About Timothy McCandless Esq.

I am merely an attorney who like so many others is overwhelmed by the onslaught of millions of defaults, modifications, foreclosures, trustees sales, notices to vacate ,unlawful detainers and sheriff’s lockouts.

In California a nonjudicial state a foreclosure can occur on the mere word of a lender without the original note or assignment of the original deed of trust. A then former homeowner can then be evicted by giving notice to vacate constructively (without notice) have a summons “Posted and Mailed” (again no actual notice) a default judgment taken (no trial) and a writ issued and the Sheriff’s instruction to evict issued and enforced.

I am about fighting this process, by 1. providing as much information as possible to allow homeowners to fight this process and 2. by litigation to protect those rights allegedly guaranteed by our constitution.

While I am an attorney the sheer number of cases no individual firm that I know of is capable handling competently. Most all non-profit foreclosure and legal aid service can provide only limited services. We have much to talk about this year as we push forward. By all accounts, the economy, the dollar, the foreclosures, the job situation etc are all getting worse by the minute.

Even if Obama is a magician it will be 2 years before there is a glimmer of hope. The homeowner aid programs are window dressing. Even the Sheila Bair one from FDIC/Indy Mac while well-intentioned does little for most homeowners. The ONLY hope for homeowners and the only hope for our economy is if we face the music and take the free market enthusiasts at their word, to wit: everyone agrees they artificially inflated real estate values and those values are still too high for the market to support. The only reason the “values” are stated so high is that the sellers are still deluding themselves in their asking prices. There is at least another 20% to go. As the Niel Garfield Continuum says, we are only in about the 2nd or 3rd inning of a 9 inning game that might go into overtime.

Loan Mod’s that leave homeowners under water simply will not work. People are not that stupid. It is easier to walk from the house and rent or buy another at real (lower) values.

Thus Litigation against the lender plan is the only viable option — get rid of the note, obligation and mortgage altogether or at least force a modification that will bring the obligation to around 80% of true fair market value. Only a credible threat to the financial services sector pushing foreclosures will result in this relief. The threat comes from understanding and enforcing the basic law applicable to these mortgages — they screwed up and now they want borrowers to sign new paper that clears up their screw up and leaves the borrower in a horrible position.<a href=”www.thestopforeclosureplan.com”> http://www.thestopforeclosureplan.com/Contact.html

CALIFORNIA LEGISLATURE FINDINGS

1. Recently, the California Legislature found and declared the following in enacting California Civil Code 2923.6 on July 8, 2008:

(a) California is facing an unprecedented threat to its state economy because of skyrocketing residential property foreclosure rates in California. Residential property foreclosures increased sevenfold from 2006 to 2007, in 2007, more than 84,375 properties were lost to foreclosure in California, and 254,824 loans went into default, the first step in the foreclosure process.

(b) High foreclosure rates have adversely affected property values in California, and will have even greater adverse consequences as foreclosure rates continue to rise. According to statistics released by the HOPE NOW Alliance the number of completed California foreclosure sales in 20′07 increased almost threefold from 2002 in the first quarter to 5574 in the fourth quarter of that year. Those same statistics report that 10,556 foreclosure sales, almost double the number for the prior quarter, were completed just in the month of January 2008. More foreclosures means less money for schools, public safety, and other key services.

(c) Under specified circumstances, mortgage lenders and servicers are authorized under their pooling and servicing agreements to modify mortgage loans when the modification is in the best interest of investors. Generally, that modification may be deemed to be in the best interest of investors when the net present value of the income stream of the modified loan is greater than the amount that would be recovered through the disposition of the real property security through a foreclosure sale.

(d) It is essential to the economic health of California for the state to ameliorate the deleterious effects on the state economy and local economies and the California housing market that will result from the continued foreclosures of residential properties in unprecedented numbers by modifying the foreclosure process to require mortgagees, beneficiaries, or authorized agents to contact borrowers and explore options that could avoid foreclosure. These Changes in accessing the state’s foreclosure process are essential to ensure that the process does not exacerbate the current crisis by adding more foreclosures to the glut of foreclosed properties already on the market when a foreclosure could have been avoided. Those additional foreclosures will further destabilize the housing market with significant, corresponding deleterious effects on the local and state economy.

(e) According to a survey released by the Federal Home Loan Mortgage Corporation (Freddie Mac) on January 31, 2008, 57 percent of the nation’s late-paying borrowers do not know their lenders may offer alternative to help them avoid foreclosure.

(f) As reflected in recent government and industry-led efforts to help troubled borrowers, the mortgage foreclosure crisis impacts borrowers not only in nontraditional loans, but also many borrowers in conventional loans.

(g) This act is necessary to avoid unnecessary foreclosures of residential properties and thereby provide stability to California’s statewide and regional economies and housing market by requiring early contact and communications between mortgagees, beneficiaries, or authorized agents and specified borrowers to explore options that could avoid foreclosure and by facilitating the modification or restructuring of loans in appropriate circumstances.

2. “Operation Malicious Mortgage’ is a nationwide operation coordinated by the U.S. Department of Justice and the FBI to identify, arrest, and prosecute mortgage fraud violators.” San Diego Union Tribune, June 19, 2008.

3. “Home ownership is the foundation of the American Dream. Dangerous mortgages have put millions of families in jeopardy of losing their homes.” CNN Money, December 24, 2007.

4. “Finding ways to avoid preventable foreclosures is a legitimate and important concern of public policy. High rates of delinquency and foreclosure can have substantial spillover effects on the housing market, the financial markets and the broader economy. Therefore, doing what we, can to avoid preventable foreclosures is not just in the interest of the lenders and borrowers. It’s in everybody’s best interest.” Ben Bernanke, Federal Reserve Chairman, May 9, 2008.

5. “Most of these homeowners could avoid foreclosure if present loan holders would modify the existing loans by lowering the interest rate and making it fixed, capitalizing the arrearages, and forgiving a portion of the loan. The result would benefit lenders, homeowners, and their communities.” CNN Money, id.

6. On behalf of President Bush, Secretary Paulson has encouraged lenders to voluntarily freeze interest rates on adjustable-rate mortgages. Mark Zandl, chief economist for Mood’s commented, “There is no stick in the plan. There are a significant number of investors who would rather see homeowners default and go into foreclosure.” San Diego Union Tribune, id.

7. “Fewer than l%• of homeowners have experienced any help “from the Bush-Paulson plan.” San Diego Union Tribune, id.

8. The loss belongs where it was created — on Wall Street and Main Street Banks that rented their charter to Wall Street operatives who caused an unprecedented collapse of loan underwriting standards and crossing the line into fraud, forgery, and creation of false documentation. Companies SHOULD fail. Banks SHOULD fail. Borrowers CANNOT fail — because they are the backbone of the country and the economy.

9. There are plenty of lenders, investment bankers and money managers who did not play the game and are perfectly healthy. Bailout money should go to the players who played by the rules and are healthy. They are the ONLY ones who can and will lend, thus freeing up, somewhat, the tightening death grip of no credit and thus no commerce.

Lastly I am devoted to fighting this process by 1. Providing as much information, pleadings, discovery, publication of relevant cases as possible to allow homeowners to fight this process 2. Through the judicial process attempt to protect those rights allegedly guaranteed by our Constitution.

How a Foreclosure Defense Attorney Can Help You Save Your Home

Home foreclosure can be a confusing process.  Many homeowners are faced with stress and anxiety when dealing with the thought of loosing their home.  Because of this fear, many families just sit back and let the foreclosure process happen.  The good news is, there are ways to avoid home foreclosure.  Foreclosure defense attorneys of the McCandless Law Firm help families regain their home and get their life back in order.

With the help of the McCandless Law Firm or the  bankruptcy division, homeowners can learn ways to save their home.  There are many different options based on each homeowner’s personal situation.  It is best to discuss all of these options with an attorney before taking any steps.  Below are some ways in which attorneys can help avoid home foreclosure.

1. Your attorney may suggest that you file for bankruptcy.  While not all forms of bankruptcy allow you to keep your home, some do.  If you are in huge financial trouble, this may be a good way to avoid home foreclosure.   Although it takes time and effort, bankruptcy can allow you to get a fresh financial start, including allowing you to keep your home. It is important to talk with an attorney to make sure this is the best choice for your situation.

2. Loan modification is another option to stop home foreclosure.  This is not always a possibility, but for those who can take advantage of this opportunity, it can lower monthly mortgage payments.  An attorney can work with you to see if this is a possibility.  Successful homeowners, who use this method, are able to afford their mortgage payments and keep their home, thanks to lower monthly payments.  Speak with an attorney to learn the processes and see if you qualify.

