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January 2017

Audio that

started this website

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Foreclosure is debt collection.

= a "Note" under UCC Article 3

LECTURE BY EXPERT

So who owns the debt & note?

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August 25, 2021 writ of eviction issued and our opposition at law now launches... what's next?

THE MORE DETAILED CHRONOLOGY

  • SEPTEMBER 2008 - Global Financial Crisis fallout caused my client appointments (health and wellness practice) to drop off sharply in previous months so I split office rent with a colleague and enrolled to become a certified coach, while studying federal loan modification options.

  • November 2008 - Having decided my husband and I were at risk if  the rate adjusted on scheduled in the coming six months:  if it went sky high at once during this global crisis that would be irresponsible to allow:   We had large savings because we had taken out a home equity line to finish major tear down and rebuild room by room of the  entire  dilapidated house  (I was away for 20 years raising children in Hawaii etc.) while we lived in it with our teen children and elder father.    

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  • We needed to modify the loan to a fixed rate and didn't want to keep in contract on a "predatory loan," so applied for federal  loan modification with the mortgage-servicer and hired an attorney to demand we get the loan mod fast since I did not want to continue to "contract" by paying into a predatory loan but was able ready and willing to NOT MISS EVEN ONE PAYMENT if they would modify us to a fixed rate and let  us contract on a NON-predatory loan just that very next month December 2008.  Made perfect sense to us.  

  • December 2008  to  March 2010 - That mortgage-servicer did zero and was incommunicado for OVER ONE YEAR, then filed foreclosure papers, cancelled those papers, NEVER communicated except to demand we resend  all our documents in every 6 months because they were outdated; then finally transfered servicing to a "BAC" which was Countrywide renamed after BofA acquired it.  (listen to audio above)

  • March 2010 - August 2012 is the LMDD  #1-4 phase:  "Loan Mod Debacles and Denials #1 to #4"  WITH PROOF OF ABILITY TO PAY, never requested principle reduction just put arrears on back end and a "FIXED INTEREST RATE." Bank of America got bailed out in the billions so they should modify my loan!     My practice and business suffered, eventually I had to let it go because the "Foreclosure Machine" doesn't sleep.  And it almost never modifies loans:   Incentives are to foreclose at  "trustee sale"and evict the homeowner in "UD" court.

  •                                                                LMDD #1 to #4:  

1)  Spring 2010 Denied because  "You're number was disconnected, we couldn't contact you - denied."  FALSE: BAC had two cell numbers, an email and a mailing address but called the landline which we told them was disconnected.  Of course.   

2)  Fall 2010 Denied because  "You don't qualify for a federal program but we have an "in-house program" ... and the payments start 20% higher and climb to over 50% higher by 18 months.    I counter-offered a slower step-up on the rate, forbearance not a principle reduction, and to pay a higher rate just start lower and go slower - I was a single parent then, but my business was my source of income along with renting out rooms in the house...       "We're going to foreclosure sale."  Somehow I stopped that by forcing the federal loan mod back into action for a third go at it. 

3) 2011 Applied all year  starting in late 2010.. But it was denied of course in November 2011.  For almost one full year they launched Operation Sale Date every 30 days only to "cancel" 5 days before. That play repeated every single month for about one year.  While a loan mod was somewhere in their system but without approval.  Finally the clincher to this torture:  I was told I was approved and to "expect the FedEx in the mail to sign and send back with your first payment."   BUT zero came in the mail or fedex, and the sale was supposedly "no longer showing".. so where was my long-awaited papers??     Phoning multiple times a day, a Supervisor finally says:  "I see no loan mod approval, I see your income was insufficient."  Recited an income HALF my monthly income and then said "Sorry we must have LOST that paperwork, its going to auction in five days"  which was November 11,  2011.

November 10, 2011 - Took my $2000 cash from a car I sold, hired a bankruptcy attorney who filed Chapter 13 bankruptcy ONE DAY before the auction, immediate protection. ​ The "stay" held in place only very short time by outright abuse by a betrayer attorney and court process. No more stay - wide open for house going to auction again.  Several letters, learned more about the laws...​​

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Emergency bankruptcy and abuse by that court who dismissed protection after failing to tell me what a "payment  advice" was which was not online, not a form, not in the federal rules of bankruptcy and certainly no one could just TELL ME WHAT IS IT?  Dismissed for failure to file a "payment advice."  There's more but not for this story here - frankly its re-traumatizing.

