california forelcosure and 2923.5 comments welcome

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Permalink Reply by L on July 17, 2010 at 10:50pm

http://www.scribd.com/doc/34447271/Mabry-v-Orange-County-Superior-C...



Petition for review to the California Supreme Court. Violation of CC 2923.5 voids the Notice of Default, but does not reverse sales of homes. The Petition asks the Supreme Court to review.

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

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

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Permalink Reply by stopGOVTwaste on August 25, 2010 at 8:54am

I believe the "buy here, pay here, close here" shops & the widespread use of MERS tells a story that is really REALLY interesting. ESPECIALLY in light of the fact that note and mortgage were intentionally split. I know this because many people I have talked to say they received a disclosure at closing stating the percentage of loans that the company sells (and doesn't service). Our builder/lender/title company said they were in the practice of selling 100% of their loans. Did you close with North American Title (just curious)?

Things that make you go Hmmmm....

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Permalink Reply by jamesForclosure on October 14, 2010 at 4:07am

Brian,

Where are you at in your case?

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Permalink Reply by brian william davies on October 14, 2010 at 4:58am

still fighting in both state and federal courts

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Permalink Reply by jamesForclosure on October 14, 2010 at 7:38am

Are you seeing light at the end of the tunnel in your favor?

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Permalink Reply by Millie on November 24, 2010 at 8:37am

Brian,

I have been trying to get in touch w/ you for a few months, but we always miss each other. Email may be the best way to communicate these days. I am dealing w/ US Bank and a few other "players" you have in your case (I read part of it on Scribd). I am also in CA, so I may be able to offer you some insight as to what we are doing in our case. WE are Pro Se also, and we are doing pretty good in our Summary judgement action in the eviction phase. My email is mp3rmd729@gmail.com. Hope to hear from you soon! ~Millie~

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Permalink Reply by Phred Maldonaldo on July 26, 2011 at 10:00pm

BTW, 2923.5 only makes the foreclosure voidable, which causes you to have to post bonds in order to present a case. If you find a criminal violation, like, the beneficiary gets assigned the loan AFTER they have posted the Notice of Default, then you can VOID the sale, argue for no bond or undertaking, and use the money for attorney fees and expert witnesses.

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