3. If our attorney suspects your home foreclosure to be illegal, they may want to file a lawsuit against your lender.  Not only may your attorney save your home in the long run, but will make it harder for your home to be possessed because of the open lawsuit.  If foul play is involved in your foreclosure situation, your attorney may be able to avoid foreclosure altogether.

These are some ways in which attorneys can help you stop home foreclosure.  It is important to fight back.  Every day, people watch their homes be taken away from them, when in actuality; they may have been able to stop the foreclosure.  It is best to stay informed and educated on the home foreclosure process.  Consult the McCandless Law Firm to discuss your options, and learn the different ways to fight back.

If you want to learn more about the home foreclosure process and learn ways to keep your home visit www.timothymccandless.com. The Foreclosure Defense Program offers resources on avoiding home foreclosure.  Put up a fight and learn how important foreclosure defense is!

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95 Responses to “About Timothy McCandless Esq.”

  1. Mortgage Auditor January 6, 2009 at 9:33 am #

    Timothy,

    I find your blog very informative and appreciate the content you share with your readers. I am a mortgage auditor in Maryland helping distressed borrowers facing foreclosure by examining their loan documents for TILA violations, fraud and predatory lending practices. I am always looking for skilled lawyers who can help my clients and I will place you on my list of attorneys for referral.

    Dean

    http://www.nationalloanaudits.com

    • Tammy August 8, 2009 at 3:33 am #

      I’ve been served with a Writ of Possession and my eviction date is 8/20. I was working with another attorney who was trying to arrange for me purchase the house from the bank since it went back to them at the auction. The house is in my husbands name and I have been approved to purchase it. Now the attorney told me that I can’t because it’s an FHA loan and has to be delivered vacant but I could always buy it back after I move out. I’m also pretty sure they can’t produce the original note. It has changed 3 times and only documented one of those times. They filed a loss note affadavit and now I’ve discovered the Loss Note Defense in regards to the TILA. Since the eviction has already been scheduled do I have any way of filing a motion to stay or extend? I’m certainly willing to pay an attorney. It is a good idea to request a Mortgage Audit (forensic) or am I too late for that too? I really don’t want to lose the house and thought I was going to be able to buy it back until today. I think my attorney didn’t specialize in Foreclosures possibly. Dean are you aware of any cases like this and since you’re in Maryland can you recommend a good attorney? Thank, Tammy

  2. badbizfinder January 26, 2009 at 6:51 am #

    Mr. McCandless,

    We aprreciate your shining the light on corrupt loan modification companies in California. Bad Biz Finder is on the same page.

    Loan modification scams have reached an all-time high in California. And Bad Biz Finder is reporting about it at WordPress. We welcome you to review the blogs at http://www.badbizfinder/wordpress.com.

    There is a trend developing where law firms are “sponsoring” loan modification companies to circumvent The California Foreclosure Consultant Act, Civil Code Section 2945-2945.11. They believe that by asking their customers to sign “law firm retainer fee agreements,” that they are exempt from the Act and don’t have to be licensed by the California Dept. of Real Estate or follow strict guidelines set forth in the Act.

    However, these “law firms” have no attorneys; the work is being performed by foreclosure consultants, and consequently, the law firms are breaking the law by sharing legal fees with non-attorneys since the only revenue to the “law firm” is legal retainer fees.

    It is a gigantic fraud and very complex but we are unraveling it for our most vulnerable consumers today on our blog and since January 9 have had over 1000 hits. We have been tracking about 56 companies since November in Orange County, San Diego County, Los Angeles County, Riverside County and San Bernardino County.

    We made an example of Parsa Law Group and National Loan Modification Center as they were one of the first companies we received complaints about and to date seem to be the most egregious. Beginning this week, we will begin releasing the evidence we have collected on other companies but we wanted to set a foundation of facts prior to that time so consumers could put the scams in 1 of 2 categories:

    1. Loan modification companies not in compliance with The California Foreclosure Consultant Act; or

    2. Loan Modification firms posing as law firms to circumvent The California Foreclosure Consultant Act.

    Bad Biz Finder is a non-profit anonymous consumer advocacy organization based in Fremont, California with chapters all over the state. By the end of February we will have a location in Orange County to handle the overwhelming demand we are facing with this cause.

    We hold true one singular mission: To offer consumers a source of unbiased facts vital to making informed decisions about everyday issues facing them everyday.

    The organization seeks to unearth unethical, illegal and unconscionable practices by individuals, businesses, and organizations and sets the record straight so those who have been harmed have a remedy and those who have not are warned.

    Its roots go back to the 1980s when the founder began to become vocal about the vulnerability of consumers and the companies, individuals and agencies that preyed on this vulnerability. Over the past three decades, Bad Biz Finder has championed hundreds of causes and has been an agent for positive change so that the so-called “little guy,” becomes a giant with purpose and power.

    Since the late 1980s due to the constant and unnerving legal and personal threats against the organization and its volunteers, Bad Biz Finder has moved locations, changed names, added volunteers and consumer rights attorneys to better serve the public. It is for these reasons that it prefers its anonymity and maintains a simple email address badbizfinder@aol.com.

    Bad Biz Finder is self-supporting and asks for nothing in return. Not one day goes by that the organization has not helped scared and hopeless consumers gain footing again, armed with facts that empower them, and for that we are proud.

    We do not accept payment, donations, or gifts. In order for our work to be effective, we must be free of bias and completely objective. We simply ask the people we help to “pay it forward,” and help someone else for free that is in perhaps the same dire straits they once were and pass along our name as a trusted resource.

    Bad Biz Finder

  3. Morgan April 3, 2009 at 10:51 am #

    Please email me and send your contact information. We are looking for an attorney on a annunities case and would like to speak with you asap.

    Morgan

  4. Pamela Zander May 6, 2009 at 7:52 pm #

    Desperate for help. I am facing $250,0000 loss in my home. Sale date is June 1, o9. My #760
    244.6248

  5. Gardener J. Doane May 18, 2009 at 11:40 am #

    what happens if trustee does not publish a notice of sale in the local newspaper in accordance with CA statues 33-808 A(4)

    • timothymccandless May 20, 2009 at 5:02 am #

      THE SALE COULD BE SET ASIDE AND OR STOPPED WITH AN INJUNCTION

      • Elyse Del Francia-Goodwin November 28, 2010 at 9:21 am #

        Tim,
        I have a friend that is trying to reach you as her sale date is in 5 days and she needs your help!
        Please email me your telephone number so she can set an appointment with ytour office in Riverside County.

        Please respond?
        elyse@gte.net

  6. Delia Aguilar May 31, 2009 at 9:32 am #

    Dear Mr. Timothy McCandless:

    Thank you! Thank you!, Thank you! so much for standing up to the Pittsburg Superior Court in the Contra Costa County. The homeowners you represented last Friday, were amazed and impressed on how you stood up and fearlessly faught for their rights.

    This court has been ordering evictions like traffic tickets and treating homeowners as if we are the criminals.

    Again, Thank You Mr. McCandless
    From Contra Costa County, CA

  7. Joe June 8, 2009 at 12:20 am #

    Hi Tim,

    Thanks for the depth of information on this site. I am facing eviction and have to send an answer to the Unlawful Detainer to the Pittsburg Superior Court tomorrow at 3PM (June 8, 2009). I am hopeless. I have my invalid father as a tenant..can he be used as a last resort to get some breathing space before being evicted?

  8. Terry DiSandro June 15, 2009 at 11:55 am #

    Dear Tim,
    I have been talking to a group that is moving to
    educate it’s members to sue their lender for “the
    note”, “the gaap” etc. In my effort to find case law
    I came across your site. What is your opinion of
    someone representing themselves?
    Thanks, Terry

    • timothymccandless June 15, 2009 at 8:52 pm #

      Obviously this is a self serving statement but if you have passion and can spend countless hours researching all the areas of law applicable to your situation and the law in this area is evolving every 6 months. If you could also hire a paralegal to get you through the Civil procedure you could do it but be prepare to devote every waking hour of the day to the task. Also so many people get so devoted to the task they fail to realize that the overwhelming odds are on settlement and representing ones self tends to overlook the possibility of a settlement that would be satisfactory. Bottom line if you represent your self you may get frustrated because this is no one trying to settle the case. One must look at this litigation thing as means to an end. Ask yourself what am i trying to achieve. Get the house a today’s value at an interest rate of 5% or less is a reasonable objective, get you house free and clear of the note maybe not so.