4)   No protection from bankruptcy stay so managed to fight very hard to apply for a fourth loan mod.   Denied August 2012  - because, according to the BANA (BofA) representative  "You would have been helped too much."     True story.  You cannot make this up.  

LMDD #1-#4 detailed HERE>. I wrote this  Proposed Second Amended Complaint which was filed as an "Exhibit," planning to immediately dismiss the entire case voluntarily without prejudice , which I did,  after recognizing imminent harm by staying before that judge.  

 

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  • Bank of America (BANA) transferred my account to a non-bank "mortgage servicer, Nationstar  Mortgage LLC in July 2013 - neither claimed to "own" my loan, just "collect" on it. 

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    • WHY I WOULD NEVER APPLY FOR A LOAN MODIFICATION WITH NATIONSTAR MORTGAGE LLC -- No reasonable person would touch them with a 10-foot pole:   In the very first month of service-transfer of mortgage debt collection from Bank of America to Nationstar Mortgage LLC, see the four different names given me in writing in a 30-day period for who owned my loan ... and I'm supposed to enter a 30 year loan modification with this outfit?  Logical conclusion: Pay the owner of my debt directly rather than pay a third party of fatal defects who refused repeatedly to prove my debt-owner directs their actions against me.   HERE>

  • Brief Summary of Litigation Phase One:  From 2014 to 2017 my ONLY "cause of action" was essentially to summons into the courtroom the true owner in fact of my debt, to appear, prove its claim with documentation and testimony from a managing-level employee of the debt-owner company SO I COULD PAY THAT ENTITY DIRECTLY rather than through its mortgage-debt collector it allegedly hired to collect from me.  

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  • Never have I even claimed monetary damages in any suit I brought which was ONLY to summons the actual "injured party" who I owed money to, so I could pay THAT party directly.  But all litigation proved NO ENTITY ever appeared to stake its claim –- and seems may not even EXIST!   Attorneys who simply bring “hearsay” and write on their papers....  Essentially:  “Sure yeah that’s our client … if we can ever get their name right,”  is NO proof of agency relationship or power of attorney.  

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  • I have spent very little time actually inside a courtroom!  Because it seems even the courts are loathe to have to look around their courtrooms and find me the homeowner in lawful possession, and …. Let’s see there’s a lawyer and …who else here might have SUPERIOR CLAIM TO title and the right to possess or sell this house (at auction) than this woman in lawful possession whose family has lived there in lawful possession since 1965 either herself or her parents for generations?   ....... ?    ......   

  • My cases were NEVER brought to trial and discovery but that wasn’t because I didn’t want to!  No, I’d be calling for discovery and jury trial … but swiftly heading to foreclosure auction scheduled OUTSIDE the courthouse regardless of my pending lawsuits INSIDE it… if I had no injunction ordered, so I had to put out THAT fire and avoid a negative ruling in  case that wasn’t protecting my due process rights because it had the option NOT to grant my injunction.    Isn’t “nonjudicial foreclosure” clever?  A conveyor belt that stops for no one and nothing. except VERY few roadblocks.      

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  • In other words, NEVER HAS AN ALLEGED "INJURED PARTY OWNER OF MY DEBT" APPEARED TO MAKE ITS CLAIM SO IT COULD BE PAID FROM ME.  Only attorneys have appeared in ALL my suits which HAVE ALL NEVER GONE TO TRIAL OR DISCOVERY because we conclude Discovery and no doubt trial by JURY would be fatal to the Foreclosure Machine.   Attorneys who by definition are not a fact witness, not a party to our loan contract, not a person with firsthand personal knowledge and not an agent who ever proved who it represented in writing, no Power of Attorney contract which it refused to produce,  who claimed to represent the debt collector and NEVER proved the even the existence of an "injured party owner of my loan," let alone that this entity hired them.   (See WHO IS THE INJURED PARTY? page above)

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  • NOT TO WIN A FREE HOUSE OR AVOID PAYING - quite the opposite! In fact in both cases for sole action to quiet title I brought an In Rem action in which NO DAMAGES are allowed be claimed.   Ever. 

