Supporting, Informing & Connecting People in Foreclosure

Where is FRAUD not criminal? In California!

California Penal Code Section 115 says that it is a felony to record a false document that affects the title to residential properties of not more than four units. The recorded documentation in well over 90% of all foreclosures in California are in violation of 115 PC. However, in at least two Southern California Counties (Riverside and San Diego), the District Attorney is of the opinion that, if the homeowner is behind in the mortgage payments, the lender has the right to foreclose, REGARDLESS if they get the documentation right OR NOT! It seems California is now a State governed by Privilege, rather than a State governed by Laws. Since at least 99.999% of all froeclosures in California are non-judicial, there is no legal oversight of the foreclosure process. To consider a criminal complaint filing, the District Attorney wants to be shown that the lender and/or Trustee KNEW that they had no standing to foreclose when the Trustee recorded the Notice of Default.

Does anyone have any suggestions how to prove this? A lot of homeowners can be helped if we can find an answer to this.

It is my belief that if a felony complaint is filed against a Trustee in a foreclosure, there is a pretty good probability that the Trustee won't pursue and hold the foreclosure sale until the criminal matter has been decided. Also, felonies of this type, carries a maximum penalty of a $75,000.00 fine for each individual violation. (And each recorded document is a separate violation.)

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Permalink Reply by Kathy Utiss on April 2, 2011 at 12:25am

In Missouri it doesn't matter the attys and judges are corrupt. They remove court documents as well...the men behind the mirrors I guess. They can prevent their fallout by covering all the lies for over a hundred years now they've been stealing!

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Permalink Reply by Randy (Randolph) Frodsham on February 12, 2012 at 8:50am

California is no different in regards to corrupt State attorneys and judges. You must go into Federal Court (that includes the BK Courts).

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Permalink Reply by I Enjoy No Debt on February 12, 2012 at 8:54am

Very true Randy. At least the BK judge in New York ruled that MERS is illegal, but you have to be in BK to find that relief.

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Permalink Reply by jamesForclosure on February 15, 2012 at 5:25pm

@Randy,

Again, what if you are post-foreclosure. A homeowner who has already been evicted has nothing more to lose, correct?

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Permalink Reply by I Enjoy No Debt on February 18, 2012 at 11:39am

You have nothing to lose that is correct!

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Permalink Reply by Susan Christensen on March 31, 2011 at 3:33pm

Not quite sure who you're replying to, but if it's me - the answer is no. But will ask a BK attorney about it. Just don't know how to get the GC 8224 violation to be consider in court proceedings. Considering an appeal to the Summary Judgement and maybe trying to file a stay on the UD. Another thoughts? Thanks.

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Permalink Reply by Angry&NOT TAKING IT on March 31, 2011 at 3:45pm

I apologize SUSAN & Randolph for butting in .. none of what i was ranting about was directed @ you.

I thought Randolph was asking me... booooo ..ME SO DUM!

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Permalink Reply by Susan Christensen on March 31, 2011 at 4:33pm

No worries...I understand your anger. We are all in the same boat, and it seems that the "powers that be" are biased to the wealthy and famous. They get "justice" and we get s*^* on.

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Permalink Reply by Angry&NOT TAKING IT on April 1, 2011 at 7:58pm

working for a living supporting 7 people for 20 some years, yea the s*** on part is par for the course, i might add i can operate knee deep in s*** but this also leaves me in alocation & position to ass-ault their wide open target in which i insert a object that will cause great pain & suffering when violently ripped from said target .

what are all these parts attached to my hooks?

..hmmm thats gotta sting..hehehe!

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Permalink Reply by Kathy Utiss on April 2, 2011 at 1:27am

In MO they bypass the whole thing...I've got proof of them putting fraud into the court knowing its fraud before its put there...Got a lot more as well yet they still steal homes ...The same Sr. Fed Bk Judge I sued here in MO is still on the bench helping steal whatever he can. Next group got further than me just being a poor unemployed mortgage collector.

Review my blogs I'll do what ever I can but for the most part they all obstruct any law we've ever known or not known. Most will say because I'm not in Cali that I'm not able to help because of jurisdiction. But I understand things more than most!

These are my two favorite articles. The first is a case handled by the bk judge that I sued...Just vindicates for me that I wasn't wrong in my attempt to stop the crisis ! He was! The next is the second judge who recused in my case in MO. I thought he was possibly helping me but now I question that since he enforces MERS on Missourians. The whole dept of justice I feel here in MO could of stopped or slowed the crisis. Instead they refused and refuse to do a job to protect anyone!

With all sincerity I mean this. Be careful. This government is treacherous on the American people. Most need to be jailed so we can regain and restore our country but most fear to tell the truth! Well damit how do u tell the truth when the judges are bought and paid for?

http://westlawnews.thomson.com/Bankruptcy/Insight/2010/10_-_October...

http://www.moneynews.com/InvestingAnalysis/MERS-Mortgage-Registry-F..

http://www.foreclosurehamlet.org/profiles/blogs/department-of-corru...

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Permalink Reply by Randy (Randolph) Frodsham on April 2, 2011 at 2:13am

You can see my blog about what will probably be my last contact (at least for a while) with the deputy DA assigned to the Real Estate Fraud Unit in Riverside County (CA) at:

http://www.foreclosurehamlet.org/profiles/blogs/response-i-received...

Not only is there no interest, but there is a somewhat vailed threat that I might be construed as practicing law without a license.

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Permalink Reply by I Enjoy No Debt on February 9, 2012 at 11:22am

I would definitely get someone to determine whether the bank has a right to your house and payment. I got a free mortgage audit from www.inspectoraudit.com These guys are awesome! I have not found anyone that will get this information for FREE to you, it helped me stop a foreclosure a few days before the sale. I am not usually a person to recommend someone, but I think in this case these people helped me and may help someone else who is in trouble when the bank is trying to steal their house. They will give you a FREE AUDIT!!!

When I got my mortgage audit back, I was STUNNED to find out that my Note had been sold into some kind of investment pool, and the bank did not have the right to continue to collect on me, much less foreclose on me. From what I understand that selling the notes into these pools is very complicated and I don't really understand it completely, except that the Note is no longer a Note, the bank cant claim it anymore as a Note, and the bank has already been paid for your mortage!. They try and steal your house after they have been paid for it!! I was upset when the bank started the foreclosure on me, now I am really upset for a different reason, because they are committing fraud on me.

MY FORECLOSURE HAS BEEN STOPPED DEAD IN ITS TRACKS!! The bank was committing fraud on me and trying to take my house and they cant now, I have a lawyer that is using the the audit I got from inspectoraudit.com and he is turning the tables on the bank. I love it and I feel so empowered now! Being on the offensive is much better than being on the defensive. Good Luck with everything