  9. TG June 23, 2009 at 4:11 pm #

    THANK YOU SIR, for your education sight, that you for the resources that you provide to homeowners like ourselves. Your information has contributed greatly to our victory against the lender in a UD trail. The law concerning the declaration that you laid out in the trail brief hit the nail on the head. NO POSSESION for the bank! Now we pursue them in the unlimited courts. They tried to fight tooth and nail, they tried to intimidate use because we are pro per, but they found no favor with the judge thanks to your site. You are doing a good work, thank you.

  10. EP June 25, 2009 at 9:03 am #

    I did not have any success in court. The judge at the UD trial did not “hear” me to he ordered the writ of possession to the bank, BUT I already have filed a Wrongful foreclosure and quite title. I need to use this my advantage, but I am not sure how to maneuver… any insight would be tremendous. I must have something in place my 7/10 or the sheriff will come knocking…

  11. Denise June 25, 2009 at 4:15 pm #

    Dear Tim I so desperately need some help, we have a case of lender, tila, fraud,broker,wrongful foreclosure and sale,identity thief by lender,insurance fraud,appraiser fraud, please email me with your involement to cases? do you advise or take clients. please let me know thank you

  12. Jimmy July 9, 2009 at 10:43 am #

    Hi Tim

    I live in California, and the sale date on my house is July 27, 09. Homeq is my mortage holder, I did a loan mod in Aug of o8, but due to the economy I still can’t make my payments, I had a company did a forisic loan audit and it have quit a few TILA violations, but this company dont have a attorney, so they simply give the file back to me and say good luck, Homeq have a policy of not doing 2 loan mods in one year, since we are in July already is there anything I can do to stay in my house, file a lawsuit? please advise me if possible.

  13. TG July 19, 2009 at 9:13 am #

    Hi Tim

    Please share your thoughts concerning this incident. We won a UD trial last month, yesterday we found a letter in our door from a debt collector NCCI. It wasnt post marked just in an envelope. In the envelope was a hardship letter from the servicing company who serviced the loan Wilshire out of Oregon. The letter doesnt have any contact information for NCCI just Wilshire. Why are they attempting to get us to complete paperwork and they already completed the sale, the property is currently in the name of the supposed beneficiary? Why are they trying to collect a debt after the property has been sold back to the supposed beneficiary, doesn’t this violate the anti deficiency statute? Please help me to make sense of this if you can. I can only imagine the amount of call you get during a day, because of the amount of fraud concerning the wrongful foreclosure we are taking them to civil court. We fought the ud trial pro per but we are considering receiving the assistance of legal counsel for the next round. I have been on Garfield’s site about lawyers who get it, no offense but some just plain dont get it, or are to busy to care about the details, but I believe the homeowner has some degree of responsibility to to be actively involved in their case. If you know of any attorneys that get it. Please email the names to me. Thank you for your time.

  14. Leslie Marks July 28, 2009 at 7:44 pm #

    WOW. I have been fighting my lenders since 2006. I am not an attorney, so it has been a long hard fight. Thank God a friend sent me this blog. In 2006 no attorney would help me. I have become a paralegal since then and now I work with attorneys to help others and gain paralegal experience. My lender was New Century now in Chap. 11. New Century transferred my mortgage to OCWEN on the SAME DAY it filed Chap. 11 April 2, 2007. In the meantime I sued Ocwen and put a lis pendens on my property. I am still in my home and not in forclosure, but I believe I am at a point where an attorney may need to step in and close the deal. I won a small amount against New century’s employee who defrauded me. I recently filed an adversay in Delaware. After reviewing this site, I am hoping my complaint is not too defective. I do not expect a favorable ruling so I am preparing to appeal it. There is so much obvious corruption I almost feel like giving up. But this is ONE house these thieves ain’t getting. I was in Federal Court in SF. I recently filed Chapter 13 so the same benefits New Century is getting under the law, will be available to me as well. I will keep reviewing the good information here, and spread the word to those who truly want to help homeowners who have been duped, hookwinked, bamboozled and defrauded. Kudos. (there are tears in my eyes) Nite.

  15. Leslie Marks July 29, 2009 at 9:57 pm #

    Mr. McCandless, you have NO IDEA the amount of time I spend doing legal research tring to represent myself. But I am not in forclosure. However, my Lender illegally transferred my property the day it filed Chap 11, while in active litigation with me in federal court, and outside of its then counsel of record. I believe Free and Clear is an option for me. What do you think. Please respond.

    • timothymccandless July 31, 2009 at 6:26 am #

      Oh I have a very good idea. I’ve been doing this for 19 years and still spend every waking moment trying to discover new ways the pretender lenders are trying to stick it to the consumer and the American taxpayer and getting away with it. As to getting your house free and clear I don’t think that is achievable unless the lender were to default in a quiet title action. Hopefully you can settle with your lender at something you feel is equitable.

  16. timothymccandless July 31, 2009 at 6:07 am #

    A template is ok… but really each hardship is unique and to say you should follow a template would be bad advise you can find “examples” if you go to the search portion of this site and enter “hardship”

  17. Tammy August 7, 2009 at 5:35 pm #

    I’ve been served with a Writ of Possession and my eviction date is 8/20. I was working with another attorney who was trying to arrange for me purchase the house from the bank since it went back to them at the auction. The house is in my husbands name and I have been approved to purchase it. Now the attorney told me that I can’t because it’s an FHA loan and has to be delivered vacant but I could always buy it back after I move out. I’m also pretty sure they can’t produce the original note. It has changed 3 times and only documented one of those times. They filed a loss note affadavit and now I’ve discovered the Loss Note Defense in regards to the TILA. Since the eviction has already been scheduled do I have any way of filing a motion to stay or extend? I’m certainly willing to pay an attorney. It is a good idea to request a Mortgage Audit (forensic) or am I too late for that too? I really don’t want to lose the house and thought I was going to be able to buy it back until today. I think my attorney didn’t specialize in Foreclosures possibly. Thanks, Tammy

  18. Leslie Marks August 24, 2009 at 9:08 am #

    Tim are you aware that sub prime banks were allowed an exemption to California Civil Code Section 2923.52(a) the Moritorioum on Forclosures? All the subprime big boys are on the list. what a crock.

    http://www.corp.ca.gov/FSD/CFP/pdf/ExemptList.pdf Check it out.

  19. Leslie Marks August 26, 2009 at 5:55 pm #

    Tim there is NOTHING equitable. However, I will keep you posted. I got AHEAD of the foreclosure, not behind it. I am in Delaware in an adversary against New Century now and I am in the the NORTHERN district with my own chapter 13. All my research has paid off. In my case – because I did not wait till the last minute to save my house. Remember i am not in foreclosre, and I have NOT paid mortgage since 2006. Ocwen has FAILED to service my long since they fraudulently acquired it. New Century no longer is licened to do mortgages in Cali. I won $25,000 against the NC employee who defrauded me. The property value is so low, it would be more feasible for them to give me my property than to amass the litigation fees I am more than capable of making them rack up. I am sick of this crap Tim. Read your blog, there is no relief for the consumer. I may not be able to help the world but i hope that winning my case will encourge other NOT to walk but fight for their properties.

    • Liz in Cal October 13, 2009 at 10:30 am #

      Leslie since you have had your share of research and fighting with the lender; would you mind giving me a call. I am not sure how to proceed with my next step. The attorney stated the mod is the best they can offer at 2% step in interest for 5 years and each year the payment increases; the interest was put on the back end making our new loan balance 680K (our house is only worth about 438K (this is how much the lender would get if that if they were to foreclose). We haven’t signed anything. and the california laws are confusing to say the least; what will work (Produce the note, go back to lender and request a better mod according to ca civil code 2923.6; can we buy back our home at current market price? Please help, want to save our home.

  20. Alicia September 11, 2009 at 10:19 am #

    Hello,

    I am behind on my home 7months, am i able to obtain a modifcation? or should I just walk away

    Alicia

  21. Michael P September 30, 2009 at 4:15 pm #

    Hello Timothy,

    I have come acrossed your site and can only wish that I found it long ago..
    My home was auctioned, and it went back to the beneficiary.
    There was clearly 200k in equity available with a opening and closing bid of 131k..
    I have some issues with the way that the auction was held and subjects surrounding this topic..
    I believe they tried to serve me a UD yesterday and from what I read i need to stay in posession of the house to make something work.. I heard from a friend of the benficiary that he has a buyer and plans to sign papers anyday, what can I file with the courts myself while I get the money together for professional representation.. ??
    Thank you for response and all info,
    Mike

  22. Kelli Garner October 2, 2009 at 9:50 pm #

    Thats very good to know… thanks

  23. Joe October 7, 2009 at 11:24 am #

    Timothy, regarding California Civil Code 2923.6, if a lender was mandated by that law to accept the homeowners modification (provided the offer shows the NPV of the income stream of the modified loan to be greater than the amount that would be recovered through the sale of the property), is the lender mandated to forgive the deficit balance, or will the deficit balance be deemed as an unsecured debt that is pursuable by the lender. Under 2923.6, is the lender also mandated to waiver the 1099C on the deficit or will the IRS still add the deficit balance as borrowed income to the homeowner, increasing the homeowners personal federal tax liability?

