Many people helped and still greatly support me along this steep climb of a journey, with life-saving knowledge, research, experience, information, tools, data, skills, templates and guidance. I am in-debted to our group generosity and mutual aid on social media. We mutually contribute. Here: truly a partial list.
LegalDocsPro.com Stan Burman, California Paralegal, Researcher, Blogger, Producer of resource materials & CA and federal templates
Forensic Analysis of Chain of Title "F.A.C.T. Report" by Paris F. Dube', Paralegal, analyst
Fighting the Foreclosure Machine, guidance, book of the same name, e-books, lectures and more by retired attorney Robert M. Janes
Equal Access Advocates, Dr. Karin Huffer, coach and advocate for me and many others, author.
Living Lies Weblog, Neil Garfield, Foreclosure Issues Researcher, Blogger, Consultant, Attorney
MSFraud.org, founder Jack Wright, RIP tirelessly researched, encouraged me by phone, gave many years of resources, hope; now curated by John Reed & others
Equality before the law, like universal suffrage, holds a privileged place in our political system, and to deny equality before the law delegitimizes that system... when these rights are denied, the expectation that the affronted parties should continue to respect the political system . . . that they should continue to treat it as a legitimate political system--has no basis.
—David Luban, Lawyers and Justice: An Ethical Study, 251, 264-66 n.12 (Princeton Univ. Press, 1988
Harvard Law finds scathing and fatal defects in MERS' business model. Blog HERE. Harvard Law's March 2015 Amicus Brief published here, and titled: "MERS Litigation -- Brief Of Amicus Curiae - The Legal Services Center of Harvard Law School And Law Professors in Support of the Appellee, Montgomery County, Pennsylvania, Recorder Of Deeds "
A body of law which pre-dates the U.S. Constitution
is but one alongside other rights by law which we are to understand and must claim. The Uniform Commercial Code (UCC) Law of Negotiable Instruments; particularly Articles 3 and 9, governing Negotiable Instruments is a body of law governing transparent, fair and just conduct between parties in contract, in commercial enterprise. Borrowers have the lawful right to know the identity of the "Boss of Note," the one intact identifiable party who OWNS THE DEBT AGAINST US; the one who paid FOR VALUE and can prove its standing as the Holder in Due Course, on any given day.
THE LAW OF VOIDS: "An order made without any authority at law is a void order."
Filed into Sup.Ct.Calif, County of Alameda a Verified Complaint for Quiet Title, Case # RG-17852775, YAMAGISHI v. NATIONSTAR MORTGAGE LLC, et al.
Original Complaint to Quiet Title in California - and LIS PENDENS to reference both "Ramos" name pending.
A "proposed Second Amended Complaint" filed into prior case which Plaintiff Pro Per dismissed voluntarily without prejudice, after being forced into Bankruptcy protection while represented by an attorney!
MAJOR DOCUMENT FORGERY AND FABRICATION IS JUST BUSINESS AS USUAL BY "PRETENDER-LENDERS" Longtime Advocate and Attorney Neil Garfield, used to work with Wall Street entities and knows the game ... yet he has championed Borrower/Homeowner rights and remedy in light of rampant fraud .
AUDIO FILES BELOW:
used w/permission by anonymous author
In violation, therefore, of Universal Natural Law, the Black-letter requirements of Contract Law, the Law of Negotiable Instruments (UCC which has been adopted by each State), Truth-in-Lending laws, RESPA (Real Estate Settlement & Procedures Act), due process clauses in the Bill of Rights in the United States Constitution, CACivCodeProc 1132-1134 CONFESSION OF JUDGEMENT, statutory law and AND other applicable case law notably in California Supreme Court's game-changing ruling in YVANOVA v. NEW CENTURY MORTGAGE CORPORATION, et al; 62 Cal.4th 919 (2016), 199 Cal. Rptr. 3d 66, 365 P.3d 845); AND commentary, and Amicus Brief by CA Attorney General (applause on this one Ms. Harris.
