Been Evicted need a stay of execution till Fraud case against lender decided …?

Southern California (909)890-9192    in Northern California(925)957-9797

20090709-foreclosuredebt-clipartcomMany a client call me when its toooooo late however sometimes something can be done it would envolve an appeal and this application for a stay. Most likely you will have to pay the reasonable rental value till the case is decided. And … Yes we have had this motion granted. ex-parte-application-for-stay-of-judgment-or-unlawful-detainer3
When title to the property is still in dispute ie. the foreclosure was bad. They (the lender)did not comply with California civil code 2923.5 or 2923.6 or 2924. Or the didn’t possess the documents to foreclose ie. the original note. Or they did not possess a proper assignment 2932.5. at the unlawful detainer trial you will be ignored by the learned judge but if you file a Motion for Summary Judgmentevans sum ud
template notice of Motion for SJ
TEMPLATE Points and A for SJ Motion
templateDeclaration for SJ
TEMPLATEProposed Order on Motion for SJ
TEMPLATEStatement of Undisputed Facts
you can force the issue and if there is a case filed in the Unlimited jurisdiction Court the judge may be forced to consider title and or consolidate the case with the Unlimited Jurisdiction Case

2nd amended complaint (e) manuel
BAKER original complaint (b)
Countrywide Complaint Form
California stop foreclosure and get your own shortsale COMPLAINT
And in some cases an injunction is in order
Foreclosure injunction TRO
and a Lis Pendence


UD – Notice of Demurrer and Demurrer redact

Southern California (909)890-9192  in Northern California(925)957-9797

124 Responses to “Been Evicted need a stay of execution till Fraud case against lender decided …?”

  1. J at 12:42 pm #

    Dear Timothy:

    Here’s my situation.

    -According to my lender, my primary residene was “sold at auction on 1/20/09”.
    -Prior to that, I didn’t receive any recent notice of default nor notice of sale. I was supposedly in the modification process.
    -Anyway, on 1/23/09, a real estate agent was offering me money ($2000) to move out. I didn’t take the offer.
    -The following week, a “3-day” eviction notice was posted on my door and I received exact notices in my mail.
    – I called the LLC company who sent the eviction notice and told them I can’t move in 3 days. They said they understood and that it’ll take about 45-60 days for the process to continue before a sheriff would come out.
    – Went to the county recorder’s office and didn’t see any recordings of a sale on 1/20/09 for my property.
    – My house is already listed on the real estate agent’s site and it’s making me really anxious.

    Please advise me of my options. I want to fight the lender. I really don’t want to lose my home.

    Thank you in advance.

  2. J at 12:44 pm #


    I almost forgot. I’m a disabled veteran with an autistic child. My home loan was not a VA loan. If worst comes to worse, is there any way, with my now poor credit, I can buy back my property from the “new owners”.

    Thanks again.

    • Stanley Putra at 12:33 pm #

      I am in the same situation. Try to buy your home back with the VA loan It is easier if you do this before the fraudelent owners sell the house. Try a quiet title
      Try to get you VA disability raised. Hire a VA attorney.
      Did you know u can buy a 1 to 4 family apt building on you can have up to 4 houses on a single lot as long as you live in one?

  3. Pamela Zander at 6:34 pm #

    Timothy, the So. Calif. line is unreachable.
    I have a sale date of June 1. No substitution of trustee has been filed. UBS AG, my lender is under scrutiny of the FBI for Mortgage Fraud, Tax Fraud and Securities Fraud. I need a stay of execution. Have already typed the ex-parte and Injunciton. They have violated Respa, Tila, and did not allow me to use the notice of rescission at the start of the loan. This is a predatory lender at the worst. Violated Cov. code sec. 2923.5. Refused to talk to me by hanging up, yelled at me for asking for a statement after making a payment. Refused many, many phone calls. As soon as I filed a Notice of Non-compliance, they filed a NOD. Can’t find a lawyer who knows about all this. I am a Notary for Loan Specialist, Certified Loan Processor, Certified in Escrow II. A Forensic Audit has revealed a host of Federal Violations.

  4. Nancy Orozco at 7:30 am #

    Dear Mr. Hodges:

    I regret to inform you that we are unable to make the appointment today due to taking care of my 1 year grand-daughter as my 18 year old daughter is on her grad-night trip and also my grand-daughter falling last night and busting her lip and cheek.

    We apologize for any inconvenience of canceling the appointment may have caused on you as it was not my intention to cancel.

    We would like to thank you for taking the time to meet with us at a short notice but as you can see per our conversation that we are desperately in need of help.

    We would also ask if you would be so kind to still meet with us or if possible we can fax over the information the court had on file as we were not served with all the documents. Also, if I may ask you a question regarding the Writ of Execution and Notice to Vacate, which indicates that Judgement entered on 4/15/09 and served on us on 4/15/09 but according to the Court Trial Minute Order issued by the Judge on 4/9/09, which states “LOCKOUT STAY TO 4/23/09” yet Plaintiff served us with the Writ of Execution on 4/15/09.

    Can they do that?

    Once again we thank you for taking the time to speak with and would greatly appreciate it if you can assist us is stopping the eviction that is currently set to occur on 6/13/09.

    We can be reached at (559) 459-0783.

    Thank you so much.

    Jesus Silos & Nancy Orozco

  5. Abby at 10:02 pm #

    Easy to understand guide for post foreclosure & dealing with UD (unlawful detainer). Act Fast!

    • Scott American at 8:39 am #

      I went ahead and paid the $5.00 for this and was wondering did anybody else find errors in the document..
      Ie: is there 5 days to answer a U.D. or 1 day?
      Is it true that if there isnt a bid 2/3rds of appraised value the Auction has to be rescheduled? For the banks benefit only or the Owner’s?
      In my case 2/3> of the value would have been in my benefit because I had a large amount of equity, I want my property back anyways its just speculating..

      • timothymccandless at 5:46 pm #

        paid 5 dollars for what??? we do not charge for documents ???

  6. Abby in CA at 1:49 pm #

    Tim-unable to open the seconded amended complaint file. May be corrupted.

    • Michael P at 3:22 pm #

      Hi Abby.

      I have read quite a few of your comments and your house situation, and I believe somewhere you had a easy to read step by step process article…
      I am so confused by all of this and cant find that article and I have got to file something with the court tomorrow. If you could e-mail me that link I would be grateful thank you.

  7. Leslie Marks at 11:00 pm #

    Tim, regarding section 109(h)(3) – EXEMPTION to Consumer Credit Counseling Certification: I’ve read it and it appears to be a LIMITED EXEMPTION. In order to get this EXEMPTION you must file an emergency filing to prevent a harm – unlawful detainer, foreclosure or trustee sale. You MUST file a Declaration of Extigent Circumstances and a NOTICED MOTION regarding the Exemption. The court will determine if it will grant a permanent exemption. It is not clear if that Declaration must be filed at the time of filing or if you have 15 days to get that in. In any event, as an individual or joint debtor Credit Counselling IS required. Mental defect will get an EXCEPTION, however, it appears moot as the legal guardian should then be responsible to act on the debtor’s behalf. Please advise if my analysis is even remotely correct. Thank you so much. I wish I had all this info in 2006 when I filed my case. Thank you.

  8. Leslie Marks at 11:01 pm #

    It should be noted there is a difference between and EXCEPTION and an EXEMPTION. I’m going to bed!

    • timothymccandless at 6:17 am #

      I believe you are right. File the emergency then you have a few days to get the credit counseling certificate in or the case will be dismissed

      • Stanley Putra at 12:35 pm #

        Where can I send a recent ruling by the WI appealet CT?
        I can’t seem to find your email.

  9. Leslie Marks at 1:09 pm #

    Thank you Tim! Is there any way to get samples of your complaints and docs? ?They appear encoded from the website. I have a unique situation I think because New Century transferred my property to OCWEN on the same day it filed chapter 11, while in active litigation with me in Fed court. I sued Ocwen. Judge determined that I had to sue New Century not Ocwen, so I am in Delaware in an adversary in the Bk court feeling like an inmate who keeps droppin the soap. (You feel me on that?) In the meantime, I filed chapter 13 locally and filed an adversary against OCWEN (and now I think I have to include DB STRUCTRED Products whom OCWEN transferred the property to and claimn is the mortgage holder. – BUT I am alleging that the initial transfer to Ocwen was MOOT so subsequent transfers invalid. Hard work – I so respect attorneys!) I have a lis pendens on my property, not in foreclosure but why wait till foreclosure? I want to wrap this up asap. Any docs you think I should review please email directly to me at or Thank you so much for this great site. I have shared with many others. Leslie Marks

    • timothymccandless at 7:10 am #

      they are in Word or PDF that is the best i can do maybe you have word 2003

      • Leslie Marks at 8:57 am #

        I do have word 2003 and Adobe Pro and I can’t open the links at all! Can you repost, possibly?

  10. Abby in CA at 5:33 pm #

    Leslie-HI, I am New Century victim too. I have had several hearings in Judge carey’s courtroom (via telephonic as I am in CA) in Delaware. Not having much success. Two weeks ago I did a Motion to Lift Stay on New Century to see if I could proceed with discovery as I did name New Century in my CA complaint.
    NO WAY. I have something which might be helpful to you. What steps did you have to take to do the adversary proceeding in NCM BKR 11? Did you file a proof of claim. They claim to have lost mine. So, I have to refile and then
    do a motion with judge carey to see if he will accept a late claim.

