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California homeowner bill of rights sample letter I send under California Civil Code 2923.55 and the right to demand proof the lender or loan servicer has legal proof of right to foreclose.

California homeowner bill of rights sample letter I send under California Civil Code 2923.55 and the right to demand proof the lender or loan servicer has legal proof of right to foreclose.

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Published by Steve Vondran
We have been talking about the "produce the note" legal theory for years first brought to light by Neil Garfield. At first, no one believed that lenders and loan servicers might not have the legal evidence to show they are the proper party entitled to enforce your mortgage and foreclose. As the years have moved on, and after the robosigning crisis, and national mortgage settlement, we now know the securitized loan mess (60 million MERS loans) has gotten out of control. The California attorney general, Kamala Harris, along with the senate and state assembly passed a law and are trying to bring sanity into the foreclosure market that is literally crippling California. Here is a letter I send demanding legal proof of right to foreclose under Civil Code 2923.55. We can be reached at 877-276-5084. With a private right of action and attorney fees provisions this might be the law that helps you save your house, for example when you are seeking to reinstate your loan after a bogus loan mod review. Don't expect free houses, but it seems this is a step in the right direction.
We have been talking about the "produce the note" legal theory for years first brought to light by Neil Garfield. At first, no one believed that lenders and loan servicers might not have the legal evidence to show they are the proper party entitled to enforce your mortgage and foreclose. As the years have moved on, and after the robosigning crisis, and national mortgage settlement, we now know the securitized loan mess (60 million MERS loans) has gotten out of control. The California attorney general, Kamala Harris, along with the senate and state assembly passed a law and are trying to bring sanity into the foreclosure market that is literally crippling California. Here is a letter I send demanding legal proof of right to foreclose under Civil Code 2923.55. We can be reached at 877-276-5084. With a private right of action and attorney fees provisions this might be the law that helps you save your house, for example when you are seeking to reinstate your loan after a bogus loan mod review. Don't expect free houses, but it seems this is a step in the right direction.

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Categories:Types, Brochures
Published by: Steve Vondran on May 28, 2013
Copyright:Attribution Non-commercial

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02/25/2015

 
Copyright 2013 – The Law Offices of Steven C. Vondran, P.C. (All rights reserved)
1
ATTORNEY STEVE – SAMPLE “
 PRODUCE THE NOTE 
” LETTER PURSUANT TO CALIFORNIA HOMEOWNER BILL OF RIGHTS (CAL. CIVIL CODE SECTION 2923.55)
Vondeezy Law Made Easy
 (AttorneySteve.net
 
) / (877) 276-5084
San Diego / Newport Beach / Beverly Hills / San Francisco / Phoenix
NOTICE/DISCLAIMER
THIS IS A SAMPLE LETTER PROVIDED FOR REFERENCE PURPOSES ONLY. THIS IS NOT LEGAL ADVICE. THIS IS A LETTER I DRAFTED DEMANDING THAT THE LENDER/LOAN SERVICER “
 PRODUCE THE NOTE 
” OR “
OTHER  EVIDENCE OF INDEBTEDNESS 
” UNDER THE CALIFORNIA HOMEOWNER BILL OF RIGHTS. I SEND THIS LETTER TO THE LENDER, LOAN SERVICER, SECURITIZED LOAN TRUSTEE, FORECLOSURE TRUSTEE AND ANYONE ELSE THAT CLAIMS AN INTEREST IN YOUR MORTGAGE LOAN AND FEELS THEY HAVE THE LEGAL RIGHT TO COLLECT YOUR MORTGAGE PAYMENT. CALL US AT THE  NUMBER ABOVE TO HAVE OUR FIRM SEND A COPY OUT ON YOUR BEHALF. WE SEND THE LETTER CERTIFIED MAIL SO IT CAN BE TRACKED. IF YOU ARE WONDERING WHAT THE
CALIFORNIA HOMEOWNER BILL OF RIGHTS 
 IS, YOU CAN READ MY BLOG THAT PROVIDES GENERAL LEGAL INFORMATION ON THE TOPIC OF OVERVIEW OF THE CALIFORNIA HOMEOWNER BILL OR RIGHTS. THIS IS GENERAL INFORMATION. CALIFORNIA HOMEOWNERS HAVE VALUABLE NEW LEGAL RIGHTS (THAT CAN BE USED IN CONJUNCTION WITH A
QUALIFIED WRITTEN REQUEST 
,
 REQUEST FOR BENEFICIARY STATEMENT 
 AND DEMAND TO IDENTIFY THE LOAN HOLDER UNDER
TRUTH IN LENDING LAW 
 15 U.S.C. 1641). THE “LENDERS” AND LOAN SERVICERS ARE NOW LEGALLY OBLIGATED TO
STOP THE ROBOSIGNING AND THE BOGUS ASSIGNMENTS OF DEED OF TRUST   AND PROVIDE PROOF OF THE POWER OF SALE  (AND SIMILAR NONSENSE IN THE BANKRUPTCY COURTS IN REGARD TO PROOF OF CLAIMS AND LIFTING THE AUTOMATIC STAY)
, AND ONLY THE TRUE LENDER (OR THEIR AGENT) SHOULD BE ALLOWED TO FORCE YOU INTO A PRIVATE NON-JUDICIAL
 
