Layers of fraud found in Bank of America's attempted foreclosure/eviction of the Hernandez family

[Fire Walk With Me]

Published on Oct 11, 2012 by fort hernandez

READ THIS!!! BELOW IS AN ITEMIZED LIST OF THE FRAUD COMMITTED BY COUNTRYWIDE AND BANK OF AMERICA AGAINST THIS FAMILY!!!!

Here is what our audit has found:

1) Deed of Trust was improperly notarized
Notarized on a different day than signed
We are investigating whether the notary was in truth a certified active notary in 2006

2) Notice of Default is defective
Signer of the NOD was NOT an employee of Recontrust as he signed this document, but an employee of BofA Home Loans since 2008
According to bank's own recorded documents, bank failed to contact the homeowner to explore options to avoid foreclosure prior to the NOD — under CA Civil Code 2923.5 contact must be made or due diligence fulfilled at least 30 days BEFORE any NOD
Failure to do so renders the NOD and NTS ILLEGAL AND INVALID

3) Substitution of Trustee and Assignment of Deed of Trust is defective
Signed by a KNOWN ROBOSIGNER, employed by Countrywide NOT MERS, as claimed.
Improperly notarized by a KNOWN ROBOSIGNER
Signed on a DIFFERENT DAY than notarized in violation of notary rules
Possibly forged — we have examples of varying signatures
Any apparent sale based on Robosigned documents is VOID — if the assignment of the Deed of Trust is robosigned, the sale is VOID.
Once these documents make it into court, the bank officers and lawyers become guilty of felonies

4) NO Affadavit of Mailing of Substitution of Trustee, as required by Cal Civil Code 2924(c)


5) Additional Assignment of Deed of Trust problems:
Transfers this Deed of Trust on June 14, 2010 into a security instrument that CLOSED on March 17, 2006, in breach of the representations and warranties of its Pooling and Servicing Agreement
The Pooling and Servicing Agreement forbids conveying any loan if it is 30 or more days delinquent — the NOD was issued almost 2 years before the Assignment
This trust — CWABS Inc Asset-backed certificate series 2006-4 — is material evidence in a suit by the FHFA against Countrywide, BofA, Citigroup, and others alleging among many other things that "Government investigations have confirmed Countrywide routinely failed to adhere to its underwriting guidelines, knew their representations were false, abused its documentation programs and falsified loan applications."
The assignment violates several other requirements of Article II Conveyance of Mortgage Loans Representations and Warranties of its PSA
The underwriters of this trust are JPMorgan Securities and Lehman Brothers — I am sure they would be interested to know this trust is in breach of the reps and warrantees.


6) Trustees Deed Upon Sale is a "put back" — a repurchase of loans that were originally made in breach of representations and warranties
Trust is the same one being used as material evidence for fraud in FHFA suit.
According to Article VII of the trust's PSA, certificateholders are prohibited from pursuing put-backs UNLESS: the holders of not less than 25% in principal amount of the securities make a written request to the trustee to pursue the remedy. Where is evidence of this written request?
The party bringing the sale lacks standing to bring the sale. Breaches in the PSA provide evidence that the loan was not properly transferred to the securitized trust — a transfer not in compliance with a trust's documents is VOID as a matter of law.

We cannot condone vigilante foreclosures — any old stranger cannot take the law into his own hands and kick a family out of its home ... that right is reserved solely for the proven mortgagee.

WE ARE UNARMED, AND PEACEFUL

Peace to you all, if you are willing to fight for it.

Backstory:

http://www.democraticunderground.com/10021337674

Thank you Occupy Fights Foreclosures!