    I also was on the court phone and Mr. Pierre Augustin had hearing prior to mine with judge carey. He also is a NCM victim. Pierre is a very sharp pro se gentleman. Anyways, he has an adversary proc. against NCM in carey’s court.

    He and I have been emailing as we are dealing with mostly same players.
    NCM, Deutsche Bank and Chase.

    email me I have some information which might help you a great deal.

    • Leslie Marks at 9:03 am #

      Abby, I would NOT refile a claim. They would have to FIND the original claim submitted or AGREE to allow it to STAND! They “lost” it so I don’t have a claim? And now the Court has GRANTED them the right to OBJECT to that claim when you file it??? What a crock! New Century is so funky you can smell the smog in California from Delaware!

      Were you at the hearing where Judge Carrey said that New Century’s plan was Rejected but they are proceeding like it was approved? Unbelieveable! I thought I was listening to an episode of Boston Legal or some such comedy!

      I believe I was appearing telephonically on the same day as You and Mr. Augustin. I have New Century and Ocwen. Check your

  11. Leslie Marks at 8:08 am #

    Abby I will contact you shortly via email! THANK YOU! I have some ideas for us as well…

  12. Abby in CA at 9:02 am #

    Tim & Leslie–I have trouble only with the first file…2nd amended complaint 9e) manual

    I get messages that the file is corrupted.

    The other open fine.

    • Leslie Marks at 9:05 am #

      Check your email. Let me see if I can open the Second Amended Complaint, I don’t think I could. I tried to download and review all of Tim’s documents, I will do this while you are checking your gmail account. Where are U in California?

  13. Leslie Marks at 9:19 am #

    Abby and Tim: To successfully get a copy of the documents on this site, do not open them. Download and save to your desktop, I have gotten each and every document this way. Sorry Tim, there is no need to reload the docs. (I just had a cup of coffee, which is my spinich…like popeye!) LOL

  14. Leslie Marks at 9:56 am #

    Tim How do I upload my picture?

  15. Dan in Oregon at 8:36 pm #

    I’m under water on my home, and need a good lawyer in Oregon that total under stands on how to work with B.O.A. They are trying to give me a loan modification and its worst then ever . I had a Countrywide loan 1st and 2nd. which is now, B.O.A.. Do you no of any lawyers in Oregon, or can any lawyer from any state work with us. They just need to under stands how CountryWide screwed up and is willing to work with us. My time is short. Thank You

    • timothymccandless at 6:20 am #

      See my post “Lawyers that Get It” the is a list of 150 lawyers who defended foreclosures.

  16. Abby in CA at 6:02 pm #

    why do some banks say that in California it is not important to produce the original note?

    is there something unique to California law?

  17. Dan at 3:40 pm #

    Tim, I looked up the lawyers in Oregon, that are on you list. We went and talked to one, he doesn’t ” GET IT ” I called the 2nd lawyer, and asked him about Neil Garfields programs, He doesn’t “GET IT”. He says he will not get involved. So I called the 3rd lawyer. His phone is disconneted. I think you need to take this guys off of your list. Question, Can a lawyer from a differant state Help us? My time is very short, looking for some one that will help us as soon as possible. Do you no any lawyer that you could personally recommend?

  18. Dan in Oregon at 2:30 pm #

    I went and talked to 1 lawyer that was on you list, called the 2nd lawyer, and they don’ get it and don’t want any thing to do with it. Called the 3rd lawyer and his phone was disconnected. Why would this lawyer even be on the list? Do you personal know of any lawyer in this state that will work with us. I know we have a good case, we just need the right connections. Can he be from a differant state?

  19. Liz in Cal at 6:42 pm #

    I just received a modification from AHMSI (my attorney states it is great and the best they can do.
    It is a 2% step program ; our loan is 629K and they are capitalizing 51K at the end of loan so our new loan amount is 680K (all numbers approx). Our new payment would be 3324.90 starting in Dec. Wow now that is going to kill us. Some help is what I say. The attorney is asking for 2400 for the modification. Do I have a right to decline the moficiation?
    Will show me the note be valid procedure in CA and should I send request to AHMSI?
    Do I have a right to request all communication between the attorney and Ahmsi; on our behalf
    Please help, getting so stressed and sick; we are short sale our other property because they said they would not work with us with 2 properties. That file has been closed 3 times and it will be a year since starting the process. We had multiple offers and the current one is a cash offer. DISGUSTED IN CA.. We really want to keep our home.

  20. Liz in Cal at 6:46 pm #

    Oh I am sorry I currently did a estimate on and it stated our home is worth 497,500 the site said to subtract 59K (this is how much it cost the lender to foreclose) so our home is 438,500 which is in the right ballpark of what some houses are going for, some even less. Can I ask and request the mortgage company to modify at that rate? According to Civil code 29236 it states they should be working with us. why don’t I see it.

  21. Abby in CA at 3:27 pm #

    Liz in CA
    did you call Tim McCandless and talk to him?

    find his number on here.

    I think he has had many good experiences negotiating the lender to come down on the loan amount (remember, the loansters created an artificially over appraisal). Your loan amount is going up.

    Nevertheless, I’d call and talk to Tim McCandless.
    Of course, I do not know a thing about your current attorney etc.

    Have you gone onto LivingLies weblog and read any postings. It also was started by an attorney…but it is a huge site with over 1.3 million visitors now.

  22. Liz in Cal at 3:31 pm #

    Abby thanks so much I have been searching and searching and coming us with so many sites regarding this and I am overwhelmed. I will call and see if he can help. Thanks

  23. Andy in CA at 10:56 pm #

    Hello Timothy,

    Please give me your advice on my situation. My homeowners association, filed a lien, trustee sale, and an auction date for 9,200.00 It did not sell. When a notice was placed on my door, I had a tenant in the unit. The tenant stopped paying me the rent. I requested that he move so I could do a short sale. He said he wouldn’t move cause it was no longer my property. I wrote a hardship letter requesting an extension. It was denied. I offered a settlement, that was denied. I had personal belongings in the property that I allowed the tenant to use. Before my 90 day period was over to reclaim the property, I wanted to retrieve my belongings. The association told the tenant he would be liable to replace anything that was taken. I was told by HOA that my belongings were abandoned. They were never abandoned. The tenant did not pay me any rent but pays the Association to live there. The locks were changed. I don’t know if the tenant or the association changed the locks. I was locked out but my name is still on title. I was advised to file bankrupty to stop HOA from taking the property after the 90 day period. I filed bankruptcy, chapter 7. HOA then let me inside to retrieve my belongings. The bank has began sending me mortgage statements, it’s in foreclosure as well. I’ve been told the bank cannot interfere w/the homeowners association and I need to settle w/the association, then deal w/the bank to try to modify my loan. The tenant is still living there, it’s been over a year. He has developed a relationship with the HOA. I’ve been advised that being the HOA did not properly serve me with an eviction or notify me of locks being changed, that it is unlawful in California. I don’t know if HOA or the tenant changed the lock. I feel like I don’t have any say-so with this matter with the HOA being involved. Secondly, I don’t live there. Do I have any rights as the “title owner?” I’ve heard I have rights to the property, if so, what are they ? The tenant knows exactly what he’s doing, which is why he’s still there. Is this true ? I’ve been told to “fight” to get my house back what are my recourses? I’ve been advised to write a complain to the state attorney general. What will that do? Is the only way to get the property back it to pay the $9000, if I had it, then give the tenant a notice. It seems the HOA has superceded the bank and they are in total control. What legal rights does the tenant have although I’m on title. Please give me clarity through all the confusion. Thank you Tim

  24. Vilma Battad at 10:13 am #

    By the way, almost forgot, if my house was bought by third party, is that third party subject to litigation as well and is what is the difference of filing California RESPA and Federal RESPA, pls. advice…urgently needed.

  25. Linda at 3:24 pm #

    Could you please email me any information regarding Deutsche Bank and DOCX out of Alpharetta Georgia– I am building my case and thank you in advance for any and all info–

  26. MARIO KENNY at 12:38 am #

    I like this lawyer, he seems to have what it takes I remember him from the early days on Neil`s blog. I hope you homeowners from CA hire this dude to fight for you. Great site or blog keep up the good work Sir.

  27. Roland Butch Bordon at 11:42 am #

    I would like to get some updates on foreclosure defense, also with possible clients in California


    Roland Butch Bordon

  28. Angela at 9:31 am #

    Hello Tim,
    What your contact number? I have a really urgent need to stop a sale at 10AM today. I will like to retain you. Please give me your contact number. Thanks & Have a Great Day!

  29. jane at 12:43 pm #

    If a home in los angeles county is in foreclosure, with an nod already filed along with a substition of trustee, does the trustee company have to refile a new substitution reflecting the new beneficiary if the beneficary has changed? My understanding is that the original sub of trustee is now incorrect since the bene’s have changed in mid foreclosure. Please share your thoughts on this. Thank you

    • JM at 4:53 am #

      Wonder: would filing a Revocation of Power of Attorney, which was given to “Lender” and subsequent “Holders” when you executed your Deed of Trust, then Substitution of [your own] Trustee, work?