    • timothymccandless October 7, 2009 at 2:55 pm #

      This area is in a state of flux. The Federal courts a declaring that the Federal Banks cannot be regulated by state…State court Judges are declaring the will not intervene in a contract that is clear on its face. Best approach 2923.5 and attack the procedure 90% are not complying… they have taken a calculated risk… to comply it would cost toooo much plus they make more from insurance the feds etc. by foreclosing so you must attack the procedure….

  24. Lolina Porter October 13, 2009 at 11:45 am #

    Dear Mr. McCandless,

    I would like to call you but I could not find your phone number here, I was forced to enter into this Repayment Plan of my tenant occupied mortgage with Aurora Loan Services just for them not to Foreclose my home. However, during the conversation I had with the negotiator, he said that Repayment plan of $1,876 per month for 9 months will bring me back to my regular monthly payment of $569.00 per month. To my surprise, I received a Repayment Plan agreement that states same repayment plan per month, but at the end of 9 months I still need to pay them $10,585.66. I was cornered and did not know what to do, because in my opinion, I do not owe them that much money. I signed it anyhow just to stop my foreclosure which they set for Oct 1, 2009. Today, it is against my conscience to pay them $1,876 on or before 15th of October just because of this OVER CHARGES. I have filed my complaint against the OTS before I signed the Repayment Plan.

    Please advise, I do not know what to do. I live here in Glendale, CA and my tenant occupied property is in TN. My husband just had a stroke on July 10, 2009. We have been hit hardest financial due to medical reasons. Prior to this my previous tenant did not pay me $14,800 in rents which my property management hid from me. I had to go to court to property evict the tenant in May.

    Please help, should I pay the repayment plan this month? Or hire an attorney to help me file a complaint against Aurora Loan Services. They need to be corrected. They are not very helpful at all. I just finished my 4 month forbearance agreement with them as they promised me when I completed they would do a loan modification on my property. They asked me to send my updated financials but since I was in the hospital with my husband most of July and August, I did not submit the paperwork on time, which they close my case and set a foreclosure date on my property.

    Please help.

    Thank you in advance,

    Lolina Porter
    Cell: 818-571-9092

  25. Nicki Tompkins October 21, 2009 at 4:30 pm #

    Dear Timothy,

    We have Demanded the Original Promissory Note, filed Rescission documents which removed us from the sales and are looking for a final solution to end the foreclosure since they have already been paid by our signature. Any help you can offer in South Carolina would be most appreciative.

  26. David October 22, 2009 at 3:34 am #

    Hi Tim,

    Interesting Question. With all this straw man and MERS stuff going on, if i keep making payments on my house, at the end of it all, how can they assure me a marketable deed in the end ? My mortgage was sold off my original bank unknown where it is or what state, but if its been securitized, how do I know i will ever have a marketable title. Even if in practice i can sell teh house, could this line of reasoning be used to sue the bank to get costs back out of the property and roll back the original purchase?

  27. Bandara Roy November 4, 2009 at 7:48 am #

    Are there any legitimate loan modification consultants in California? I live in the SF Bay area and am desperate to find folks. A couple of attorneys said that they are exempt from SB 94 because they break up the process into different stages. Is this legitimate? Please help. Thanks.

    bandara

    • timothymccandless November 4, 2009 at 8:01 am #

      SB 94 prevented the payment for modification services. Therefore the only services an attorney can offer is litigation. I personally am litigating the issues presented by civil code 2923.5 which are the mandates of modification before a foreclosure can be deemed legitimate. I have an office in Rancho Cucamonga and in Northern California in Martinez the northern Office Number is 925-957-9797 Southern 909-941-8300

      • ALI June 18, 2010 at 1:02 pm #

        Mr MC Candeless,
        I need you to represent me at my next hearing? Please…

  28. Debbie November 7, 2009 at 8:19 pm #

    Can you refer me to a licensed atty in Wyoming?
    I just received the Foreclosure Sale Notice and it’s from “MERS as nominee for” (Lender).

  29. MARVIN TAALIB November 22, 2009 at 4:05 pm #

    HELLO TIM…..

    I’M FACING AN UNLAWFUL DETAINER HEARING SCHECULED FOR 30 NOV 09, I HAVE FILED PREDATORY LENDER CLAIMS WITH COUNTRY WIDE B OF A, CAL ATTORNEY GENERAL AND DEPT OF CONSUMER AFFAIRS ALL ON 18 SEPT 09, STILL WAITING FOR REPSPONSE…..AFTER READING YOUR BLOG I WOULD LIKE TO CONSOLDATE THE UNLAWFUL DETAINER WITH A LAWSUIT CAN YOU POINT IN THE RIGHT DIRECTION TO HAVE THE LEGAL DOCS DONE…..PLEASE CALL OR EMAIL….
    MY # IS 909-503-2900 THANKS

  30. AINC November 25, 2009 at 9:25 am #

    Great site.

  31. JM December 1, 2009 at 6:29 pm #

    I detected that Cal. Civ. Code §2924f contradicts California Statutes 33-808 thru -810 regarding Notice of Sale. Going by California Statutes 33-808 thru 810, Notice of Sale in my foreclosure did not conform. Going by Cal. Civ. Code §2924f, it does conform. Which is correct or takes precedence?

    • timothymccandless December 2, 2009 at 1:45 pm #

      California Statutes 33-808 thru -810 regarding Notice of Sale I believe this could be Arizona Rivised statute so…. if you propeerty is in Arizona then … if California 2924 applies

      • JM December 4, 2009 at 1:04 am #

        Thank you! Also, it’s interesting, a former UCLA law professor told me that those statutes may be used if they were CA Statutes at one time and were written over.

  32. JM December 3, 2009 at 11:39 pm #

    Am facing UNLAWFUL DETAINER, filing answer tomorrow, and will attach exhibit RESCISSION OF TRUSTEE’S DEED for summary judgment dismissal with prejudice against “bank” plus release of property to surety. But also read UD is about right of possession, not title. Will I still have to file Federal Quiet Title or Quo Warranto?

  33. Raja December 22, 2009 at 10:50 pm #

    Mr.Timothy Sir, I am fighting Pro Se since last o2 years and repelled their two foreclosures and got injunction from state courts 06 months ago.
    1. Now the opposing counsel is filing the motion to substitute in place of the servicer who tried two illegal foreclosure attempts.(By doing this they have proved my point which I raised in the Bankruptcy-7(Standing Issue) they acted ultra virus.
    2. I have more than 50 documents which have different signatures of the VP of the Bank and notaries also have different signatures(the signature of the same person are not identical)
    3. In Bankruptcy the Judge decided the case in favor of a fictional party which never existed when 02 foreclosure were attempted. I filed appeal against Bankruptcy that they erred in deciding the case without any hearing and I did challenged them. (motion to object relief from stay, motion to compel) but the bankruptcy judge did not take notice of my motions.
    4. Loan was refinanced,and was rescinded in time,they ignored the rescission notice and QWR and by operation of law rescission was self imposed.
    5. Since they fail to response of my QWR and as per “default Clauses of QWR” I filed the “CERTIFICATE OF SATISFACTION WITH AFFIDAVIT OF NON COMPLIANCE” more than 09 months ago and they did not challenged that too.
    6. I objected all the players including the Trustee and this was also recorded in the land records
    7. There are two big law firms representing these thieves.
    8. I have also filed a suit against them in the Circuit Court.
    9. A few days before the opposing counsel sent me a letter regarding moving a motion against me for rule 11 sanctions, if I did not amended my motion. I informed him that I will not amend my motions and will go till the last.( I have been requesting the Bankruptcy court to put sanctions on the Bank’s conduct and on the attorneys too who acting as a vehicle in this fraud game)
    10. How should I take his threat and please advise (they have sold my loan more than 47 times in different pass through series, and I have that proof from SEC with my loan # on it)
    Sir kindly advise in this regard. I am in Virginia which is a non judicial state( I have kept my wife as reserve for bankruptcy if need be & I only filed chapter-7)

    Thanks and Be Safe

  34. darren December 25, 2009 at 9:00 pm #

    have there been any successful cases, federal or state, that a private party has sued their lender or mortgage company for illegally foreclosing, say for failing to produce the original note?

