
All filings are on Domainweb YAMAGISHI v NATIONSTAR,
RG-18906713; Alameda County Superior Court of Calif. Dept. 16
8/31/18 Order: DEMURRER HEARING CONTINUED BY STIPULATION. Both parties agree to allow extension of time for Plaintiff to post bond and for Defendants to amend demurrer.
FINAL ORDER
8/21/2018
FINAL ORDER GRANTING INJUNCTION
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8/21/2018: Court ordered preliminary injunction preventing any actions to sell our home by foreclosure while case is pending. Our
pleading for injunction as well as a filed Request for Continuance and Affidavit in Support of Equitable Bond exhibited evidence of material violations of Calif.Homeowners' Bill of Rights "CalHBOR" which calls for automatic injunction by statute until in compliance. Servicers must prove due diligence was performed. Nationstar could not evidence they performed their due diligence and could not overcome violations which were duly evidenced, which included my claim that the Declaration page attached to my publicly recorded Notice of Default is a perjured document. Most often and primarily, the mort-gage servicers in CA neglect to hold a phone conference with homeowner to explore ALL alternatives to foreclosure 30 days prior to filing Notice of Default. Calif.CodeCodeProc.§ 2923.5 or CalHBOR MANDATES Injunction when material violations of CalHBOR are evidenced. Tender is NOT required to plead for injunction nor have it granted. Our court did rule plaintiff post bond, so bond is being posted and injunction is won; to our great relief and restoration. Trial begins.
Denied: Tentative Ruling
Issued Ordering Injunction
8/7/2018
May 29, 2018 "California Homeowners' Bill of Rights" Violations Complaint and Temporary Injunction Application, start page 19. See: LegalDocsPro for template, blog post - modified for case
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