  30. Paul Buerer at 9:51 am #

    I have been looking for someone who gets it! We have a nice home in Modesto, we left several years ago and moved to Sunnyside,Wa to be close to family. We made the fatal mistake of not asking for enough money. We had a BofA loan at about 120k – borrowed 355K to payoff the first, and pay cash for the WA property. We are now probably about to go into foreclosure in Modesto – the bank has just drained us of cash, plus the mkt in Modesto has been bad. My wife and I own the property jointly, and have been told that I need to move back into the property for the next 2 years, to avoid a taxable event – either a sale, foreclosure, or short sale. It is more complicated than that, but you get the idea, We requested $$ to do floor coverings, no way – so we have a property which is not marketable,nor rentable,or livable right now. Like I said, we have very little cash left – 2 yr forebearance – possible?
    Paul Buerer

    • Angela at 10:43 am #

      Hello Paul,

      There are options depending on what stage of the foreclosure, what you really want to do with the home, the current difficulty you’re facing, some clarification on the things going on with the property etc.

      How can I reach you?


  31. MARIO KENNY at 9:37 am #

    Dear Timothy:

    I am going to SO CA to help my 75 year old lady friend to save her home of 45 years, I know I will be needing your help to stop the bankster, she is not in arrears.

    You are the only lawyer I would trust in this, but gosh you must be too busy. I live in Miami at present, but I have followed your development for the past few years and I think you are the man, as a matter of fact I know you are the man for this.

    No doubt that CA has powerful lawyers, considering the size of the plunder perpetrated thus far but I do not know anyone else nor do I trust anyone else.

    I will be calling you when I get there, end of January. Happy New Year
    Mario Kenny

  32. Denise at 8:50 pm #

    Dear Timothy, between your site and Neil’s it is has given me the strength to keep fighting, well it seems I am dead in the water. My husband and I are small business owners hanging on by a thread. I wanted to ask if you might be interested in taking on our case against Countrywide and all the worker bees. I have had a forensic Audit and this has produced what only states the obvious. The home was sold back to B of NY on 10/2/2007 with claims of abandonment in order to cancel the Homestead that I put on this house in 2005. The broker had lied as to his correct affiliation and he had no current license until 2007 so this adds to the weight of his fraudulent connection with Countrywide as he took our information over the phone with almost lightening speed approval, He could not have possibly found us the right lender as he went no further than That’s right Countrywide. I did not discover that had it not been for Neil and you.I would have not know the true gravity of this crime had I not been for this information THANK YOU. But i have no doubt a slam dunk case but really need a slam dunk Attorney. I am in San Bernardino county Hesperia California and right now things are not moving as I have no idea if we had gone to Federal Court or not ,as when the Attorney went south and started to demand money for retainer(which) I have no problem with, but there not Trial lawyers. we are to pay everything gas, filings and fork over 45% if we win. instead of making us go to ULD and lose,then telling us to hide from the sheriff when they come, so my husband when out takes to the key guy and we got another 5 days. But the attorney take to them and I am not sure what was said,but next we were going to file a TRO in order to have this case heard. sending another Attorney at the last minute only to “lose” the TRO, and and just minutes until sheriff evict#2, the attorney office calls and says you don’t have to move? without anything to back this reason we were told they want to settle out of court. without any documentation I don’t know what to do.We are still in the house and we need help. we did everything that was expected we did learn a hard lesson and now is its pay back time. Also I would really like to see this move back into the present and make this a reactive crime. They lied and hurt a lot of people not to mention broke the Law. I really hope this is understandable, I have gotten seriousely ill and depressed I’m already disable with many heath conditions. thanks Oh and we were also taken by foreclosure scammer.

  33. jerry verducci at 12:22 pm #

    Mike; Great work. Its been very helpfull in understanding what these guys are trying to do. I am dealing with Wells Fargo and Ist American Loanstar Trustee. When I first saw smoke, I did the ‘ right to cancel’. Upon no response, did the’ quite claim’ and have repeatedly asked for ‘ the note’. The forclosure sale is in 1 month and has been put off once already. I have filed a claim(San Mateo, cal) and have sent claim to WF. Received their Demurr and am preparing a response in due time. Its set for feb22. However, the next sale is scheduled for feb8th. Went in for an Ex parte and they treated me like crap. I was intercepted by a court researcher clerk running interference for the judge, who literally told me i had no chance but a allowed the WF attorney present to ask me if I would put a bond for amt. owing. I said ‘ not at this time’ because accepting it would have admitted to their claim. I blew it sorta by not challenging the validity of the court and the attorney present. Won’t make that mistake next time. However……this is killing me mentally phyically and I have had cancer once allready. I will fight for what I believe in to the max, and do it myself if necessary. Can you recommend a stalwart attorney in my area ( San Mateo-ca) who will not userp my intentions and rights and who isn’t afraid of the system? Since we are in Admiralty Jurisdiction, or, a court of contract, I firmly believe that nothing but the original wet copy will suffice. Accepting defeat now would still mean paying taxs and who knows where/when and by whom the original note will surface demanding their payoff. Please help Obewan, your my only hope. Much obliged. jerry v

  34. jerry verducci at 12:32 pm #

    ps. also, since I saw no recent recordings on my property, I decided to lease(encumber) the home to my daughter. I did this with a 5 year lease, paid in full with a , yes, u guessed it, Promissory Note, Paid in full with ‘silver coin’. This I feel has been my only ace in the hole. Also, about 3 weeks ago, I answered to their modification calls, but when I told them that I too would be recording the call, i was told ” sorry fella, can’t resume with the call if your going to record it”, I replied, “what ever happened to the goose and the gander”?!!! Sure could use professional help.jerry v

  35. Phil Latour at 2:00 am #

    I would like to know if you do Mortgage audits? if not, can you refer
    one in the Los Angeles area. I think I got a major Predatory case against BofA, the violation involves the TILA and fraud.
    Phil Latour

    • Denise at 2:42 am #

      I hope this is helpful…Patrick Pulatie 925-522-0371,

  36. Drew at 7:02 pm #

    Hey Tim

    Any Sample Quiet Titles with Lis Pendence for CA

  37. Michael Fulton at 9:32 am #

    Is there room for a class action suit for the MERS and securitize mortgage fraud?

    I am approaching a foreclouser situation (currently in negotiation on a short sale). I received a “smoking gun” letter from US Bank when I tried to modify the motgage last year. They said that they don’t own the mortgage because it had been securitized, and they could not modify the loan. If they don’t own the mortgage, then how could they have the right to foreclouse?

    If you are interested, I can send a copy of the letter.


  38. david at 10:37 pm #

    I don’t understand why the claim that a lender has violated the California Foreclosure Prevention Act is included in the lawsuit templates alleging that the plaintiff was entitled to a 6 month period between the Notice of Default and the Notice of Sale when we know that the law gave exemptions to all the loan servicers immediately after the law passed.

    Does the Pro Se litigant make allegations when he knows the defendant is legally exempt?

    • timothymccandless at 5:47 am #

      If the particular lender is exept don’t make the allegation but no lender is exempt from cc 2923.5 or cc 2932.5

      • Barbara at 9:41 pm #

        Click to access 0.pdf

        Court in this case says 2923.5 only applies to mortgages and not deed of trust. What do you think? Do you have any other cases to refute this? Thanks

      • timothymccandless at 7:16 am #

        a mortgage is a deed of trust that’s what i think also if you read the code it also says encumbrance

        2932.5 Where a power to sell real property is given to a
        mortgagee, or other encumbrancer, in an instrument intended to secure
        the payment of money, the power
        is part of the security and vests in
        any person who by assignment becomes entitled to payment of the
        money secured by the instrument. The power of sale may be exercised
        by the assignee if the assignment is duly acknowledged and recorded.

  39. Connie at 1:23 pm #

    Timothy, would you tell us want this bill would mean to Borrowers and Homeowners. This Bill was introduce on 2/8/10 . Please let US(CA) know. You explain MERSinc very well.

  40. Lily of CA at 10:42 am #

    I was at my wit’s end when I learned on 2/2/10 that my home will be foreclosed and put on sale on March 1, after my loan modification was denied. I found out eventually that the loan modification process was botched and I really didn’t stand a chance. Then I learned of Tim McCandless Law Firm and I desperately wanted his firm to take my case…which they did after evaluating my dire situation.
    They are very good. Before they even considered my case, they studied it in detail and immediately told me how they intend to go about saving my home, what process they will take to ensure that goal, and to stay with me until my HOME IS “SAFE” FORM ANY THREATS OF FORECLOSURE AND SALE. That is what really impressed me and I thanked God for leading me to people with integrity, care and concern for the downtrodden. They beat the March 1 deadline and I am still in my home and we are still continuing the process of saving my home.