  • Even though I had been VERY damaged for so many years.   Still, without exception all litigation I brought and any cause of action was to defend against the dreaded foreclosure auction, BY TRANSPARENT AND FORTHRIGHT AND UNWAVERING OFFER TO PAY  a proven owner of my home loan DIRECTLY, the "injured party" and get as far away from this Nationstar entity as possible.We have to conclude there exists NO TRUE "injured party" become none ever appeared.  

  • Phase One litigation produced exactly zero appearance or answer from the elusive "injured party" who owned my debt (and neither did Phase Two ever see the entrance of these very elusive entities, to the point of non-existence).     Attorneys claiming to represent that entity appeared and usually blundered BADLY on the name of their "client" because there was no public record "assignment" or any record in my county clerk recorders' office of this entity's exact name.   Even the publicly recorded Notice of Trustee Sale would evade who didn't exist and instead FAIL to name the "beneficiary" they were collecting for in the formal precursor to DECREE who supposedly was directing all the debt-collection activity of both substituted trustee and mortgage-servicer and their attorneys.  

  • We saw above that their actual client Nationstar publishes wildly different exotic names for my debt-owner ... who hired them  (of course!)  NOT.  Check out TEN DIFFERENT NAMES borne of utter confusion... and fraud.   HERE> 

  • In litigation, attorneys claiming to represent ALL parties making debt claims against me ALWAYS REFUSED AND EVADED ANY WRITTEN PROOF OF AGENCY OR "Power of Attorney" or proof in writing they represented any entity, even Nationstar.  See again very bottom of here 

    • Two of the four cases in Phase One 2014-2017 were blocked and refused by :

      • 1) 2016:    A Judge outright refused to accept my complaint (bankruptcy court:  "I probably won't hear it [my adversarial proceed complaint], you're welcome to take it to state court .... you ARE welcome to take to state court...  This court dismissed my adversarial complaint without prejudice for me, a clerical simplicity.)      and 

      • 2)  2016-17:   the District Attorney in fraud division at the time:  "It looks like a civil matter, we are closing your complaint, thank you ." Therefore a complaint to rescind blatant fraud on a publicly recorded Notice of Trustee Sale that violated statutes, with zero support from public office tasked with investigating my claim was a case to dismiss without prejudice rather than waste the court's time and my own.

    • Therefore the two remaining cases in "Litigation Phase One 2014-2017) which NEVER WENT TO TRIAL NOR DISCOVERY were two Quiet  Title cases where the Person or Entity I TRIED DESPERATELY TO PAY DIRECTLY to cure its injury - NEVER SHOWED UP.  AGAIN.

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      • Case #1 2014: VOLUNTARY DISMISSAL WITHOUT PREJUDICE after hired BAR attorney defied my entire original legal theory with a fatally defective argument that I owed NO entity on the face of the earth "D... despite [my] default or the extend of [my] default..."   (what??) T.R.O.  dissolved and Injunction denied, no hope left in that courtroom.  Substituted myself back in to protect from imminent trustee sale by declaring bankruptcy immediately after filing THIS>

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          Continuing loyal to my mentor (Robert N. Janes, Fighting the Foreclosure Machine and California Passive Attack), two then three lawsuits NEVER for damages but ONLY to summons into the courtroom the actual owner-in-fact and "injured party"who never showed up into the case and attorneys who claimed to represent it did not actually represent it.  I know because I learned that named party never actually existed.  A "rent-a-bank" name existed in the front of the long-worded animal and that "rent-a-bank" attorney told me they NO ZERO about my loan, about my house, about me; nor do they hire any attorneys against me:  "Nationstar hired those attorneys," says the senior staff counsel of M&T Bank, parent company of Wilmington Trust, N.A.   (See VERY BOTTOM of "Who Is The Injured Party?" page on this site HERE>.
      • Case #2 2017:  WRONGLY DISMISSED WITH PREJUDICE by clerk-calendar hearing date which then posted on docket "Hearing Dropped" but was actually held at which judge defaulted me for non-appearance and "failure to oppose the demurrer."  See Declaration Upon Exiting Case HERE>

        • NO I DIDN'T LOSE THIS CASE and I did not default on appearance: There was NEVER any hearing and I never saw this judge at all, never heard her voice.   