    I know of that jury in Galveston, Texas, has awarded $11.5 million to a customer of Ocwen Financial Corp.

    any other cases that can be reviewed??

  35. Darlene Siddons December 31, 2009 at 10:26 am #

    hi there….

    i just faxed you a copy of my NOD…. i don’t have a fax machine so i used freeFax and couldn’t put on there my sale date like you requested… it is 2/8/2010

    thanks
    darlene

  36. salvador December 31, 2009 at 11:50 pm #

    Hi Thimoty getting the property free and clear is possible, I do have copies of friends notes that show an endorsement from the bank CFO, pay to the order of the bank, they have made the mistake of sending me they copy of the original that they want to hide, the copies that they send when you do a Qualified Written Request is the copy when alleged borrower signed Note at escrow, but they do make mistakes and I did get few copies of the note when they endorse the Note and they deposit as a cash deposit, if we fight for the original Note wet ink they won’t produce it and if they do the note will have that special endorsement and that voids the original note because is considered that note was paid in full of that the note has been modified making it void/null, please contact me to join forces i’m not an attorney or lawyer we have to play the same tricks they do to us to win!!!!!

  37. KATHLEEN January 2, 2010 at 11:25 am #

    Hi Tim!
    PLEASE email me and let me know if you are taking new cases or if you can refer me to a really good attorney.
    We paid a modification company $4490 to do a home loan modification and found out they were a scam and stole our money.
    We’ve talked to our bank and they’ve agreed to redo our loan at 2% for 40 years but our home is worth more than $100,000 Less than what we owe on it. That’s on our 1ST.
    We have a 2ND on our home for $65,000, which we have found that they never had us sign the HUD1 respa. We’ve been told that, with a good attorney, that we can have our 2ND totally eliminated.
    PLEASE EMAIL ME!!!!!

  38. Darrell Sturgill January 9, 2010 at 2:57 am #

    even once these experts have verified that your notice of default shows mistakes and discrepancies, they then tell you that if you don’t have thousands to spend on your case , you are sol. it is very disheartning and discouraging.

    does anyone know of competent representation that will start a case w/ a smaller down payment instead of thousands ?

    Darrell

  39. JM January 11, 2010 at 11:28 am #

    Yes. Timothy McCandless.

  40. Larry S apple valley January 26, 2010 at 3:07 pm #

    THANKS TIMOTHY FOR ALL OF INFORMATION ABOUT THE LAWSUIT AGAINST MY LENDER , THE MINUTE THAT I MENTION YOUR NAME AND FACTS ABOUT THE LAWSUIT I FINNALLY WAS PUT IN TOUCH WITH UPPER MANAGMENT THAT COULD PROVIDE ME WITH THE ANSWERS TO MY QUESTIONS. AS OF TODAY THEY HAVE GIVEN ME A NEW LOWER INTEREST RATE AND MODIFICATION AGREEMENT NOT JUST A 3 MONTH PLAN AS THEY FIRST OFFERED AND THANKS TO YOU I SAVE MY HOME FROM FORECLOUSER. P.S KEEP UP THE GOOD WORK

  41. Larry SANCHEZ apple valley January 26, 2010 at 3:12 pm #

    HELLO TIMOTHY I FORGOT TO MENTION THAT THE SECORD MORTGAGE WITH
    MY LENDER THE SAME AS THE FIRST HAS AGREED TO INTEREST ONLY PAYMENTS
    FOR 5 YEARS @ 3% int only.

  42. Darrell Parker February 1, 2010 at 9:48 am #

    Mr. McCandless – I have been working with a loan modificaiton company, Guidance Mortgage Relief, since Jan 2009 in an attempt to get my Mortgage company, Wells Fargo, to modify my FHA loan. I made my initial request for modification in August of 2008 after I lost my job (at a mortgage lender no less). WF has refused to comply with the Calif. legislation or the HAMP Act, despite their BS press releases; is this not reasonable justification for litigation both by me as a consumer and by the State’s Attorney or District Attorney?
    Also do you have a “Fill In The Blanks” template that can be used to file against a Mortgage Lender? Do I need to file against the trustee listed in the foreclosure proceedings paperwork? Do I need to include the investor, if I can determine who they are, in the litigation?
    Have you heard anything about a Loan Modification company in Los Angeles called Guidance Mortgage Relief? I paid them ahead of time, before information came out to the contrary.

    Thank you

  43. Michael Scott February 4, 2010 at 8:34 am #

    HEllo Timothy and Others,
    I know this may be alot to ask but please any insight will be very appreciated.
    I had found this site and Neils site after my property was stolen out from under me which had at least 200k in equity in todays market. My girlfriends house house was in foreclosure just as mine and with the informaion posted and the way two different companies processed foreclosures i found a few errors that would have defenitely got the Auction reversed. I contacted Carlos Negrete from Neils list and he agreed that this could be reversed.. I could not get the $7500.00 that Mr. Negrete was charging me and attempted to seek out sate assistance and 2 months later was right were i begun.. now its been 4 months post Auction.
    HERE IS MY ISSUE…
    AT THE top of this page in PARAGRAPH 2 is exactly what happened to me.
    I maintaned posession for 2 months and knew that there was a UD about to be served. I patiently awaited the UD and i moved back to O.C. to my girlfriends housewhich was right next to the Beneficiarys home.. They knew were i was everyday all day and they filed a series of papers and were able to claim they made 3 attempts to serve the UD at the property and then were approved to serve my UD by mail.. The court date happened and i found out 2 days later.. The Beneficiary and there Attorney knew i was waiting for the UD so i could file against the property. This is what i have been up against lying, sneaky people..
    I was told ny a mutual friend that they either sold property to a 40 year long friend of theres or just transfered title to make it more difficult to get property back..

    What can i do ???? i am trying to find out if escrow closed..
    Will someone call me please.. i am in So Cal. prop is in Riverside.
    Thank You

  44. EDGAR L. FIGUEROA February 24, 2010 at 10:38 am #

    Atty. Tim:

    I am one of the U1st Clients inquiring about any developments regarding the class suit, i’ve been trying to call the numbers on the emails sent to us but was not able to talk to anybody on the phone numbers provided.
    Is there any way we could still refund the monies we/ve paid to United 1st. ?

  45. EDGAR L. FIGUEROA February 24, 2010 at 10:45 am #

    Please give us info. regarding the U1st class suit, I have been evicted from the property (164 West 220th Street,Unit 1, Carson,CA 90745) in September’2009.

    Was there any action done regading these cases I believe there are about 2,000 U1st clients that were mislead by the claims of U1st and Focus2000, they have disappeared and until now we are still waiting if they were legally dealt with, any news if they were charged with any suits?

  46. C.M. Willis March 7, 2010 at 8:06 am #

    Timothy, a question concerning ethics. Can a foreclosure factory owned by a law firm have that law firm defend them in Superior Court? ex: According to the NEVADA secretary of state, QUALITY LOAN SERVICE CORPORATION is a California corp. owned (principal board members) by McCarty and Holtus, the principals of McCarty & Holtus law firm. McCarty & Holtus are defending Quality in a wrongful foreclosure suit where I am the plaintiff (pro per). I understand that in Nevada this is not-permissable. How about California??

    • elizabeth mcdaniel November 16, 2010 at 12:19 pm #

      I was looking through the blogs, and I saw where that company you mentioned from California. Well they do evictions, there real jerks and their located in San Diego,Ca. on 4th avenue,92101

  47. randy March 12, 2010 at 11:55 am #

    if a deed of trust sets out the Trustee (Old Republic) and nominee/beneficiary as mers and without any further acknowledged/recorded Substitution of Trustee executed by the Lender, can an entirely different entity bring the Trustee’s sale as Agent for the Agent of the Beneficary, who is essentially only a nominal beneficary???? here it was LSI Title Company for Quality Loan Service Corp., as Agent for Beneficary, which was MERS in the Deed of Trust- is this legal?

    • ron miller April 19, 2011 at 6:33 pm #

      Hi Randy I am in the same boat with LSI title similar stuff different names except for LSI title. If you get info, please send me an email.

      Check out this guy… he just won a case in san francisco on appeal and he has a lot of good stuff on his website. Also, his not crazy like some.

      http://mikerooneylaw.com

  48. Marlene Balmaseda March 31, 2010 at 1:21 pm #

    Dear Mr. MCandless:

    Our property is in California. Our first is with Aurora Home Loan – (a Negative Am loan). Tried to modify the loans for the last 2 1/2 years, including paying an attorney $4,500, and nothing came from it. We also have a second with Chase. The first with Aurora has a balance of $695K. The second w/ Chase $189K. We are currently in default and NOD was filed – then a substitution of trustee. I know by reading your blog that the Aurora has violated Civ. Code. 2924, etc. re: the NOD. However, instead of fighting this foreclosure, we would like to offer a Deed in Lieu of Foreclosure. Question: Can we negotiate this Deed in Lieu with Aurora so that no deficiency is sought after? and most importantly, what would happen with the second of Chase? Last question: What would your office charge to negotiate such a deal?