  41. Paul Buerer at 4:17 pm #

    Angela on 1/1/10 – this is Paul – I have talked to several people in Tim’s office. A NOD was filed in mid December – have spoken to loss mitigation several times in the last week – they want me to put together a modification request – they say it is not too late. Sale date is Apr 7……..We have been seriously hurt financially – perhaps terminally. Paul

  42. MARIO KENNY at 5:22 pm #

    Why would they give a MOD when they can make more money selling the thing at the court and collecting the swap? I would get a good lawyer and fight them to the end

  43. Nicholle Cox at 2:50 pm #

    I was served NOD recorded on 12/11/08 on 1/7/09 filed ch13BK but BK mill botched the case and we were dismissed in 10/09. On 11/10/09 a woman showed up on my doorstep saying that she worked for the agent who bought it at the foreclosure auction the day before. I was shocked to say the least. Then on 11/13/09 we were served a 3day notice to quit the premises. The UD was filed by Deutsche on 11/20/09 and I answered with the affirmative defense that they did not perfect the title. I requested the jury trial which was set for 3/8/10. When I got there, the presiding judge kindly heard me out about the violation of 2923.5(b) & 2932.5 which should have dismissed the case. But he didn’t have the time to devote to it so he sent us to dept 13 where the judge absolutely refused to hear it. He told me I didn’t have a chance at winning because he wouldn’t allow me to bring up the title in a UD action. I had to have a local real estate attorney with 45 years experience in our area come to just argue the motions to have the limited issues surrounding the title heard. The judge was adement about not allowing it. We all argued in chambers for over an hour about it because he didn’t even know what 1161a said about the right to a limited review of title in the case of former owners being foreclosed on. He pulled out his book to look it up but it was too lengthy he said to read it at the moment. I had to settle for 90days to refinance or move out. Now I’m working on the complaint against all of them. Can you help me????? Sacramento, CA

  44. Deby at 11:57 am #

    Are there any grounds – constitutional, federal, etc. – that we can begin to use to force sheriff’s departments to get out of the business of evictions/sales – they are public employees – if they participate in these events and they end up being illegal – then wouldn’t that make the sheriff’s dept involved with the illegal real estate activities? I don’t believe these deputies all across America want to do what they are forced to do; don’t we as citizens come first before corporate/banking entities – it seems to me if you really want to clog the works, you stop somehow the sheriff’s departments from being involved in the first place – there’s an achille’s heel to foreclosure problems – it’s take years for the banksters to figure out how else to get their foreclosures executed, etc. If there is no one to handle the execution!

  45. Connie at 2:04 pm #


    Would it possible if you could show us how to VOID THE TRUSTEE
    SALE/FORECLOSURE because the Servicers didnot comply with the new CA Law SBX8 38? Since you are receiving such praise, how about a sample templete, maybe put it on $CRIBD.COM for your bloggers. It is my feeling, that this can eliminate a lot of stress. Once the Servicers/Trustees are aware that they are being sued for a min. of $10,000.00 in damages plus a voided sale, this could grab their attention. (I often wondered, are the Servicers giving the Original Lender their part of the monies that they are collecting). Homeowners/Borrowers are hurting!!! Attorneys need to step-up to the plate and start Hitting for us. We are bleeding, because we are broke from Modifications, that’s a joke!! Short Sales, well, that’s for SNL. Mortgage Fraud is rampant and the Courts are branding UD Pro Se’s like cattle and kickin us in the @#$%$. If we can just get pass that AWFUL DETAINER COURT (smile) Everything is so routine for the Courts because there is nothing NEW, well there is, The Governor signed it. You are the only Attorney in CA, as for as I am concerned, that knows this process and will challenge the Court on behalf of your clients. Something diffrent in the air, the above mentioned law. California Legislature is finally “Getting It”. As you responded: “It would appear that the new law would make clear that the borrower would have a cause of action to void the sale and collect damages. It is my opinion that existing 2923.5 does this but this clarification would be good for borrowers” Well, We all have causes of actions. Not one of these Servicers/Trustees has or will comply to this LAW and will not, because they donnot have authorization to do so. BFP perfected title never happen. LET’S FACE IT!


  46. Leon Miles at 12:55 am #

    Hi Tim,

    We attended Neil’s Expert Witness workshop together. I am the third name down on the name list we all signed and I was the one sitting across the room from you at the first table recording the workshop. I was sitting to the right of Steve and Michael. I was wondering if you have a TRO/OSC that you could share with me, I need to prepare one and do not have a sample for the formatting. I have a foreclosure sale that I stopped last Friday, but the sale is reset for this Friday and I want to file for a TRO on the grounds the true Creditor is not the one that is being named the defendant in the TRO. To support that the def. is the Creditor they will have to overcome the issue that a Creditor cannot foreclose once the NOTE has been Securitized or the def. has filed false REMIC and SEC reports and is in direct violation of T26 §§§1, 860-865. You can contact me at 1-951-332-0270 or send all documents to Thank you for your time Tim concerning this issue. Sincerely, Leon PS. “Please do not publish this e-mail”

  47. Leon Miles at 1:07 am #

    Hi Tim,

    Found what I needed. Would like to know what your hourly fee is? We should chat soon.

    Sincerely, Leon

  48. David Hayes at 10:12 am #

    I was with the Affinity mortgage company. How do I e-mail you about other matters.


  49. Maria L Zamora at 11:11 pm #

    Hello Tim, thank you for all of the excellent info on your blog. I want to know if you can represent me. I am beign evicted on 4-14-2010. The end lender foreclosed on me after I paid 7,000.00 out of the 7200.00 that I was behind the lender that foreclosed is where I had my 2nd mortgage.the home was auctioned and the lender purchased it for 50,000.00 and my home is valued at 350,000.00 its odd that no one bidded on my home and it was purchased for 50,000.oo. The home is located in san jose calif. I need to file bankruptcy, can you please represent me. My phone 408-726-4788.

  50. Mark-Everett:Gray at 12:53 pm #

    Hi we are experiencing the intentional infliction of emotional distress from non judicial foreclosure proceedings. It was an alleged loan given out by AMERICAN MORTGAGE NETWORK INC a Delaware corp as FIRST AMERICAN TITLE INSURANCE as 1st trustee and MERS as a nominee and then CHASE HOME FINANCE picked up the loan and got a substitute trustee to have the auction on the court house steps we got a notice of this taped to our door the notice said they would sell on the 23 of february 2010 and so we started sending in a bona fide Administrative commercial claim because we were doing our duty to exhaust our administartive remedy first the claim was loaded even with a promissory note with 20% interest added to the alledged amount owed we gave them a commercial affidavit of truth and the whole time they never answered to the questions reguarding counterfeit securities and the contarct and if we had a contract and to produce the bilateral contract etc…. the whole time we did the process giving them 10 days to answer the first part and additional 3 days for the rest and another 10 to answer to the protest witch included and estoppel they never answered but said it was of no effect they. going back to the sale proceedings we created a clouded title sign and a non abandonment with a fee for entery on property of anyone they never had the sale on the 23 and they never posted the sale and the next day they sent us via fed ex a packet with deed of trust and a few other presentments that were attorney figures and the amount of the house and a section saying that the sale date was the 26 of february and then down below a date sayin the auction would be held on March 26 2010 and so we geared up for that everything that was sent would be sent back with accepted for value on it anyways we filed ch 13 bankrupsy on the 24 of march cause there was no let off from these predators so we could get a quiet title action in and the next day a paper was sent saying that they wanted to motion for lift of saty and to do forceable entry in the event that the stay is lifted the home they say was alledgedly sold to freddie mac on the 26th of february with out notice of the sale date while all along we were going by the date that they put on then same document saying the sale would be on march 26 2010 we just need releif or someone that might give us some information that could put a kibosh on this evil wickedness we know they use conversion on the notes by stamping them with pay to the order of as it would be a money order because you just created the credit

  51. Mark-Everett:Gray at 1:34 pm #

    I failed to mention that we motioned for an extention of time on the ch13 and they sent a motion to lift and were working and are running out of time to object to their motion to lift and we want to put a quiet title in but i am stumped i have exhausted my know about what to fill in on the quiet title there are points that i dont know can you give me anyone who could give me basics or help me some way to get this and the objection from stay done we have until the 20th to put in the objection to lift stay but its gots some issues can you help thanks

  52. Denise at 5:44 pm #

    Dear Tim,I am dealing with three different law firms. one is handling the Civil,the other is retained for the UD matter, and the third for the current civil matter. we have never received anything from the lawyer we retained back in 02/09 the son has made repeated and reckless and destructive decisions that have caused extreme stress,causing us to be completely unaware of that another eviction was on the way. When we contacted them we had placed several calls with no response until few days ago. My husband had no better luck with getting a decent answer as to the lack communication along with the badgering of money. we have been lied to and bullied as to the true facts of what they were doing with this case. I will be filling a complaint with the Bar as to the treatment and what unprofessional way we were left hanging with no legal representation, we were not even sent a letter of dismissal, We were told that a retainer of 3200. and it changed to 3200.00 all expenses and 40% contingency, I feel as if they are working for Countrywide money! money! we have given most of there retainer but have ta Well at this point I am so exhausted and disabled living in chronic pain I am feeling very defeated. If there is any hope for damage control we have a 6am eviction wake up call, I would appreciate the help. thank you and we wish the best for everyone. a huge thank you to Tim for all you have done. Denise in Calif

  53. Abby at 6:23 pm #

    I am not sure what day is your 6am eviction. But…if it is not over the weekend or on monday….you may have a bit of a chance to buy more time in the home.

    Go to your county clerk and see if you can apply (& you have to pay daily rent) for the extension. I had a friend who did this several times and was able to stay in the home for 45 days more. I don’t know all the particulars, but you have to have the cash to pay. Try to pay ahead for a good length of time.

    Also, realize that you can file an appeal, but an attorney has to hurry to do this. I have no knowledge of your case or the date the writ was issued…probably several weeks ago. It might be that the time for an appeal has been missed, but you need to talk to an attorney asap.

