Supporting, Informing & Connecting People in Foreclosure
This question is open to anyone since every state has a similar law on its books.
In California, we have Penal Code Section 115 that makes it is a felony to record a false document that affects the title to a residential property. The recorded Notice of Default in well over 95% of all foreclosures in California is in violation of 115 PC as it contains one or more statements that are simply not true or correct. However, in at least two Southern California Counties, the District Attorney's Office is of the opinion that, if the homeowner is behind in the mortgage payments, the bank has the right to foreclose, REGARDLESS if they get the documentation right or tell the truth! Doesn't this make California a State governed by Privilege, rather than a State governed by Laws? But I digress. Since at least 99.9999% of all froeclosures in California are non-judicial, there is effectively no legal oversight of the foreclosure process whatsoever. To consider a criminal complaint filing for a violation of 115 PC, the DS's Offices want to be shown that the bank and/or Trustee KNEW that they had no standing to foreclose when the Trustee recorded the Notice of Default, making the theft of the property, effectively, premeditated. And this law is not unique to the Golden State. Every State in the Union has a similar ordinance, though the penalties for violating do vary.
I need suggestions of how to give quick and easy (with emphasis on the "easy" part since we're dealing with civil service types - I know, I used to be one), and documentable explanation of how the lender has no authority (standing) to direct the Trustee to initiate the foreclosure. I'm well aware that the lender/servicer doesn't have the original, wet-sig note; but, I can tell you, the reviewing Deputy DA doesn't care about that. They only see that the homeowner didn't make the payments as promised; therefore, the homeowner is a flake and deserves to loose their home. If you agree with that, you're wasting your time reading this. However, if you disagree and have an idea of how to get past this mindset, I need your help! A lot of homeowners can be helped if we can get past this.
(NOTE: It is my belief that if a felony complaint is filed against a Trustee that has initiated 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 dealt with. I can't guarantee this but, for the Trustee to continue with a foreclosure once a criminal complaint has been filed, makes even less sense given the damages that could inure when they are found guilty of the felony.)