        • Attorneys opposing me failed to file a proper "demurrer" and I opposed it, which was set for hearing.  The computer in lobby of courthouse initially published  active hearing date then inexplicably changed to "HEARING DROPPED."   Yes I have the screenshot.  I did not show up to the cancelled hearing.

        • Later the judge's Order dismissed my entire case WITH PREJUDICE stated that I failed to defend against the attorneys' improper demurrer (they evaded and failed to "meet and confer" by phone with me first by law.)  

        • This second and final Quiet Title action caused the attorneys to repeatedly perjure themselves since there was still no recorded assignment in my clerk's office of an elusive "Wilmington Trust" entity who apparently had been hurting for years for payment from me but never showing up to collect even though duly summoned.  "WHO IS THE INJURED PARTY?" HERE>

        •  F.A.C.T. Report for an encyclopedic analysis HERE>

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    • I realized my courts didn't require proof of the existence of and appearance into their courtroom of who i owed, but would not prevent a trustee sale auction carried out by these attorneys and Nationstar who had amassed a long trail in writing of abuses and perjuries filed into court cases including the bankruptcy of 2015-2017, with a STAY for most of that time, BK being the interim court process between both Quiet Title actions .

  • Brief Summary of Litigation Phase Two:  2018 - 2019.  Two cases brought, BOTH ACTIONS pled for only ONE AND THE SAME VIOLATION of the California Homeowners' Bill of Rights (though more than one were committed). CalHBOR or California Civil Code 2923.55 which regained its teeth in 2018-19 revisions of CalHBOR, mandated mortgage-servicer to conduct DUE DILIGENCE IN EXPLORING IN AN EXHAUSTIVE MANNER WITH HOMEOWNER, ALL "ALTERNATIVES TO FORECLOSURE" which were viable, achievable and reasonable for that homeowner BEFORE the company took its first step on the fast-moving conveyor belt of nonjudicial foreclosure, i.e. PRIOR TO FILING A "NOTICE OF DEFAULT" against the homeowner, Nationstar was required by law to COMPLY WITH the duties required of mortgage-servicers in California beginning on New Year 2013 and ongoing still California law today.

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      (Scroll down"COURT" page to see in reverse-order some not all filed.)

      So BOTH cases were to compel Nationstar to actually bring themselves into compliance with the law by having that exploration of all viable, achievable and reasonable ALTERNATIVES to workout with them resulting in MY KEEPING not losing my home (i.e., the entire aim of CalHBOR). 
    • CASE #3 2018   VOLUNTARY DISMISSAL WITHOUT PREJUDICE, strategic retreat following a trail of defective procedure proven prejudicial against my rights and case, contrary to laws of federal removal:  The Hon. Judge Markman in 2018 agreed that it was most likely Nationstar was NOT in compliance and had not performed that duty prior to recording NOD, so the court ordered Injunction and the statute CIV 2924.12a itself dictated they could motion to dissolve it (and march forward to trustee sale against me) only "upon a show of correction" to the mandates over them in CIV 2923.55.

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      • Since that meant having a due diligence discussion IN A TWO-WAY STREET FORMAT with me on ALL alternatives  that could result in me keeping my home - its the ONLY statute I pled and the ONLY aim of the case:  LET"S TALK REASONABLY HERE and I COULD PAY YOU NATIONSTAR EVEN ABSET PROOF OF AN OWNER OF MY DEBT BUT by written contract that indemnified me and my heirs against certain future risks by paying Nationstar.  I indicated outside funding to tender in full on a negotiated full-payoff amount payable to Nationstar.   But I insisted that their current Notice of Default was perjured because it declared they complied with 2923.55 when they had not, so they had to "start over again" with the mandated discussion-exploration of alternatives THEN re-file the NOD. Seemed logical and reasonable to me, since in reality we were going into negotiated settlement and the amount of agreed upon settlement:  I never wanted to have ongoing contract with the likes of Natinstar, so I would refinance and forever extinguish THAT Note and Deed-of-Trust!  bye bye Nationstar and hello new funder whoever it would be, most likely a hard money lender due to damaged credit from forced bankruptcy.....