    Can you call Tim? He is one of the best for these situations. Last number I had for him 760-951-3663

    Also, I believe he now has an office in Martinez CA.

    ps – I am not an attorney but am relaying what I did in my UD. I filed my major Fraud, TILA, predatory lending case in Sup Ct of Ca. Next, I did a Motion to Consolidate the UD with the Fraud case and the UD judge did that.
    So, no further UD until fraud case is finished.

    Always consult a competent attorney.

  54. Mawarku at 5:53 am #

    Good morning Tim;

    Are you still taking any potential clients for helping with foreclosures? Our bank is Bank of America dba Countrywide. Both loans are NINA with negative ARM. Both houses are in foreclosures with 50% depreciation. I tried to do my own loan modification for over a year and it does not go anywhere. Can your company help? How can I contact you? I had tried calling the number listed and I can’t get through. Thank you.

  55. Abby in CA at 7:21 am #

    try this:

    Tim McCandless Law Office
    Address 820 Main St
    Martinez, CA 94553

    Phone Number (925) 957-9797
    Fax Number (925) 957-9799

  56. Mawarku at 12:37 pm #

    Dear Abby;

    Thank you for your information. Where are you in CA?

    Blessing always!! Keep up with the GREAT fight for American homeowners

  57. Nicholle Cox at 10:12 am #

    I’m completely distraught!!! I just returned from the courthouse for an ex pate hearing to try and get a stay of judgment for possession of our home that has been in the family over 40yrs. Deutsche Bank retained McCarthy & Holthus from San Diego but they sent a local lawyer named Terry Brewer. She didn’t even have a copy of the moving papers that I had sent to M&H. Once again the judge didn’t want to hear it cuz he said it was too late to consolidate and he said that i had the wrong papers for a stay of judgment. I used the one I got from this site but made necessary changes.

    My question is this, If I filed the wrong papers, what are the right papers to file??? I’m supposed to be out June 9th.

    Anybody who can help, please reply. I’m desperate!!!

  58. Connie at 11:49 am #



  59. Horace Friend at 11:56 pm #

    How do I join your class action against MERS, Aurora, and Cal-Western in CA? Please send answer to my email.

  60. max at 5:09 pm #

    Could you suggest or send me the link to obtain a lawyer in Boston that can understand, handle and FIGHT the FIGHT for me to keep my home?

  61. Dave at 3:14 pm #

    My loan is with Bank of America and my home is scheduled to be sold on the 8th. A modification has been submitted, and per the underwriter it is scheduled to be completed on the 19th! The Bank does not want to extend the sale date per my last conversation with them.

    Should the sale go through on the 8th, do I really have 3 days to leave? It was my understanding it would be longer than three days.

    How do I make them from continuing with the sale date or at least move it to accomidate the Modification?

  62. Abby in CA at 4:45 pm #

    Dave–I don’t know what state you are in. If in Calif. once the trustee’s sale is completed they will post a 3 Day Notice to Quit on your property.

    Disclaimer: I am not an attorney nor offering legal services or advice.

    This is what happened to me: i found 3 day notice to quit scotch taped to my front door. i did not move. Next, a process server was trying to serve me with Unlawful Detainer lawsuit (eviction lawsuit). If you are served the papers you only have 5 days to ‘answer’ and by answer, I mean go to courthouse and file a legal paper (check your county court website and there may be a form ‘answer’. If you DO NOT do the answer in 5 days, a writ will be issued and then, typically 5-10 days later you will be evicted.

    You should try to get an attorney right now!! If you want to talk to TIM, you should find his phone number and get going.

    DO NOT wait. It is far better to prevent the foreclosure.

    Have you considered filing a bankrupcty case? If done prior to foreclosure sale that will stop everything (depending on type of bankrupcty–if Chpt 7, then stop foreclosure maybe 3-4 months)…so call up a bankruptcy attorney right now too and learn about it!!

    In bankruptcy the lender (BofA) might be more willing to re-negotiate with you on your loan or complete the mod.

    Always consult a competent attorney. You need to act fast!! Do not trust BofA and the dates. They want your house.

  63. Mawarku at 7:38 am #


    Are you able to negotiate with your bank ? Is Tim representing you? Is there any class action lawsuit on MERS’s loans? I heard the news is that NV has a class action against MERS.

  64. Abby in CA at 8:24 am #

    Mawarku-suggest you go to LivingLies Weblog and start reading. You will find the Nevada case posted there and also it is in scribD.

    I’ve spoken to Tim prior, and he is helpful. I am pro se. You would need to call his office for his retainer and his ongoing fees.

    I think you will learn from LivingLies that many, many have tried negotiation with banks and to no avail or with minimal relief. Be careful, and again I do not know your facts, who your loan originator was etc., but sometimes when you do a loan mod…you will relinquish all future rights to sue for fraud, TILA violations etc.

    I did not have any resources nor even was aware that my loan originator Home123 Corp (New Century) was a predatory lender and had committed fraud upon me….I did not know about LivingLies….I did not believe I had any recourse from foreclosure—-SO—my home was sold at a trustee sale in the summer of 2008–HOWEVER, once I saw the 3 Day Notice to Quit scotch taped to my front door, I decided I would see what I might be able to do… has been a constant learning curve.

    I am STILL in my home!! I fought off the Unlawful Detainer, filed a fraud-TILA-predatory lending complaint in Calif. Superior Court and am still in litigation.

    If you do not retain an attorney, you can pretty much make it your full time job—defending your home.

    DISCLAIMER: I am not an attorney and not offering legal advice or services. Always consult a competent attorney.

    You can also read my posts in LivingLies–they go way back.

    And here is a guide:

  65. Mawarku at 1:20 pm #


    Thank you so much for your reply. I just starting to read and digest the foreclosure defense area. I cannot afford to pay expensive legal fees because I lost too much in the depreciated real estate market. By reading the webpage, I know that Countrywide is the worst predatory lender in the business. I have to defend myself as a pro-se. How do you starting the fraud-TILA-predatory complaint in CA? Are you able to use Tim’s template?

    Any assistance in searching the right information is sincerely appreciated.

    Keep up the fight and I will not give up.


  66. Marc at 10:56 am #


    Hello Tim and all,

    I am in a foreclosure related UD in California. My lawyer has secured a jury trial for me. We are going to challenge the issue of posting of foreclosure notices based on our right to challenge title in the UD action. So far the court while openly hostile, appears reluctantly willing to hear the argument.

    We are in negotiations and discovery with HSBC (the Trustee’s) attorneys. What questions should we be asking with regard to the trustee sale that the bank’s attorneys will not want to answer. We’re trying to get them to reinstate the loan with a reasonable modification.


  67. LAURIE MENDOZA at 1:42 am #

    hi and thank-you for your web site. i am dealing with the 3 w’s. world, wachovia, wells fargo. world war 3. anyway the trustee sale was scheduled for april 13, 2010. when wells fargo’s attorney posted the 3 day get out i found outt that the trustee sale was on april 14, 2010. then i got served with the unlawful detainer on may 11, 2010. unlawful detainer was filed on may 6, 2010. i filed my answer by may 17, 2010. somewhere around june 18th i called the courts to see what was happening. i was told a motion to strike portions or all of my answer was being filed. i got the motion in the mail on 21st of june. i found tim’s oppession to motion to strike so i used his templet. the hearing was held on july 6, 2010. the judge granted the motion to strike. the argument wells fargo attorney didn’t want my exbibits entered which were copy of the notice of default, copy of the substitution of trustee which was filed 1 month after the notice of default, a copy of the trustee sale showing the trustee sale was set for april 13, 2010. copy of my deed and note. attachments which i stated facts and cited civil code procedures. i was all thrown out out out the door. i haven’t paid mortgage since september 2008 when FTB audited me. i had my own business as a skip tracer process server. all which has gone out the door too cause now my health is so poor due to stress im on SSDI. on my loan documents the brocker inflated my wages that is why FTB audited me. then the appraiser got the boot kick for his false appraisals. the sacramento sheriff real estate fruad division checked my documents and found irregularities. the detective suggested do go state or federal because my real issues are my lender and the brocker. i called tim’s office ater i filed the opposition. a real kind man called me back and said i needed to file to switch courts. the argument also in UD court was you could not argue title in a unlawful detainer proceedings.
    i got the order granting the granted motion to strike in the mail this past saturday july 10, 2010. when i was reading the order i noticed some man by the name of JIM MOORE, authorized agent for plaintiff wells fargo. WHO IN THE *&%# is jim moore. he wasn’t at the table with the attorney and myself before the judge/comississoner. so i went to the secretary of state web site to see if he is a agent for service of process. nope. hes not. i dont know who jim moore is but i know one thing he has never been on any of thepaper work for summons and complaint, 3 day get out, motion to strike and proposed order. so how can he be on an order period?
    where am i at now with all this? well i want to go back to court and request the order to be re-thought and get jim moore off the order but i dont know how to do this. as a matter of fact im growing tired and weary. when they come to put me out of my home that my father built in 1959 i will be homeless. i will live out of my car. this is a prretty scary thought for me. i am almost 59 and never been homeless. i guess i better learn how to layer my clothes and push a shopping cart. very, very scary.
    sincerely, laurie mendoza
    ps, mr mccandless do you have any suggestions and templetes? time is short for me.