    • truth hurts January 6, 2011 at 9:38 am #

      Next time, buy a house within your means.

      • Luis April 18, 2011 at 10:49 pm #

        How do you know it wasn’t? You must be glad Wall St is destroying this country.

  49. Timothy Jones April 20, 2010 at 9:58 pm #

    Hi Tim. I have a sale date of 5-10-10 and B of A seems to mean Big A$% Holes right now. I just had a forensic done and they found 4 Tila and Respa violations. What do I do with this report. I have just won a case by default against BofA for their violation of the settlement made with the attorney generals office. They didn’t bother to show up so I won by default. Working with NACA but BofA is ignoring them also. Their arrogance is only matched by their ignorance of the law. I need someone who knows the law and will put our needs as a priority. Tim

  50. Victoria July 16, 2010 at 3:09 am #

    Is it true that when the lender sells the note, stamps the note pay to the order of and without recourse, that the obligation is discharged according to the UCC? You exchanged your PN (asset) for the house. But once they stamped it, they changed it into a negotiable instrument but didn’t tell you about it. Your done with that part of the transaction. You have the house and they can monetize the note as they do over and over.

    And also is it true, that when you signed the deed of trust “for a loan received” you NEVER received the loan? You made the payments as agreed for a loan you never received. So, that’s why the PN and the deed of trust are not together as they should be if it really was one transaction and not two disguised as one. Just curious.

  51. LEE July 22, 2010 at 6:05 pm #

    Hello Tim
    What can i do please read below

    Bank of America
    Fidelity National Title
    TD Servicing Company

    Re: Wrongful Foreclosure and Fraud

    Property Address: 4930 Colusa Dr. Oceanside Ca 92056 Loan Number 4703319

    I, Arnold Gaston, am seeking compensation for the fraud and wrongful foreclosure that LaSalle Bank N.A Trustee for MLMI Trust Series 2007-HE3, Wilshire Credit Corp, T.D. Servicing Co. and Fidelity National Title does. On Nov 12, 2007, I received letters from Wilshire stating that they would like to help me stay in my home and with instructions to send in requested documents. On Feb 15, 2008, I receivee a letter from Wilshire stating they received the requested documents as of Dec 10, 2007, also requesting additional documents which I sent next day air to Wilshire and received confirmation via phone that it was received. On March 18, 2008, I received an in house forbearance agreement for my second, but not my first. I contacted Wilshire and was told that the correct agreement is on its way. After filing BK to try and resolve the issue with the correct agreement I was told they can’t help me while I am in BK so I allowed my BK to be dismissed in reliance that the correct agreement would come just to have my Home foreclosed upon in May of 2008. After my home was foreclosed upon, Wilshire offered to sell me back the property without agreeing to delete the negative marks on my credit report making it impossible to acquire financing. The parties mentioned above then executed a writ of possession putting me out of my home.

    Attached are the fraudulent documents recorded against said property in said county that allowed them to proceed with their willful wrongful fraudulent actions:

    NOTICE OF DEFAULT shows Mers as beneficiary in which they lack standing.

    SUB OF TRUSTEE reflects Laura Hescott’s signature is fraud , the first page of the recording reflects that she is the attorney in fact for LaSalle Bank N.A Trustee for MLMI Trust Series 2007-HE3, but the notary acknowledgement shows her as the attorney in fact for LaSalle Bank N.A Trustee for MLMI Trust Series 2006-HE3. Also California Civil Code 2934a clearly states that a separate document be executed and recorded for properties secured by a series of notes in which it was not in this case. Please review Laura Hescott’s signature on page one of the sub of trustee and the other signatures from her on other instruments attached.

    ASSIGMENT OF THE DEED OF TRUST was executed on 11/23/2007 and recorded on Feb 15, 2008, and notarized by Melissa Tomlin who’s signature doesn’t match what she has on file in Oregon in July 2007. Also the Notice of Default was recorded on Nov 14, 2007, which means it lacks the authority to foreclose per the assignment.

    I am seeking compensation for attorney fees I have expended in fighting the wrongful foreclosure, unlawful detainer, and writ of execution and damages of $2.5 million for the loss of my home, emotional distress, and damaged credit I incurred from the above activities. This offer is subject to California Code of Civil Procedure Section 998.

    Arnold Gaston
    July 16, 2010
    Cfsloansclose@gmail.com

  52. Gustavo Cuenca July 25, 2010 at 9:45 am #

    U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF LXS 2006-4N as a foreclosure case against me and my wife in Florida.(02/15/2008)

    “MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC MERS is a separate corporation that is acting solely as a nominee for lender and lender’s successors and assigns.MERS is the mortgagee under this Security Instruments”(art.C in mortgage documents).

    “Lender” in AEGIS WHOLESALE CORP. (art.D. of mortgage doc.)

    1)The mortgage was bought for COUNTRYWIDE (now B of A).

    2) I found serious violations in an forencic audit that I ordered to my loan doc.
    (GFE not provided within 3 days of application,Finance charge error greater than $ 100 of total credit extended,Violations of Federal Statutes,Missing Mortgage Broker Agreement Disclosures,etc).

    3)MERS now appear as Defendants in the foreclosure documents

    4) I have an Adjustable rate note.

    I’m not a Lawyer but all this not smell to good for me and I need help FROM a REAL GOOD LAWYER AS LOOK YOU ARE.

    Please contact me is you think that this is a case for you.

    Thank you

    Gustavo Cuenca 954 9140804 Florida.

  53. LAURIE MENDOZA August 1, 2010 at 10:59 am #

    hi mr. mccandless,
    i just happen to run across this from sacramento superior court tentative rulings. sometimes i think we as american people run up against brick walls when it comes to our judicial system. so frustrating.
    sincerely
    laurie mendoza

    Item 12 2010-00077807-CU-OR

    Maria Santos vs. OneWest Bank F.S.B. Successor
    Nature of Proceeding:
    Filed By:
    Motion for Preliminary Injunction
    Martin, Hiram
    Plaintiff’s motion for a preliminary injunction and finding of contempt is denied.
    The motion was not timely served on Deutsch Bank as it was served by mail 17
    days before the hearing. Both the moving papers and reply papers violate CRC rule
    3.113(d).
    The requests of defendants Deutsch Bank and Regional for judicial notice is
    granted.
    Trustee Regional Service Corporation is not in contempt of the May 21, 2010
    TRO. Regional mistakenly recorded a Notice of Trustee’s Sale on May 25, 2010.
    Regional’ s attorney communicated with plaintiff’s attorney and assured him that the
    Notice of Sale would be void and no sale would occur unless a new Notice of Sale is
    recorded. Regional’ s attorney confirmed that there would be no sale set to occur prior
    to the July 28, 2010 hearing. The sale was then noticed for August 3, 2010.
    MERS assigned its interest to Deutsch Bank in February 17, 2010. The
    assignment was recorded on May 25, 2010. This is not a violation of the TRO. In any
    event, the TRO was obtained before Deutsch Bank was named as a defendant.
    Plaintiff’s contention that neither MERS nor Deutsch Bank has standing is
    without merit. Mortgage Electronic Systems is a corporation organized under Delaware
    law. Plaintiff has confused it with a copycat MERS (System with no “s”). MERS is not
    obliged to register with the state before it can assign its interest to Deutsch Bank.
    Likewise Deutsch Bank can accept an assignment and begin non-judicial foreclosure
    for the same reasons. That is, this does not constitute the transaction of intrastate
    business. Derakhshan v Mortgage Elect. Registration Sys., Inc. 2009 U.S.. Dist..
    LEXIS 63176 *19-20 (C.D.Cal 2009). Corporations Code section 191.
    Inexplicably, plaintiff continues to maintain her meritless arguments on standing
    in her reply.
    Plaintiff’s contention that the Assignment dated February 17, 2010 but not
    recorded until May 25, 2010 was backdated and there must be some impropriety is
    pure speculation.
    Plaintiff also contends that the substitution of Trustee, Regional Service is
    improper and Regional cannot conduct the foreclosure proceedings. Regional was
    substituted as trustee for Fidelity Title on February 17, 2010 but the substitution was
    recorded later on May 25, 2010. The fact that it was recorded after Notice of Default
    was recorded, does not make the substitution invalid. The Notice of Default states that
    Regional is “either the duly appointed Trustee, the substitute Trustee or acting as
    agent for the Beneficiary.”
    Plaintiff’s “possession of the note” argument is not a valid defense. No court has
    accepted such an application of the Commercial Code. Article 3 of the Uniform
    Commercial Code governs negotiable instruments, not non-judicial foreclosures.
    Deutsch Bank has not violated Civil Code sections 2923.5 and 2923.6 Section
    2923.5 expresses a legislative intent that certain types of loans be modified if possible.
    In section 2923.6 a loan modification plan may be offered if it is consistent with the
    lender’s contractual or other authority. Neither section creates a private right of action.
    In any event, the Notice Default states that borrower was contacted in compliance with
    the Code. Furthermore, plaintiff is admittedly in default and has not tendered payment
    of the amount owed.
    Plaintiff’s contention regarding fraud at the inception of the loan is without merit.
    Neither Deutsch Bank nor Regional were involved in the loan origination process.
    For all the above reasons, plaintiff has not shown a likelihood she will prevail on
    the merits.
    The minute order is effective immediately. No formal order pursuant to CRC
    Rule 3.1312 or further notice is required.