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      • Nationstar's attorneys decided to cheat (again) and removed the case to federal court by having the only California defendant DISMISS THEMSELVES with a very special "self-dismissing paper,"  much like an invisibility cloak.  Its magic - Aztec Foreclosure Corporation filed a paper into the case and Nationstar's attorneys removed to federal court on "diversity jurisdiction" claiming the Aztec was a California corporation but was no longer a defendant.  Because ..... Aztec said so. And no court nor the plaintiff ever came close to saying so.   So we were at federal court.  (See Court page on this site).

    • At federal court I decided to give their ADR mediation a try - the discussion was revealing.  

      • (HERE>)  In the intro the mediator disclosed "This is NOT a confidential mediation."  So i hit the record button, he had answered my question.  Transcript (HERE>)    

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      • I refused to be bullied into agreeing right there on the phone to paying the entire claimed debt when I asked for an in person meeting and to see both parties sign copies of the agreement and walk away with wet-ink signatures of BOTH parties on two original contracts.   But as usual, its the Nationstar's attorneys' way or no way.  My motion to remand was denied so I dismissed without prejudice, sensing escalation to the ambush:  that was NOT a neutral mediator of the court, I didn't feel I should wait to find out if the judge he was advising was or wasn't also in a courtroom apparatus already biased ... after all they accepted Aztec's Self-Dismissing Paper as legitimate?  Voluntarily Dismissed Without Prejudice:  Note - this doesn't mean I "lost" my case.  It meant I no longer had the protection of the INJUNCTION I WON in the Markman court, but that was a sacrifice I decided to make to "get out of the range of fire" of what my gut told me could be more risky from some court order or judgement from this federal circus as it showed itself so far, likely unbeknownst by the actual presiding judge.  It smelled too rogue and I withdrew. (Strategy, the Art of War).

    • CASE #4 - Spring 2019:  VOLUNTARY DISMISSAL WITHOUT PREJUDICE as good faith gesture accompanying perfected delivery of Tender in Full in escrow to wire-transfer per written contract to unconditionally redeem the Note & Security in full.     Again an action for ONLY THE SAME GOAL AS THE YEAR PRIOR in the 2018 case: For an order granting Injunction (CIV 2924.12a) and Discussion to achieve the CalHBOR Aim:  an "alternative to foreclosure so homeowner remains in their home."   Yes pled the very same CIV 2923.55, on the exact same facts and evidence, frozen in time occurring in 2018, in which Judge Markman court granted my Injunction less than one year prior.  

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      • I have paid high tuition to learn what these mean:  "Collateral Estoppel" and "Issue Preclusion."   For had I realized this 2019 McGuiness court was actually compelled by these two doctrines to grant my Injunction, I would have invoked them both.  I was unaware of them as distinct legal claims, but of course I proved and evidenced the Markman orders.   Injunction denied on the same exact facts and evidence that had already been thoroughly adjudicated over several hearings and months one year prior. Live and learn >> me. 

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      • That court who thus denied injunction then ordered a Mandatory Settlement Conference which I was very glad for!  Finally a face to face sit down with at least an attorney to EXPLORE possible settlement!  

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      • We submitted an opening Statement, presumably an opening offer with statement of legal position, no more than 10 pages in length.  I submitted THIS with an  Auxiliary set of documents for reference with the Statement HERE>.

      • I brought my daughter with me.  The attorney was not much older than she.  But less than  50 minutes of conferencing during a short break, the attorney suddenly got a call from her firm to  (apparently) "Get up now,  don't say one more word in that conference!  Walk fast and don't look back. Pronto!"    ( I guess) because  this young woman did just that, after we exchanged only our two opening offers.  NOT good faith indication to settle.  