  68. LAURIE MENDOZA at 1:53 am #

    i forgot one more thing. my house did not sell at the trustee sale. on my 3 day get out wells fargo attorney said the the house was bought by wells fargo bank and title was duly perfected. well they did not record the title till april 28th 2010 and the attorney’s letter of duly perfected was dated on april 15th 2010. no wonder wells attorney wanted my exhibits tossed out. the subtitute trustee sent my a letter on april 12, 2010 and stated that wells fargo has been the benificary of my deed of trust and note since november 2009. notice of defult was recorded on november 17, 2009. im not entitled to a loan modification because i dont get that much from social security. i was a mother and wife sith no union rep. LOL. im divorced now and get and dont want allimoney. how ever you spell it. thanks and sorry im so long winded.
    laurie mendoza

  69. Edith Long at 10:00 am #

    Atty McCandless,
    How can we refile our case for reconsideration after dismmissal of the case as ordered by the Judge on grounds of non compliance to judicial decision to start paying the mortgage payment while waitin for the completion of trial of which was the reason why we filed a complaint. The complaint was filed after receiving copies of signed loan documents which we were demanding from the time escrow closed without our presence and the proceeds was deposited to our bank accounts. We were
    assured by the mortgage broker everything was alright and
    everthing is okey. My uncle was 69 years old, very honest and trustworthy and always try hard to help spread the words of God, so he always prays everthing would turn right. But between you and me, it doesnt happen that way. Being with him as a witness, I know we are a victim of mortgage fraud. We refuse to continue paying after receiving signed documents a year after closing and settlement. The loan we are paying for was not the right loan we applied and signed for. Good Faith Estimate was not disclosed to us shows the right interest rate, but different loan number, and was signed a month earlier than the date it was printed from the computer. Deed of
    Trust has a prepayment rider added, Note has a adjustable rate rider. There was 2 Hud 2 estimated settlement coast with two different figures that was not signed by the barrower, Loan Apllications was not signed by the barrower
    pre-funding transmittal was not fill out and signed by the barrower showing interest was manually crossed out and changed to higher interest rate. The rest of the documents including deed of trust, the note etc. seemed to have signature of the barrower by copy and paste feature. We dont have any idea between the Mortgage broker, notaryand escrow officer who closed the loan commiteed the fraud a but one thing I swear the escrow officer who closed the escrow was the loan officer whom we told to leave our property when she was trying to persuade my Uncle into the wrong mortgage loan. Mortgage Broker sent another agent a month after to initiate the loan applications and disclosures of which we knew was the right loan we applied for and was supposed to be advised for the place date and time for closing. Escrow closed and settled without our presence and my Uncle was given assurance by the Mortgage Broker that everything was perfectly fine and the proceeds was electronically wired to my Uncle’s bank Account. Ten days after were demanded to make a deposit by the Mortgage broker to a certain bank account to payoff the property tax of which was one of the reason for refinance. I start using my Power of Attorney to act for my Uncle to start asking questions, calling and asking for copies of signed loan documents lender alleged was signed by the barrower. For the meantime, we start making payments to the assignee who sent us the first statement of which was not the assignee iindicated on any of the loan documents. In good faith we are paying the obligation for a year while waiting for the
    copies of the signed loan documents of which the alleged assignee wont cooperate at the time the problem was brought to their attention. It took a year for them to finally
    send something in the mail for us to confirm that we are paying on a wrong mortgage loan of which we have any knowledlge until upon receiving these documents.
    We have been going thru few attorneys that took our case but then after paying for the time they consumed in the case, they decide to withdraw because they are loan modification lawyers not a real estate litigation attorneys.
    Finally, After another six months, another attorney took our case, took another three months before filing the complaint to seek justice and present our case to the court
    I believed our previous attorney did not represent our case
    for the best interest of the barrower because nothing was submitted to the opposing party when they asked for documents to support our alligation of fraud, had failed to fallow up defaults, ammend the complaint to include and name companies and person involved in the first amended complaint, subpoena closing documents from the Title Company that was supposed to be used on the Trial and
    Act in behalf of the barrower without notifying the barrower or Attorney of Fact, like admmission of Plaintiff by the opposing counsel. We felt we are the one being sued because the opposing Counsel was asking for information and what our Attorney done was filed for continuance of hearing. A dismissal was granted to the dependants but based on the documents we provided with the opposition for the motion to dismiss. dependant denied
    dismissal without prejudice. During the 3 months of denial was granted, nothing was done by the attorney but file Stipulation on Continuance of Hearing (January thru March 2010. On April 6, 2010 a hearing was scheduled that was a Judicial Decision to make payment pending completion of trial scheduled on August 30, 2010. We requested the attorney to file a motion to petition amount to be paid based on the actual amount of the property of which we lost equity due to this fraudulent transaction involving the lender and the claimed now assignee of whom we are making payments.
    Now our complaint was being dismissed again, what is necessary to file a motion for consideration. There was an open investigation under the State Attorney General’s Office, Consumer Protection Bureau involving the Mortgage broker that grant the loan to us and officially open a case in our behalf because of this reason. Please advise how to present our case and file a motion for consideration.

  70. zetroc3228 at 11:28 am #

    Hi Timothy, I filed a wrongful foreclosure suit against my bank in early summer, but I know longer wish to continue with the suit. If I dismiss the case, could/would (is it common) that the bank could counter sue? We’ve not gone to court or anything like that. They have also, name me in a Unlawful Detainer suit as well.
    Thanks for your response.

  71. LAURIE MENDOZA at 6:02 pm #

    dear mr. mccandless,
    could you please answer my question? when wells fargo foreclosed on me what happen to my grant deed that my mom signed to me in 1995? is it wiped out?
    thank you
    laurie mendoza

    • timothymccandless at 6:07 pm #

      When you signed the trust deed you effectively transferred your title that is to say the title you got from your mom to the trustee
      And if you failed to make the payments the trustee could then transfer the title to the lender upon instruction the trustee to foreclose hold the sale and by Trustees deed tranfer the title to whom ever bids at the sale

  72. LAURIE MENDOZA at 4:09 am #

    hi mr. mccandless,
    another question re: grant deed. the house did not sell at the auction so now wells fargo has recorded a trustee’s deed upon sale. should wells fargo be recording something else like a grant deed? also in 2004 i changed my name on the grant deed my mom signed to me. at that point i created another grant deed. so when i signed the deed of trust that wiped out that grant deed also?
    also i have been reading about warrenty deeds and grant deeds. what about if only my family has owned this property. something about a plat map. and doesn’t a deed of trust only secure the loan but does not secure the land. i’m probley confused. but that is normal for me. i’m headed out today to file my amended answer at the unlawful detainer court. so far this is what has happen. plaintiff attorney filed summons and complaint. defendant which is me filed answer to summons and complaint. plaintiff filed motion to strike portions of defendants answer. that was due to my exhibits which were copies of the notice of default, substitution of trustee which was filed over a monthe after notice of default and then a exhibit of trustee sale which was to be on the april 13th but was held on 14th. the comissioner granted motion to strike without leave to amend. 4 days later i got the order in the mail along with another plaintiff name added to the order. i trotted down to unlawful detainer court here in sacramento and i found that the order had been amended twice. one of the order listed the exhibits that were pleaded in the motion to strike. the other amended order was leave to amend answer. in the mail on monday i got the amended order which stated i had till the 21st to amend the answer. less than 2 days to amend a answer. i got the amended answer done along with declaration of affirmative defense. then i did a motion to dismiss along with defendants memorandum to motion to dismiss. i based the motion to dismiss on the amended orders. i based the amended answer on 1161a ccp. im not a tenant i do nto have a tenant landlord relationship with the plaintiff there has been no verbal or written agreement regarding rent or a lease. my water has been shut off and no garbage pick up. i got a citation from code enforcement because im cleaning out 50 years worth of memories in this home. you know mr. mccandless plaintiff attorney seems a little frustrated with me. i guess hes use to filing these ud’s and counts on a easy win. hopefully i have made an impression in his mind.
    thank you mr. mccandless for your support and if you know how to attack the grant deed send it this way. this pitbull hopefully can handle it.
    laurie mendoza

  73. LAURIE MENDOZA at 4:43 am #

    mr. mccandless, the term i was looking for to associate a grant deed is “allodium”. land held absolutesy inones own right. could you go into a little more detail on what this term means?
    thank you
    laurie mendoza

  74. tina at 1:39 pm #

    Mr. Mccandless, I have a couple of questions. When we signed our deed of trust, note, GFE, Hud-1 and application at closing we also had to initial the bottom of each page of the DT and note even though there were no lines for it. the closing inst. required it, so the gal said everything in the inst. had to be done. Well, after sending 11 QWR in the last 2 years, I got an answer, copies of the note, td, hud-1 and application. the note and td do have our signatures and a recorders stamp on right side of first page, plus a second bar code stamp that is right under, almost attached to the recorders stamp and looks to be writing was done under it. The note and td did not have our initials the hud-1 and app do not have our signatures. The hud-1 escrow officers signature and dating in no way matches my copy….even a 5 year old could see the difference it. the app has no ones signature, and the copy i have has the brokers signature and was faxed to lender and escrow office..I have the faxed copy dated 2 days before closing. Well, I went down the recorders office and got a copy of the dt first page…it does not have the extra bar code, no extra writing, and no initials… Would this be a normal way to handle a dt and what about all the missing initials and signatures.

