11-year controversy: Team UOTP "Unwavering Offer to Pay" vs. "Who Even Does This?
Updated: Sep 9, 2020
Here's a glimpse of what it's like when you repeatedly and transparently show up with your unwavering offer to pay the lawful party you owe, WHICH YOU PROVE YOU CAN AFFORD so you can redeem your family home since 1965 from foreclosure BY PAYING to CURE the injury suffered by the party suffering it.
To cure any ambiguity and spare your children and heirs the same hijacking of their life, your offer is to pay directly to the person or company who owns your debt to make sure you don't pay the wrong party; but your attackers (debt-collectors and their attorneys who admit they don't own the debt) relentlessly maneuver to steal your home, while your own court system turns out to have already structured an apparatus operating under "color of law" in defiance of our constitution and even contradicting other state laws still on the books?
(photo credit: Bobbie Benson, pro climber)
What does HEARTBREAK AND HARM across the nation look like, in the utter financial and material devastation and homelessness of American families, UNLAWFULLY stripped of the basic dignity of primary dwelling and home WHEN ALTERNATIVES ARE WITHIN REACH? American working families, whose lawful application for a redress of grievances too often goes unable to be heard, invisible to be scrutinized; by our own elected and appointed stations of government entrusted with upholding OUR laws. What is it like to see your mainstream media spin you as "deadbeat homeowner" touting the romping success of federal "affordable loan modification programs," when you and your fellow homeowners across the nation KNOW FIRSTHAND these "loan-mods" WERE ALMOST ALWAYS WRONGLY DENIED, being a farce and show without any unaccountability for mockery made of it. And it goes on: federal and state consumer protection agencies who file your complaint, send a thank you letter and proceed to utter ineffectiveness towards corrective measures -- except produce statistics on the numbers of complaints received? There's more .. but ----
How is it that we suffer from a dereliction of these duties, and further it would appear, including even in the trusted halls of our own judiciary, thus under color of law, we are without true advocacy, our sacred constitution trampled really -- to our utter dismay and harm? O woe and great suffering; while these debt collectors and their attorneys have zero incentive structurally to be paid monies EVEN PAYMENT IN FULL and overwhelming incentive to strip your home and property away from you and your family?
What does it look like when you finally decide to pay the ransom, get unhijacked from over a decade as an "accidental lawyer" defending your family home, obtain your private hard-money loan with FULL PAYOFF PLUS AN EXTRA $100,000 to make sure you have AMPLE FUNDS FOR THE RANSOM, PROVE AND POST TENDER IN FULL ON TIME -- and these debt-collectors and attorneys violate ALL known laws and Reject, Refuse, Obstruct your RIGHT TO REDEEM YOUR HOME and PROPERTY (Law of Right of Equitable Redemption) and incredulously take your house to Foreclosure Auction anyway?
You're looking at what that looks like.
Unwavering Offer to Pay - 11 years, really? And still in the home? YES.
2008 - 2013 Repeated denials of loan modifications despite ability to afford and qualified - BofA servicer
2013 BofA transfers its servicing (debt-collecting) to Nationstar Mortgage who proceeded to make sure I couldn't dare apply for a new loan with them - total failure to validate debt such that a modified loan with Nationstar would be fatal.
2014 - 2018 Therefore, since Nationstar claimed to be collecting for a Merrill Lynch "trust" formed in 2006 on behalf of the trust's trustee M&T Bank / Wilmington Trust; we demanded proof of their injured party status and summoned the injured party into the courtroom in a suit to quiet the title; so that homeowner could pay the true owner DIRECTLY and cure their injury, bypassing the bogus fatal claims of Nationstar a mere third party. NO INJURED PARTY EVER APPEARED --- IN OVER 4 YEARS. Solely Nationstar and their attorneys appeared, constantly; with proof of standing to make claims against me equalling exactly zero. NONE. One federal judge's statement in open court to my complaint: "I probably won't hear it, you're welcome take to state court." And more -- our courts hate having to apply the structured injustice spelled out by some - not all - California statutes which violate constitutional rights. [Supreme Law of the Land, Article 6 Clause 2 of the constitution for the united states solves that discrepancy.]
2018 - 2019 Complaint for violations of California Homeowners' Bill of Rights SOLELY on requiring a "telephonic discussion between homeowner and servicer on all viable alternatives to foreclosure and to initially agree on homeowner's effective completion of a recognized foreclosure alternative - with a 30-day stay before servicer is allowed to file a notice of default against the property. WON preliminary injunction. Attorneys and defendants then cheated and removed to federal court - appeared to be an ambush, so homeowner dismissed the case without prejudice.
Second time around bringing SAME CalHBOR complaint (2923.5) but second court ignored collateral estoppel and issue preclusion and this time denied injunction on the exact same fact pattern that another court in same County superior court system DID find in favor and ORDERED preliminary injunction (appears excess of jurisidiction).
Finally in September 2019 homeowner decided to PAY RANSOM IN FULL, after a couple of "short payoff" offers were rejected by the debt-collector Nationstar. The full payoff amount on the September 2019 monthly mortgage statement showed the line item labeled "Full Payoff" = $698,992.16. Therefore homeowner obtained email acknowledgement from attorney for Nationstar, the single point of contact for the account, that the exactly FULL PAYOFF would be accepted by Nationstar; yet the same single point of contact attorney and her entire law firm then went completely silent for 13 straight days, leaving unanswered this homeowner's request: "Thank you, please provide the exact full payoff amount and bank wiring instructions to our title-escrow officer; we are soon to close on the hard money loan I have been approved for."
After thirteen days of incommunicado to that request, early morning on September 25, 2019,loan broker on the private hard money loan emailed the "written proof of funds" the 2-page dual signed loan approval, to the single point of contact attorney for Nationstar et al. copying to our title-escrow officer and homeowner - requesting the wiring instructions once again and confirming our understanding that the trustee sale foreclosure auction pending for 4 hours later that day about noon would surely be cancelled; so their full payoff could indeed be wired to them.
To our amazement, the single point of contact attorney for the law firm representing Nationstar et al REPLIED to that email with its attached Proof of Written Funds, and informed us that n"their client informed [them] they will be proceeding to trustee sale. Ms. Yamagishi has had ample time before this to try and settle."
Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The Court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending.
Assignments of deed of trust at pg. 62