      • BEFORE ANY TRUSTEE SALE OR FORECLOSURE AUCTION HAD OCCURED, during active case I brought, she says boldly, "The ONLY offer I am authorized to make today is that if you vacate in 30 days we offer $5,000 cash."   (!!!   Excuse me .... Nationstar you have exactly zero basis to suggest such a thing - title and possession remain with the homeowner.... failure to grasp the concept?)  

        • But I spoke none of that I said, effectively, "I am ready and have always been read to meet with the Person who owns my debt: when and where can we arrange then, the "Presentment-maker" make its presentment to me, so I can then arrange to pay them in full on the debt?"    

        • "We won't meet for that ---   So.... just what would it take to prove to you that Nationstar owns the note?"      

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        • "Well you need the wet ink signed original note, or a lost-note affidavit ... there are ways ... So .... does Nationstar own the debt?"

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        • "Oh, ummmmm  .... "    Flustered changes the subject.

        • NO OTHER OFFERS WERE FORTHCOMING from the attorney before she walked out in a great hurry talking on her phone -- except of course her "only authorized offer" which was that I vacate our home in 30 days and she'd have a check for me for $5,000 (yes five-whole-grand).   This is called "cash for keys" but it only has a toothpick's leverage capacity AFTER the auction.  Not when they've been sued and the case for CalHBOR violations is still active.  

      • Negotiations to settle on a claim of debt where the debtor claims damages also start wide apart and get narrower towards possible  agreement, and an amount to be paid to satisfy the debt... right?     (HERE>)

    • The reason for later dismissing this fourth and final case without prejudice on September 24, 2019 will become clear and referenced  (HERE>)

  • In Litigation Phase Two both cases were to compel Nationstar to actually bring themselves into compliance with the law by having that exploration of all viable, achievable and reasonable ALTERNATIVES to workout with them resulting in MY KEEPING not losing my home (i.e., the entire aim of CalHBOR).

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  • FINAL PHASE TO CURRENT:     After a couple of "short payoffs" were rejected I offered to tender full payoff and had hard money lenders competing for my loan.  Mind  you "short payoff" was on a claimed amount for which Nationstar refused to provide required accounting.   The word "ransom" was mentioned several times and no one at Nationstar had a rebuttal. So unconditional RANSOM in full "went on the table" after we contracted IN WRITING that THIS would finally settle it. Then this happened:  https://www.paidinfullcancelsforeclosure.com

  • My faith in God and seeing how He has helped me this far, I pray for resolution so I can have my life back in peace -- this is too much for any normal life. Which is why several years ago I consciously gave ALL to Jesus, I own nothing but I do need so much of His help so I can hear His voice which helps me do my best working for Him.  With everything in my life.   That's what I do now.

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We drove and walked through the hardest-hit zip codes of Berkeley with this flyer - addresses from public records who had a "Notice of Default" recorded against it at county clerk's office.

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As we have updated on Case Updates home page -- as of April 9, 2019 we have uncovered the cleared path to resolution and right-making in this decade-long story.

The Ramos-Yamagishi family remains in possession and continues to claim our lawful right to dwelling in this humble home which has been in our family since 1965; and which our parents were greatly helped in purchasing by our good family friends I consider as much an aunt and uncle as any, the Stevensons, who owned it prior essentially gifting our family the chance to live and own this home with no down payment.   Neither my parents' nor I would be who we became as mature adults  if not for the Stevenson's helping our family into this little house in Berkeley over 50 years ago.  I would have been raised in a very different community during the tumult of the 1960s and 1970s.

 

This humble 1910 quick-and-dirty built bungalow post 1906 earthquake and fire,  situated on "the wrong side of the railroad tracks back in the day" has undergone major and sorely-needed renovations several times over by our family and friends' blood sweat and tears since that time and even til today.  We continue seeking relief through the judicial system and earnestly seek equitable relief in a court of our Constitutional Republic, knowing that this one family's controversy (and hopefully soon-resolution)  is witnessed by sentient beings everywhere, who are interested in these matters amongst humanity.

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