  54. stevecarney August 2, 2010 at 7:46 pm #

    Tim: Im a Foreclosure Defense Consultant for
    http://www.freedomlegalplans.com

    We help people nation wide fight the loan Mods and Banks.

    Call me at 754 245 0165/ I can help

  55. LAURIE MENDOZA August 2, 2010 at 10:43 pm #

    dear mr. mccandless,
    today i was granted a trial by jury in unlawful detainer court. the trial was moved from carol miller justice center, where all unlawful detainer hearings are held to the downtown court house where trial by jury is held. instead of having a hearing that would take 15 minutes before a commissioner now i have a chance to go before a judge who i’m hoping understands the laws and have a jury that will take more than 15 minutes to decided my fate. the trial begins on august 16th. i have alot of work preparing for this. is there anything you would like to give as far as words of advice. i truely know and im not asking you to obligate yourself. i just would like to hear about the pitfalls and how to avoid them. im hoping this might set some kind of presidence for others who are going through this. im hoping this might set a presidence for people to push there rights. i feel if i go before a jury i will get a fair verdict even if it is that im guilty of unlawful detainer. im truely hoping i will hear from you as i know you have words of wisdom and i’m all ears.
    thank you
    sincerely
    laurie mendoza

  56. Ruth DeAmicis September 13, 2010 at 9:08 pm #

    Hello Timothy and Associates,

    We had our Unlawful Detainer “Removed” officially to Federal court on grounds of “Federal Question and Diversity of Jurisdiction”. It was accepted and we have been given a court date 60 days after our UD hearing. What is so great about this is that it bought us 60 days and beyond. Federal court will listen to issues of title, contract, Constitutionality, and all the issues needing to be addressed in a foreclosure that most state courts are not ruling in favor of homeowners. UD courts are “eviction” courts that are concerned with property possession, and do not listen to issues of title or Constitutionality, etc. We believed we would have a better chance in Federal court. Anything is better that UD court!

    Timothy, I would like to speak with you or your partener in So Cal, so please email me and I’ll send you my phone no. again. You should already have it as I have already spoken with your partener around a month ago. Our case has taken a different course in the last month, thus the reason to speak with you again.

    Thank you so Much for your time…and thank you for all that you do to assist people to fight to keep the banks from stealing their homes!

    ~Ruth~

  57. Tony Z October 6, 2010 at 1:21 pm #

    Timothy,

    I’m not sure if you can help or answer any questions but I will ask anyway.

    My mother applied for a MHA with Bank Of America in June 2009. She did this because in 2005 she refinanced through Countrywide and agreed to a ARM. Her monthly payments were going to go up in January 2010 so this is why she applied for the MHA, hoping to avoid any problems.

    I won’t go into the nightmare and anguish this process has been but have a few questions.

    First of all, my mother has been paying her mortgage each month. But on July 6th, 2010 she received a ‘Notice Of Intent To Accelerate’ from BOA, stating her loan is in serious default and that she needed to pay $1805.58 on or by July 30th, 2010 or foreclosure proceedings could follow. The $1805.58 almost triples her monthly payment.

    I have been assisting her with BOA since August, as she can no longer deal with these…people. I didn’t learn about the ‘Notice Of Intent To Accelerate’ letter until last week.

    But since that letter, she recently received a letter and forms from BOA stating that they were concerned about foreclosure on the property and offered her forms for ‘In Deed Of Lieu’. She also began receiving calls and a letter from REDC Default Solutions regarding impending foreclosure and the option of ‘In Deed Of Lieu’. Let me remind you again, my mother’s loan was not in default, her payments were current.

    I tried to find out what the $1805.58 amount was for and kept getting the run around from BOA, transfered from department to department as usual, dropped calls, put on hold. After four hours of this I was told that the letter was a mistake, it was an error, that my mother should just forget about it.

    What if she had somehow come up with the $1805.58 or signed ‘In Deed Of Lieu’ paperwork out of fear that they were actually going to proceed with foreclosure even though she was current on all payments.

    They didn’t inform her of the mistake or error, they won’t say where they got the $1805.58 figure from. This reeks of extortion. It is like they were hoping she would some how come up with this extra amount of money or be frightened enough to give her house away.

    Anyway, we are still in limbo over her MHA application, we were just assigned another negotiator. But can you tell me if we have any legal recourse for the above? I understand no harm was done, but this to me was again, extortion. I would also like any advice or tips about dealing with the HAMP process with BOA. I hope you can help us out here or lead us in the right direction!

    Thank You!
    Tony Z

  58. anthony fike October 16, 2010 at 10:21 am #

    In 2005 i purchased a home in riverside ca. Whitin 9 mo.i found undisclosed damage in the home which caused health issues to a family member. A lawsuit insued, and my home was part of the evidence.My lender was countrywide and at first with the lawsuit they placed a forwbearance on my loans, and i paid less than half the monthly payment.When the lawsuit was in full swing 2006-2007, they applied a full forebearance.When BofA took over Countrywides mortgages, Bank of America foreclosed On my home which had been vacantsince Oct.of 2005 until it was auctioned off and sold in june of 2010. When Bank of America foreclosed my home was still in the lawsuit in Riverside Superior court under judge bernard swartz as part of the evidence. I did not use the word HONORABLE, because he LIED about a childs compromise, no compromise, no ruling. My ? is, is what BofA did legal.

    A. Fike 909-630-9009

  59. Brandie Wallace December 11, 2010 at 9:47 am #

    Hello-
    I am fighting the Bank that foreclosed on my property in 2008, the original Bank was IndyMac, then OneWest was trying to take my property, now I have Deutsche Bank trying to take my house. Deutsche Bank has filed a Corrective Deed Upon Sale on June 18, 2010, which is 18 months after foreclosure and after OneWest admitted to not having perfected title. Is there any law that I can use against them? All I have right now is that they are not in compliance with Civil Code 2924. Please help. Thank you.

    Brandie

  60. becky mcaughey December 25, 2010 at 7:14 am #

    Besides foeclosing on my home and selling it 2 weeeks before the date I was given in writing, to cure the default, (I had the money, and have proof), they did not credit 3 mos. of payments which I also have proof of. This began in 2009 and we were evicted March of 2010. No one can help please, anyone?

  61. Phil January 13, 2011 at 1:33 am #

    I need help! Today is 01/13/11 I have a sale date on 01/18/11. Is there anything I can do to stop it? Besides BK. My loan amount is 1.4M so I would have to file for Chapter 11 which is too expensive for me. I have exhausted most of my funds trying to save my home from Trustee Sale. I got scammed a couple of times.