  75. LAURIE MENDOZA at 6:53 pm #

    hi mr. mccandless,
    i just read on line, not on your site but another site, where it said “amortgage is not a home loan”. the statement i’m questioning is this. “when a mortgage is used for security, foreclosure must usually progress through the court system. that type of foreclosure is called a judcial foreclosure”. also it reads “a mortgage is a document creats a lien on the property, which serves as a lenders security for the debt. ” now here is the part about title. i left a coment re: grant deed. this next statement is where i was at with the grant deed and it reads” iven if your loan is secured by a mortgage, you still have full title to the property . no one else has rights of ownership. I did not buy this property i refinanced. and the lender and i created a deed of trust which states in this article i read that in most cased a deed of trust is created for a refi. but the lender who was world now wells fargo proceeded with a non-judicial foreclosure.
    can you shed some light here for me
    thank you
    laurie mendoza

  76. MARIO KENNY at 6:56 pm #

    I suggest you take a look at this important information

    I know in the non judicial states the notes never make it to the court house, as I understand from my friends, but consider this if you will.

  77. fred at 8:16 pm #

    i was renting a house and it foreclose while i was renting it we are going with the cash for keys put we have a couple of days left how do i get more time to find a place to live for me and my family.

  78. MARIO KENNY at 12:55 pm #

    Tim and every homeowner need to read this:

  79. Mario Kenny at 6:19 pm #

    I love your utube and I hope you do very well in that suit, I am wearing your colors

  80. Stanley Putra at 10:07 am #

    I can’t find your 150 lawyer list. There appears tombe no one in WI. Even the AG> This is an election year. He gave the job of dealing with irate homeowners to an assistant. The AG wants the affiodavit I have signed by China Brown. Do you have any proof?
    Racine, WI.
    262 672 2543

  81. T Patrick Murray at 11:56 pm #


    I am an award winning filmmaker who wants to make THE documentary about this-

    Warclosure: The American Scheme

    Anyone interested in being interviewed- email me @


    I have a question…

    I was fighting my own foreclosure by Chase Pro Se for last 2 years- and last week…

    They withdrew the Complaint!

    Not a forged affidavit- the whole 2 year old action…

    Now I know that it is without prejudice so they can re file but…

    1/ if reviling was option why stop case? Just amend- right?

    2/ is this common? Have I, dare say, won the battle? Quiet title is the war…

    3/ Timothy, need to hear details? They also refused to comply with Discovery… Long story…

    But I am quite happy- we were scheduled to go to trial next week!


    Keep fighting!!!

    T. Patrick Murray
    (Director of The Last Game)

    • carrie at 11:23 am #

      I would be interested. do you need my email?

  82. Kristeen Smith at 9:49 pm #

    Hello Admin,

    I was hoping I could write a guest blog on your website , with an article related to your site, I believe this will be of

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    that deal too which will be free..

    Thank you so much for your time and consideration.

    Thanks & regards,

  83. Judith Rucker at 9:48 pm #

    Tim I need help now. Our home was foreclosed on 3/29/10. Unlawful detainer was served, answered and denied. We were in the middle of loan mod application with Wachovia, had an attorney working on it with us, and Wachovia foreclosed but continued to ask for paperwork for the loan mod. We are suing to get our home back. I need to know what code covers the time frames for postponements. Our foreclosure was postponed four times. I keep finding information that says after the third time Wachovia needed to submit another Notice of Sale. I’m trying to file a lis pendens but need the information. Any ideas? Our home is now in escrow and I don’t want a third party to get it before we prevail in court. Help!

  84. Abby in CA at 4:24 pm #

    New Grandma in California Does Sleuthing and Discovers Major Robo Notary Operation

  85. don c at 11:20 am #

    July 9, 2010

    The United States Bankruptcy Court for the Eastern District of California has issued a ruling dated May 20, 2010 in the matter of In Re: Walker, Case No. 10-21656-E-11 which found that MERS could not, as a matter of law, have transferred the note to Citibank from the original lender, Bayrock Mortgage Corp. The Court’s opinion is headlined stating that MERS and Citibank are not the real parties in interest.

    The court found that MERS acted “only as a nominee” for Bayrock under the Deed of Trust and there was no evidence that the note was transferred. The opinion also provides that “several courts have acknowledged that MERS is not the owner of the underlying note and therefore could not transfer the note, the beneficial interest in the deed of trust, or foreclose on the property secured by the deed”, citing the well-known cases of In Re Vargas (California Bankruptcy Court), Landmark v. Kesler (Kansas decision as to lack of authority of MERS), LaSalle Bank v. Lamy (New York), and In Re Foreclosure Cases (the “Boyko” decision from Ohio Federal Court).

    The opinion states: “Since no evidence of MERS’ ownership of the underlying note has been offered, and other courts have concluded that MERS does not own the underlying notes, this court is convinced that MERS had no interest it could transfer to Citibank. Since MERS did not own the underlying note, it could not transfer the beneficial interest of the Deed of Trust to another. Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void under California law.”

    Read that again: “Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note IS VOID UNDER CALIFORNIA LAW.” This conclusion was based upon California law cited in the opinion that the note and the mortgage are inseparable, with the former being essential while the latter is “an incident”, and that an assignment of the note carries the mortgage with it, “while an assignment of the latter [the mortgage] alone is a nullity.” As MERS must own the note in order to assign the incident deed of trust, MERS is legally precluded from assigning the deed of trust for want of ownership of the note, and cannot assign the note in any event as it never owned it. MERS’ lack of ownership interest in promissory note is a matter of decided case law based on a record stipulation of MERS’ own lawyers in the MERS v. Nebraska Dept. of Finance decision.

    This opinion thus serves as a legal basis to challenge any foreclosure in California based on a MERS assignment; to seek to void any MERS assignment of the Deed of Trust or the note to a third party for purposes of foreclosure; and should be sufficient for a borrower to not only obtain a TRO against a Trustee’s Sale, but also a Preliminary Injunction barring any sale pending any litigation filed by the borrower challenging a foreclosure based on a MERS assignment.

    The Court concluded by stating: “Since the claimant, Citibank, has not established that it is the owner of the promissory note secured by the trust deed, Citibank is unable to assert a claim for payment in this case.” Thus, any foreclosing party which is not the original lender which purports to claim payment due under the note and the right to foreclose in California on the basis of a MERS assignment does not have the right to do so under the principles of this opinion.

    This ruling is more than significant not only for California borrowers, but for borrowers nationwide, as this California court made it a point to cite non-bankruptcy cases as to the lack of authority of MERS in its opinion. Further, this opinion is consistent with the prior rulings of the Idaho and Nevada Bankruptcy courts on the same issue, that being the lack of authority for MERS to transfer the note as it never owned it (and cannot, per MERS’ own contract which provides that MERS agrees not to assert any rights to mortgage loans or properties mortgaged thereby).

  86. don c at 11:42 am #

    Great work by the new grandma sleuth!!!

    I also questioned the Maricopa County AZ notary stamp on several of my Aztec FC related bank docs attached to their various (for One West)orders and Trustee’s Deeds upn sale transfers to Deutsch Bank natinal Trust Co. and wondering if I can request those original pages from Notary authorities in AZ and who might be the best office to start with?

  87. Abby in CA at 6:07 pm #



  88. carrie at 8:29 am #

    hi, i am fighting a foreclosure right now and my attorney seems to be giving up. was in default. was going to make the catch up payment and was offered a “partial claim”, was supposedly approved, got notices of sale, need to move, etc, phone calls and emails to person at mortgage company who made deal and he said, no everything is okay, first payment due in oct, still got notices, finally figured out the bank had taken the property, and then they were saying I didnt qualify, I have emails saying I did, filed a qualified written request, the just said i was behind and didnt qualify for any programs, no mention of the partial claim, I have the emails saying I did, now I am facing eviction. Lawyer for me filed one stop of eviction and the bank got the judge to reinstate the eviction. HELP! from what I read I need to sue the bank. I just want them to honor the original deal or let me start making payments. I was lied to about a partial claim catch up program. It is an FHA loan, refinanced one year ago now, have been in the home about 27 months total. /Carrie

  89. Abby in CA at 4:11 pm #




  90. David Daniel at 1:48 pm #

    Fighting BofA. I have owned my home for 17 years. House was forclosed on February 7, 2011.

    I miscalculated the time I had to answer and BofA won the UD by default.

    I have filed a Motion to Set Aside Default Judgment and Motion to Quash Summons for Unlawful Detainer both hearings scheduled for May 24, 2011 at 9:00 AM in Oakland.

    Received Sheriff’s Notice To Vacate on Monday, May 2nd.

    Need instructions and samples to file Emergency Motion for Stay of Eviction or other pleading.

    If there is another tactic to use then I need advice quick!!
    Please email responses direct to or call 510. 473.2843.

    All help is appreciated.

