Supporting, Informing & Connecting People in Foreclosure

California Case Law: Allonge, Holder, Holder in Due Course

Discussion of Case Law to aid Californians in foreclosure. UNDER CONSTRUCTION but feel free to pipe up!

May 20, 2010 Excellent CA Bankruptcy Case Decision! http://ning.it/97zxNF

FINALLY!!! California! Court denies Motion to Dismiss and holds backdated mortgage assignments may be invalid. http://ning.it/atRYLZ

11th hour CA eviction held off: http://www.foreclosurehamlet.org/profiles/blogs/11th-hour-reversal-...

Foreclosure Case Killer!- An Allonge Is Not Admissable Evidence of Bank’s Ownership http://ning.it/crOveP

Allonge (n)- A clever way for pretender lenders to fabricate “proof” of ownership in order to foreclose http://ning.it/9DksaD

Allonges should NEVER be used to prove ownership of a mortgage note. (And yet another smack at MERS) http://ning.it/9bqGEf

Brian Davies: He's drawing a "fault line" in the CA earth. Davies V NDEX West, Universal American Mortgage, Deutsche Bank, MERS. Follow his blog!

George Gingo, Foreclosure Defense Attorney, shares his knowledge in the spirit of helping Americans defend their homes.

Produce the Note California Style: http://ning.it/5fP3O0

An Amazing Analysis of Affidavits and Assignments http://ning.it/amPV4a

Lots of CA Case Law Citations

California pleading examples

CA Foreclosure Prevention Act 2009

California Code: Getting the Lender to the Table and also here.

Option Arm ARM letter re: Investigation of lenders & servicers by CA AG Edmond Brown

CALIFORNIA NOTICE OF CIVIL RIGHTS REMOVAL v BANK OF AMERICA AURORA ...

Sample Pleadings in foreclosure actions across our country. (Most are from judicial states.)

General Foreclosure Resources (not CA specific): http://www.foreclosurehamlet.org/page/helpful-links

TImelines and other CA Info

0 members like this

Attachments:

ProSeHandbook-Rev4-06a.pdf, 791 KB

▶ Reply to This

Replies to This Discussion

Permalink Reply by L on July 12, 2010 at 10:28pm

More fighting in California.

http://www.scribd.com/doc/34242149/PLAINTIFF-OPPOSITION-TO-DEUTSCHE...

http://www.scribd.com/doc/34242014/PLAINTIFFS-OPPOSITION-TO-MERS-MO...

http://www.scribd.com/doc/34241864/OPPOSITION-TO-MERS-DEMURRER-opp-...

http://www.scribd.com/doc/34194814/REQUESTS-FOR-ADMISSIONS-SET-3-RF...

▶ Reply

Permalink Reply by L on July 13, 2010 at 6:54am

More CA Fraud Fighters here

▶ Reply

Permalink Reply by L on July 27, 2010 at 6:43am

MERS CA Decision: http://mandelman.ml-implode.com/2010/07/california-court-rules-mers...

▶ Reply

Permalink Reply by L on August 25, 2010 at 6:51am

California Victory! http://ning.it/bkbTSY

▶ Reply

Permalink Reply by Phred Maldonaldo on January 3, 2011 at 1:54pm

Recent case in CA E Dist. Court - CA Dist case - fraud, negligence, slander of title

▶ Reply

Permalink Reply by Phred Maldonaldo on January 4, 2011 at 2:26pm

Another TILA case success in CA, resulting in rescission of loan.

After long fight, now the deed of trust is wholly void, the loan is forfeited because the bank did not accept my offer to tender as part of rescission, and statutory damages of $4K per violation along with them
paying me back what I paid on the mortgage. I hope my case will help
those fighting the bank. The case is in CA central district court, case
number 2:09-cv-04589 before judge Howard Matz.

TILA recission case success

▶ Reply

Permalink Reply by Phred Maldonaldo on July 16, 2011 at 11:52pm

A lot of room for error of the Trustee who ends up doing an actual foreclosure. These are the CA considerations they need to address:

Servicers using in-house trustees ...

Note the requirements for returning the borrowers original note to them! If they don't do it, you have forfeiture and possibility of filing case of wrongful foreclosure because beneficiary interest was not defined by possession of borrower's promissory note.