  62. timothymccandless January 28, 2011 at 6:21 pm #

    Hello,
    I would like to thank you for all the information you have on your website. I was able to use one of your links to file my exparte application and complaint(not done very well, but without being able to use some of your information and templates, it would have been way worse)
    Anyway, I have had the exparte for TRO and Prelim continued twice due to a problem getting my proof of service returned to me on time. But as the first judge stated “on the merits of my case it appears I may prevail” . Then on the second hearing, the Judge did get a call after I had left the building from council L. Bowman who stated that they would be filing objection, but would not be foreclosuing on the property before the next hearing.
    I spent 2.5 year reading your site, and doing all that I could to get information from BAC/CW. And in Oct 2009 I received a “certified copy of a Note, a page with an endorsement in blank(looks nothing like the other pages) and a Hud-1, also included was a DT and application. Well, the Note with that strange looking paper, no way is it the back of the note, the DT and riders were missing all of my initials on the bottom of each page. The hud-1 was missing borrowers signatures and a forged escrow officers signature, and the app was also missing borrowers signature. So I sent a few more letters out, filed some complaints with the AG and I got another set of the same documents, and a letter from the mortgage fraud department of BofA..I sent a reply and low and behold, they recorded the second NOD on me. I did scrap of enough money to have a lawyer in Fresno look over the documents. She found 5 different applications, 3 hud-1’s 3 or 4 GFW/TIL all different. None of the letters from CW- BAC- bofA and recon trust match. The sub-trustee/assignment of DT recorded 2 weeks after the NOD list BONY Mellon that the DT is being assigned to. But I have the Blank Corporate Assignment that was to go into the mortgage loan file with the trustee…they gave it to me in the loan docs. And in 2005 BONY Mellon had not even merged yet. So I guess they just want to by non preforming loans??
    Anyway, I will be looking for more information on your site to help answer the banks objections. I know they will be able to knock me on my butt, but I have to at least try. When I thought it was me in the wrong back in 2007, I offered 2 short sales(even went into escrow), deed -in-lieu and was refused. Then CW offered a loan mod, sent me the forms but they stated in the letter that was because I had a stay due to my BK…I was not in BK, then they wanted my deceased husbands signature…they had the death cert. Then I started getting calls from council for Impac Funding (orig of loan) wanting information about my loan docs due to a lawsuit against impac in the state of WA where my docs were handled. That is went I began to think that something was really wrong with my docs…and thanks to your site I stayed on a mission(a lot of letters and complaints) to get information about my docs. I was just floored with I seen that note and DT….even on 4 different pages of the closing docs stated that they had to be initialed, and they were!
    Thanks again
    Oh…I not well written court case is in merced county CV001556..with the exhibits of those docs.

  63. Abby in CA February 24, 2011 at 11:59 am #

    what is the california law on ‘assignments in blank’ are not legal or allowed

    where can I find the law

  64. tjs April 21, 2011 at 3:58 am #

    MY PROPERTY IN FL HAS NEVER HAD A BANK LOAN ON IT WAS PAID CASH FOR ABOUT 50 YEARS AGO.WAS WILLED TO ME IN 2007.THE HOUSE NEXT DOOR TO MY PROPERTY WENT INTO FORECLOSURE THE BANK ALSO FORECLOSED ON MY PROPERTY TOO.I FOUND OUT ABOUT THE FORECLOSURE WHEN I HAD A BUYER FOR IT.LOST THE SALE BECAUSE OF BANKS WRONGFUL FORECLOSURE ON MY PROPERTY.BANK SAID WE MADE A MISTAKE.HERE I AM ONE YEAR LATER AND STILL HAVENT GOT MY PROPERTY BACK.BANK HAS IGNORED ALL PAPER WORK THAT HAS BEEN SENT.I AM NOW GOING TO FILE A MOTION TO INTERVENE ON THE HOUSE THAT IS IN FORECLOSURE.MY QUESTION TO YOU IS ISNT THE BANK LIABLE FOR THE LOST OF THE SALE OF MY PROPERTY AND WHAT IS A RESONABLE TIME IN FL FOR MY CASE TO BE HEARD.THANK YOU

  65. Kevin McKnelly July 14, 2011 at 5:36 pm #

    7/14/11: Friend of mine was given notice the other day that the house had been sold to Fannie Mae. The notice of Trustee sale was not posted on her property, and possibly no notice was given in paper. No trustee was assigned, only communication was from lender. Does client have any recourse at this point to delay being moved out because they didn’t play by the rules?

  66. Abby in CA July 18, 2011 at 10:10 am #

    Please sign this online petition- it only takes less than a minute:
    We need to get our State AG to investigate

    http://www.change.org/petitions/tell-ag-kamala-harris-to-investigate-get-an-injunction

    thanks

  67. laurie mendoza July 23, 2011 at 3:24 pm #

    DEAR MR. McCANDLESS,

    COULD YOU SHED SOME LIGHT ON POSITIVE EQUITY FORECLOSURE and MAYBE GIVE SOME SUGGESTIONS ON WHAT TO DO IN THIS KIND OF MATTER? DOES CALIFORNIA HAVE ANY KIND OF LAW REGARDING POSITIVE EQUITY FORECLOSURE? THIS WOULD HAVE NOT BEEN A TAX SALE. ON THE 1099A SENT TO ME BY THE BANK CLEARLY STATES THAT THE HOUSE IS WORTH MORE THAN THE UNPAID PRINCIPAL BALANCE OF THE MORTGAGE. THERE IS ABOUT $30,000.00 PROCEEDS FOLLOWING THE FORECLOSURE SALE.

    THANKYOU
    LAURIE MENDOZA
    ldmendoza2003@yahoo.com

  68. Abby in CA July 24, 2011 at 11:19 am #

    NEW CENTURY MORTGAGE, HOME123 CORPORATION– THEIR BANKRUPTCY TRUSTEE JUST FILED THE FINANCIAL STATEMENT IN DELAWARE FOR PERIOD ENDING JUNE 30, 2011. STILL 35 MILLION IN CASH

    SEE A LAWYER ABOUT FILING AN AP IN THEIR BKR IF YOU ARE A VICTIM OF THEIR PREDATORY OR FRAUDULENT LENDING

  69. Abby in CA July 24, 2011 at 11:21 am #

    TUESDAY’S AGENDA – NEW CENTURY MORTGAGE & HOME123 CORPORATION- FOR THEIR BANKRUPTCY IN DELAWARE FOR 7-26-2011

    SOME PRO SE’S UP THERE FIGHTING AND ONE IS SCHEDULED FOR ORAL ARGUMENTS

    http://www.scribd.com/doc/60728756/NEW-CENTURY-BANKRUPTCY-COURT-AGENDA-FOR-7-26-2011-SOME-PRO-SE-S-SCHEDULED-FOR-ORAL-ARGUMENTS

    SEE THERE ARE PRO SE’S UP THERE FIGHTING THESE COMPANIES IN BANKRUPTCY COURT

    SEVERAL PRO SE’S GOT $$ SETTLEMENTS BUT DISCOVERED NEW EVIDENCE SO ARE ATTEMPTING TO REOPEN THEIR CASES

    WAMU PEOPLE CAN DO SAME

  70. Abby in CA July 24, 2011 at 11:23 am #

    HERE IS A CALIFORNIA RECORDER’S MANUAL AND REFERENCE HANDBOOK- PROPERTY RECORDS ETC.

  71. laurie mendoza July 24, 2011 at 7:21 pm #

    TO ABBY IN CALIFORNIA:

    I JUST WANT TO SAY THANK YOU FOR THE CALIFORNIA RECORDERS INFO. GREAT STUFF.

    SINCERELY,
    LAURIE MENDOZA

  72. Abby in CA July 31, 2011 at 5:41 pm #

    BIG BIG WIN FOR CALIFORNIA PRO SE HOMEOWNER—-IT IS FOR PUBLICATION TOO!!

  73. Abby in CA July 31, 2011 at 5:44 pm #

    EMAIL ME AT CARRA2009@GMAIL.COM IF ANYONE WANTS A COPY OF
    THE UD JUDGES BENCH GUIDE FOR CA.

    PUT IN SUBJECT LINE ‘REQUEST FOR UD JUDGE BENCH GUIDE’

    COULD BE HELPFUL IF YOU ARE FIGHTING A UD OR UNLAWFUL DETAINER IN CALIF.
    (THAT IS EVICTION)

    IT DOES HAVE SOME IMPORTANT CASE CITATIONS IN IT. BEST IF YOU GET AN ATTORNEY. NO GUARANTEES ON USE OF GUIDE AS JUDGES MAKE THE DECISIONS.

  74. Abby in CA August 18, 2011 at 11:35 am #

    BREAKING NEWS AUG 18 2011–CALIFORNIA AG KAMALA HARRIS GOES AFTER LAWYERS AND LAW FIRMS- MASS JOINDER- TRO & ASSET FREEZE–SEE LIST OF NAMES AND FIRMS HERE. HER ANNOUNCEMENT JUST FINISHED. APPARENTLY HOMEOWNERS IN 17 STATES WERE TARGETED.

  75. Abby in CA August 18, 2011 at 11:37 am #

    HERE IS CALIFORNIA AG KAMALA HARRIS CONSUMER ALERT—PAY ATTENTION- AUG 2011

  76. Abby in CA August 18, 2011 at 11:38 am #

    PRESS RELEASE ISSUED BY KAMALA HARRIS THE STATE ATTORNEY GENERAL OF CALIFORNIA – AUG 18 2011 – RE THE LAWSUIT & TRO AGAINST CERTAIN LAWYERS AND LAW FIRMS

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