SEVERAL State Supreme Courts have ruled that "MERS" never takes ownership of the debt/NOTE and therefore can never convey what it does not hold, AS WELL AS RECENT Delaware and Florida State Supreme Court rulings [see other blog posts] that standing to enforce the Debt/Note by way of valid assignment/transfer OF THE NOTE OR DEBT ITSELF is required to foreclose, and that an Assignment of Mortgage / Deed of Trust ALONE is insufficient and fails to prove standing to take ANY adverse action against borrower/homeowner; and in contravention of hundreds of years of case precedence and traditional business practices of title transfer of real property; our Notes were "converted" into an unrecognizable new form in post-1998 "securitization on Wall Street", obliterating and violating UCC Articles 3 and 9 protocols for "negotiable instruments" as well as masked deep damaging harm into the Deed-of-Trust: Borrowers were contractually-adhered at signing deemed with legal status of a party in interest subject to a slate of asserted "unconscionable" adhesions on the unilateral and sole-signatory Deed of Trust, the end result being soundly argued Contract-Void-Ab-Initio.
Borrowers AT SIGNING therefore were a party-in-contract with standing to sue for breach of contract or damage. However only later, and at the seeming whim of the Foreclosure Machine entities, borrowers were subject to non-judicial dispossession of house and home via credit-bid auction and subsequent Unlawful Detainer proceeding ALL ROLLING OUT ABSENT DUE PROCESS BEFORE DISPOSSESION OF PROPERTY, with no proven Holder in Due Course of the Note, i.e. with zero appearance of a proven Owner of the Debt! Thus borrower is stripped of rights due by our true legal status, made to descend into mere "tenants" to be evicted for non-payment of lease rents, unable to challenge the lack of standing of the "landlord," who should be subject to proof of standing as the "Boss of the Note!" and owner of the debt. (YVANOVA established this.) This is an illogical, unlawful denial of rights by law to which we do not consent.
So this injurious "foreclosure machine" first decides by whim that our SIGNATURE at origination becomes THE KEY ITEM and basis of lucrative securitization frenzy on Wall Street, only to later decide again by whim that the same signatory be stripped of any contractual rights, and that their seal by signed hand is only the sad scratchings of a tenant who hasn't "paid their rent?!" What's more, that signatory, i.e. we the borrowers most often than not tried MULTIPLE TIMES to pay on a modified loan or other workout process to restore and reinstate good standing! For which taxpayer bailouts in the trillions were thrown; a damage to ALL taxpayers, while neighborhood home values plummet due to the scourge.
Or even more unspeakably egregious how's this: Wall Street insiders sold mortgage-backed securities to their clients (ahem) while shorting those same investments with "credit default swaps" insurance. Obama then announced federal programs to help "Main Street" justifying in part those massive taxpayer bailouts. BUT when borrowers inquired about loan modifications PRIOR TO ever missing a payment, those Wall Street insiders began to roll out Operation Cash-in on CDS: "Customer service reps working at mortgage-servicing companies are to instruct borrowers to 'miss 90 days of payment's in order to qualify for any federal programs!!!" After 90 days, the left hand went silent while the right hand tells us "I'm sorry you were instructed as such, but you're now in "default" and the "investor of your loan who we will never disclose the identity of" has denied you any modification. " Sorry, goodbye. Click. This incredulously is followed by a slate of documents (forged, false, fraud) appearing in our County Records, and an auctioneers gavel hitting the block.
How can we not cry "foul!" with a loud voice and insist on a redress of grievances, on fair play, and on the resilience of American families, workers and small business persons who produce the real value in our country!!
[website temporary redirect linked here]
Below filed as Causes of Action for suit in Adversarial Complaint in BK Ch.13 case; but OUR JUDGE STATED HE "PROBABLY WON'T HEAR IT "my Complaint" The court has NEVER HELD THE HEARING at all on my timely-filed Objection to Nationstar's Proof of Claim. No "creditor" made claim, only a third-party unproven debt-collector filed with a non-attorney signatory who lacked any due diligence as to the validity of its "complaint for damages" against me, i.e. its Proof of Claim! Their POC is wrought with fatal defects to which the AP exhibited. The court clerk even refused to SCAN AND UPLOAD my exhibits to the docket! I was motioning to consolidate Obection to POC (never heard) with the AP: But DENIED DUE PROCESS. I move to sister court, and reopen State Action for Quiet Title and other causes of action.
