Comments on: What Do You Owe and to Whom Do You Owe It? California Civil Code 2924

By: Zac

Zac — Sat, 23 Apr 2016 06:18:26 +0000

Any one ever heard of one of the biggest, real estate broker/lender and racketeer, con man?
every thing that,stands in his way,he bribes!I The person I refer to is Bill Long,of Tulare CO.CA.

By: claudia

claudia — Sat, 11 Jul 2015 13:49:54 +0000

Thanks for the post, but I cannot find anything on line as to what happens if a homeowner wins on appeal, their eviction case based on no substitution of trustee ever recorded. That is our case and I know the beneficiary or its agent can also invoke the NOD BUT on the NOD the and NOS the trustee States they are either the original or substituted trustee under deed of trust, which they aren’t. And the agent for this trustee whom signed everything didn’t even share any info with us including who the beneficiary was. In fact the servicer was the beneficiary until after NOS FILED, WHEREAS they transferred to freddie Mac who was the bidder at sale. Funny thing was we did not even discover this cause the change wasn’t recorded until after the sale. So for months got a run around. Now we are AWAITING appeal from eviction court in san diego, but what happens when eviction overturned? Do we have to have civil suit filed or can we wait for freddie to make a move? Can any loophole to valid recording have appellate court rule against us. We’re still in home paying good faith $.

By: indio007

indio007 — Wed, 09 Jun 2010 16:40:10 +0000

In reply to Gregory Bryl, Esq..

Produce the note might not be a cause of action but is a ministerial requirement. I also wouldn’t agree with having to cite statutes or codes because possession of the instrument (or affidavit of loss/destruction by competent fact witness) is customary practice. That has been settled since the lord Mansfield declared the law merchant is the common law when it comes to bills of exchange/promissory notes. That was about the 17th Century.
there are several reason the note is required.
1. customary proof.
2. to cancel it.
3. to inspect it for subsequent endorsers as they might be liable to pay it.
4. to insure the proper party is trying to enforce it .
Scire Facia is a real action and it can be used for multiple purposes either against the trustee or the object of trust.

By: Gregory Bryl, Esq.

Gregory Bryl, Esq. — Wed, 09 Jun 2010 12:58:58 +0000

The problem is that “produce the note” is not really a cause of action. To properly frame a cause of action, you need to cite a specific provision (text) of the law, and then show or at least allege and explain how that provision was violated in your case. Because there is no text in 2924 to “produce the note”, not producing the note is not a violation. One needs to look at the statutory scheme, find the requirements for conducting a non-judicial sale, and then explain how those specific requirements were violated by the entity that filed a notice of default. For some successful motions in Virginia, another non-judicial state, see the bryllaw site.

By: Mark

Mark — Tue, 08 Jun 2010 21:55:19 +0000

Richard, Thanks for the info, I’ll look up your site.

By: Mark

Mark — Tue, 08 Jun 2010 21:54:12 +0000

Mr. Mantor,
You say 30 states have no judicial review of the foreclosure documentation, so I guess what you are saying that any state that use’s non judicial ,Like my state of Massachusetts , should have some kind of a civil code section like Califorina 2924, How can we look this up ?

By: indio007

indio007 — Tue, 08 Jun 2010 16:42:42 +0000

Two words SCIRE FACIAS to dissolve, vacate annul the trust. Especially if you have evidence of the infamous note- trust split.

By: Richard F. Kessler

Richard F. Kessler — Tue, 08 Jun 2010 15:17:42 +0000

Hello Professor:

Try this on for size:
1. The trustee of the mortgage trust is not a creditor beneficiary of th Deed of Trust..
2. The payments referred to in the Notice of default were paid in fact to the alleged “creditor beneficiary” of the Deed of Trust.
3. The Deed of Trust in the hands of the mortgage trust trustee is unenforceable because the master pooling and servicing agreement create a breach of contract of th Deed of Trust.
4. The Trustee of the Deed of Trust lacks authority to exercise the power of sale on behalf of the trustee of the mortgage trust. If the principal lacks authority so does the principal.s agent. A wrongful foreclosure is a breach of the fiduciary obligation owed by the trustee of the Deed of Trust to the debtor.

Please see my web page: documentary clearinghouse.com for more info.