  91. jackiejean at 3:41 pm #

    We need Help.We live in Connicut and have found we were placed in a fuard
    loan.We were strugling to keep up with payments due to the actions of the lender
    First after we tried to speak to them they took all our infomation over the phone.Then they sent us a loan mod.and lowered our payments.(Great) so we throught.they were trying to help us.(It was a false mod).We discovered they had us paying instrest only.Then we recived a complaint of suite from the property tax.They did not pay our taxes.I called them about this and they had me send them the dockets.They claim that they would take care of it.(“” They took care of it all right””). They claim to have paid $10,000. and added this to our mortgage.I sent them proof (the servicer AHMSI )that this was held in escrow.They claim this was not there problem .The lender was Option One.It gets worse from there .
    After trying to work with them they agreed to lower our payments in writting.Then they later raised them up again breakin the agreement.We could no longer keep up.We were awaiting funds to arive 2 months when we recived noticed from a forcloser mill .We were not served .I found our name on the court dockets to floreclose on us.I did file a response to this and are started in meditation.We have a apoiment with a hud counsler.they also transferred
    ( AHMSI ) to (Saxon) with out proper notice.They have named HSBC as the plaintiff.??After reserch I have found that they made out the loan for more then was owed .They uped the amounts to pay off and keeped the funds.I have the recipts of exact amounts paid out. As for Wells Fargo who started the mess trying to steal our home after 19 years “””” Well they sent us a fuard release .I know it is Fuard due to it was signed by ( Linda Green ) of Wells Fargo Bank in Georgia, She does not exsist.{“” This was a name used at a forcloser mill that Wells Fargo opened and hired people to just keep signing her name””}.
    I keep calling Attonerys and get no return calls.
    These people need to be stoped.This is coroupt and Fuard .
    If any one knows of a
    Attonery I could go to in Connecticut please send that information my way.
    I have all the proof .Just need some who can present it properly for us.

    Thank You
    Jackie Jean

  92. TINA at 7:41 am #


    411 NANA

    • Marc at 7:52 pm #

      It kind of sounds like you were a tenant Tina. You may want to contact the San Francisco Tenant’s Union. You may have had rights as a tenant in a foreclosed property. Can’t say for sure but start there.

  93. michael hawk at 5:04 am #

    Mr timothy – can we get a speedy trial in atl ga , I been into it with my trustee he’s trying to worry me to death – buy saying he don’t have to show me nothing its the law . I no its not no law fotr him to do all of this crap he just a trustee , to work for me , the vice pres of mers the.real vice pres didn’t no they fake me out , because I never meet with him onto 2007 , and when he saw me he took off cause u saw I was mad ,. But he still should have gotten with me to give me a head up on something u feel me . This is what I don’t like I’m the owner of my family 500 year old company . And I’m been treated like nothing . I’m a financer , huge financer at that – my skill a make the poor so rich they a say we don’t want money no more , ill start off sinse house prices are low , by giving people house 1 dollar down ,and a 300 at most note a month , and insurance and taxes so in all 500 or 600 a month at most – that’s insurance and property taxes with it . The 650 at most cover all of that . school loans got too drop and car note got to drop , and person loans got to drop and then credic card loans got to drop – michael hawk aka michael walker g – bbt bank & wellsfargo bank na , in atl ga , in the atlantic station area , is where I’m a hang out at . Now people let the born finaner show off some more I’m born with this stuff – in my mind no school – watch this – now after all of them note get the price cut down – onto the planet picks back up from a down fall of some want to be financial giants , then maybe the prices can go back up to have a little fun on buying and selling . But anyway – ok , meet and the board a get a new insurance policy – thats a cover u if u can’t make a 650 note a month or a 300 note a month – a insurancé claim a kick in and pay this stuff for u , but u a have too pay the insurance fee every-month to be coverd . We gone make the insurance co like kroger where u a see a lot of stuff u can get , we a cover ya car if hit hit a pot hole – we a cover ya feet if u have to run and jump a wall from a robber , robber insurance – could u see that – u take off work cause ya foot broke from running from a theft and u hurt ya self – and the insurance co – a have its set up if that do happen the job u work for can’t fire u – onto after 4 moonths of no show . So u still a get 80% of ya job pay and the insurance co a have to pay u too for as long as u off from the leg hurt . Instead of a stoke vitim staying in the doctor for 1 week and then u go , we a move that up to auto 2weeks . We a also start insurance no matter who u are – if that car in a crash we insurance the wreck wether ya name on the car or not – I belive my nation wide insurance co all ready have it anybody coverd – but I’m a put that in all of my insurance co . We a put full coverge on all cars no matter what year its was made , in order to do this , we a have to step my policy up – this a world thought here , we can do almost what ever we want here , who’s to stop us , the insurance co a make a policy to get people off the street into a house if they make lower than 100 a week , and this policy a get them food and a home too live in , insurance a be the top facter here . How do u make a plan like this work global – u have to set it from the hold world as a law , nobody can sleep on the street and don’t have food to eat , u have to make its aganist the law global , how do u pay for that – u take a 100 ,000,000,000,000,000, . Global life living policy out on the world for this kind of money to hit people pockets if they don’t have nothing every year- now how do u fund this , buy takin a dollar more out of everybody account every time they get a pay ckeck or in a store to shop , everybody and the 1 that they take out onto gos to the tresury from every store , every store with a cash register a have to have their cash box link to the treasury so the money a auto hit the treasury . Now – after that , the treasury charge it self a monthly fee – or they can buy the insurance policy from me – 18 figure policy – a run them from my insurance co – 50 billion every 6 month a cover the hold planet of everything set up like that – 100 billion a year policy – and u got to think that dollar – charge everytime u hit any store . And the dollar go rite to the treasury and the treasury get the 100 billion up every year – for 18 figures of weath every year to cover the hold planet on – no home and no food too eat . Well maybe the policy could be a little more than 100 maybe 600 billion a year ,but 600 billion for 18 digits of weath , u can’t lose and think of how many more people spending money in the world then from this increase – man – this a stop poornest any where . Its gone take some real smart people too look at this post and too put it all rite – . . .

  94. Kevin McKnelly at 4:42 pm #

    I am helping someone with the following situation: She missed a mortgage payment on her condo, then applied for loan mod with lender, for which she was later denied. Then she tried working with a real estate agent on a short sale, but nothing happened. Her notice of default was sent to her directly from her lender. No trustee assigned. She made many attempts to work something out with lender, but difficult getting in touch, etc. No notice of trustee sale was posted on her property. She then just got a notice posted on her property that her condo had been sold to Fannie Mae. She has about 12 days to get out. She is currently checking to see if they published in local paper the notice of auction sale. Does she have any options at this point for staying longer in the property?

  95. rciferri at 3:02 pm #

    If I buy from a bona fide purchaser for value after he executed a void note and deed of trust to a lender that has been foreclosed and the lender purchased the property at the foreclosure sale, am I the owner of the property free and clear of encumberances?

    • timothymccandless at 6:26 pm #

      lets see all the documents or is this a test question

    • MARIO KENNY at 6:45 pm #

      my best guess is NO

      • MARIO KENNY at 6:47 pm #

        Hey Tim I need you to look at some papers of a friend of mine in Orange county, she wants you to represent her, would you do that please?

  96. laurie mendoza at 3:33 am #

    Hi Mr. McCandless,

    Today I got in the mail a break down of my foreclosure costs. I called Wachovia aka Wells Fargo, and had a question regarding the 1099a that was sent to me. On my notice of default dated November 17, 2010 the amount of my loan was $150,000.00. On the 1099a the amount of the principal is $151,190.12. FMV on the 1099 states $171,000.00. I wanted to know where the excess proceeds of around $22,000.00 was. This what the breakdown states.
    Principal Balance – $151,190.12
    Delinquent Interest Balance- $16,766.96
    Escrow Advance Balance- $2,422.00
    Late Charges Balance- $479.11
    Corporate Advance Fee Balance- $2,371.04
    Total- $173,229.23

    What I read on the web is as soon as the foreclosure is done and over with the the bank can write off the Principal. The Escrow was for forced homeowners insurance along with late charges. Delinquent Interest Phantom income or Phantom interest. And Corporate advance fee , what i have read are also write offs for the bank.
    I was just wondering if the bank could have cut some corners and saved me a bit of money. What do you think?
    Laurie Mendoza

  97. Luis Casequin at 10:52 pm #

    We are the owner of this house up until BofA sold it in June 23, 2011. We called your office because you sent us one of your flyers by mail Which reads Integrity Foreclosure Solution. Then you sent Carmen to fill up the documents and get the money in the amount of $750. A couple weeks ago we’ve been receiving letters from This Law Office of Sam Chandra, APC addressed to a person named Bonifacia Mejia with our address 4816 Stargazer Place, Palmdale, CA 93552. There is no body by that name here. Im not sure what Carmen is doing and we want to know the status of our case as Carmen is not even answering our emails. She just call by phone. Thanks Luis C.

  98. william k black at 12:19 am #

    How can a theft of a company serve a eviction notice and they are fraud , boy they treating the law system like its nothing , if I was a court of law I wouldn’t forcloser nobody or evict them nether onto they find out who is the real owner of this stuFf , this stuff gone wild And its need to go back rite , like jpmorgan had it in 1889 . Hey giving the theves a clear sign too keep going with it and that what they are doing my friend s. . To me the bush office gave a lot of people the big mind too do crimes . Every times u ask bush a ? Of anything he jump to a nother subject , escape go the real the stuff , these kind of people are licky , because I saw they all need a big cell , with no jail windows . Funnie war and funnie bank runner , somebody giving them the head to gohead and break the law their no law , well we no that’s not true they got the hold jail filled with African American almost . I no they want a get out of jail free card just like the rest of them rite .

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