Source for guidance of my original 2014 California QT Action: APPLICABLE TO ANY STATE - Recommended Bob Janes, retired attorney and one of our heroes.
"THE LAW" by Claude Frederic Bastiat (1801-1850)
Excerpt: " .... What, then, is law? It is the collective organization of the individual right to lawful defense. Each of us has a natural right--from God--to defend his (natural) person, his liberty, and his property. These are the three basic
requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two. For what are our faculties but the extension of our individuality? And what is property but an extension of our faculties? ...
... We hold from God the gift which includes all others. This gift is life -- physical, intellectual, and moral life.
But life cannot maintain itself alone. The Creator of life has entrusted us with the responsibility of preserving, developing, and perfecting it. In order that we may accomplish this, He has provided us with a collection of marvelous faculties. And He has put us in the midst of a variety of natural resources. By the application of our faculties to these natural resources we convert them into products, and use them. This process is necessary in order that life may run its appointed course.
Life, faculties, production--in other words, individuality, liberty, property -- this is man. And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation, and are superior to it. "
Entire essay here
MAY 30, 2018 - I applaud our California legislators for RETAINING THE TEETH IN THE California Homeowner Bill of Rights when it came due for "sunset" at the end of 2017. As seen in my Verified Complaint filed just recently; it WILL BE the very "CalHBOR" statute by our California legislature that CLEARLY instructs the judicial branch to compel servicers to comply with TELEPHONE OR IN PERSON conference directly with borrower specifically to DISCUSS alternatives to foreclosure and the borrower's financial situation 30 DAYS' PRIOR TO filing a Notice of Default.
To my legislators: I had become so jaded by about 2013 and 2014 watching the loopholes in the National Mortgage Settlement and how the TBTF Banks just transferred servicing to 'non-bank servicers' who boldly violated the rules ... and I was disheartened to be hearing how too many CA homeowners were somehow bushwhacked out of remaining in their trial period loan mods such that the servicer could say "Well we tried and now we're not dual-tracking them we just sadly have to take the house -- but without strict mandates on simply jerking the loan mod out from under homeowners' feet.
So when I saw the "sunset clause" written right into the 2012 statute, I felt like this was maybe another way to placate homeowners and then jerk the rug out from under us come 2018.. These unscrupulous injurious servicers had already bait and switched me and led me on too many times. My resolution to the controversy had to permanent, final. Not dictated by changing trends in one statute of another -- the bedrock wasn't solid most everywhere I looked back in those days; so I gave HBOR not much more than a cursory glance and "oh well... sure." I needed to study deeper and wider and effectuate a remedy that would last - that would be based on a final adjudication on well-established principles and maxims of law that wouldn't blow over just because of a page turn on the calendar.
HOWEVER MOST RECENTLY, I had to leave no stone unturned -- and ran across some good writing on it as amended post January 1 2018: Wow, I discovered how major protections didn't "sunset" out of existence, and the statute remains most unchanged: quite elated honestly to learn that our California Homeowner Bill of Rights still mandates servicers specifically to good aims of due diligence in SPEAKING BY VOICE to us homeowners who are REAL LIVING HUMAN BEINGS AFTER ALL and not merely an "account number!" These servicers are actually still REQUIRED BY LAW TO DISCUSS FORECLOSURE ALTERNATIVES IN EARNEST! What a concept. Now that I know I will help educate others: Servicers still must attach to the very Notice of Default a signed sworn statement that they complied with the entire statute as written, to make the NOD valid for recordation - and INVALID = VOID. --- I DO APPLAUD YOU CALIFORNIA LEGISLATORS FOR SHOWING UP AND RETAINING THE STRONGHOLDS OF this important Statute! Without it right now I may have been on very thin ice come June 5th when a trustee sale is scheduled! But today May 30th, I am scheduled for a Monday June 4 hearing to plead for the ENFORCEMENT of the Injunctive Remedy spelled out so clearly in CalCivilCode 2923.5 and references 2924.12.
A big piece of my faith in legislative process and its entrusted role has been restored. To those who worked on this statute - thank you. I hope to be part of the upgrade to a better win-win for California's people; meaning for all her people.