Copyright 2013 – The Law Offices of Steven C. Vondran, P.C. (All rights reserved)
2 FORECLOSURE SALE AND SELL YOUR PROPERTY, OR LIFT THE AUTOMATIC STAY IN A BANKRUPTCY COURT. IF THEY CANNOT PROVE THEIR LEGAL RIGHT TO FORECLOSE (WHAT SOME PEOPLE CALL “STANDING”) AND THAT THEY ARE THE TRUE LENDER (OR THE TRUE LENDER’S AGENT), AND THAT YOU OWE THE DEBT TO THEM YOU MAY HAVE LEGAL RIGHTS TO STOP THEM WITH AN INJUNCTION AND THE RIGHT TO SEEK YOUR ATTORNEY FEES. WE HAVE BEEN TALKING ABOUT THIS PHENOMENA FOR YEARS, AND THIS IS A NEW REAL ESTATE DEVELOPMENT THAT BECAME EFFECTIVE JANUARY 2013. AS SUCH, THIS IS A NEW AREA OF REAL ESTATE FORECLOSURE LAW AND EXPERTS EXPECT THAT THIS LAW WILL BE TESTED AS TO WHAT IT ACTUALLY MEANS (I.E. WHETHER OR NOT THE LENDER OR LOAN SERVICER MUST PROVE YOU LEGALLY OWE MORTGAGE PAYMENTS TO THEM OR WHETHER THEY JUST HAVE TO PROVE YOU HAVE A MORTGAGE LOAN AS EVIDENCED BY AN OLD PROMISSORY NOTE YOU SIGNED YEARS AGO TO A NORMALLY DEFUNCT LENDER). THIS IS NOT TO SUGGEST YOU WILL GET A HOUSE
 FREE AND CLEAR
 AS SOME PEOPLE LIKE TO THINK, BUT IF THE LAW IS VIOLATED YOU HAVE A PRIVATE RIGHT TO SUE FOR AN INJUNCTION AND SEEK ATTORNEY FEES. THIS CAN BE A VERY IMPORTANT RIGHT, FOR EXAMPLE, WHEN TRYING TO REINSTATE YOUR LOAN (WHICH LATELY SEEMS TO OCCUR AFTER YOU WERE TOLD BY THE LOAN SERVICER
 NOT 
 TO MAKE LOAN PAYMENTS AND THE PROMISED LOAN MODIFICATION NEVER HAPPENED. WHERE YOU BELIEVE YOUR LEGAL RIGHTS ARE VIOLATED, OR NEED US TO SEND OUR LETTERS ON YOUR BEHALF, OR TO SEEK AN INJUNCTION TO STOP AN ILLEGAL FORECLOSURE SALE OR MONEY DAMAGES FOR A WRONGFUL FORECLOSURE SALE CALL US AT (877) 276-5084. WE ARE HERE TO HELP YOU UNDERSTAND AND ASSERT YOUR LEGAL RIGHTS. WE ALSO SELL VARIOUS LETTERS (TO ATTORNEYS AND HOMEOWNERS) ON OUR FORECLOSURE WARRIOR  WEBSITE AND HAVE FREE INFORMATION THAT WE HAVE CREATED OVER THE YEARS AT OUR FORECLOSURE DEFENSE RESOURCE CENTER  WEBSITE. PLEASE NOTE, WE DO NOT ACCEPT ALL FORECLOSURE, WRONGFUL FORECLOSURE AND INJUNCTION CASES. EVERY CASE MUST MEET CERTAIN CRTIERIA AND EACH IS VIEWED ON A CASE-BY-CASE BASIS. AS WE ALWAYS TELL PEOPLE, IF YOU THINK YOU HAVE ISSUES, RETAIN AN ATTORNEY BEFORE THE PRIVATE TRUSTEE SALE. AFTER THE SALE, AND AFTER A TRUSTEE’S DEED UPON SALE IS RECORDED YOU MAY LOSE SIGNIFICANT LEGAL RIGHTS.
 
Copyright 2013 – The Law Offices of Steven C. Vondran, P.C. (All rights reserved)
3 THIS IS THE FIRST LETTER I SEND UNDER THE CALIFORNIA HOMEOWNER BILL OF RIGHTS. UNDER THE LAW YOU CAN SEEK REDRESS FOR
 MATERIAL
” VIOLATIONS, NOT MINOR ONES. THIS IS A QUESTION OF INTERPRETATION RIGHT NOW. IN SOME CIRCUMSTANCES, I WOULD SEND A SECOND LETTER (BASICALLY A “
 MEET AND CONFER
” LETTER DEMANDING THAT THEY CURE VIOLATIONS OR PROVE CERTAIN THINGS). TIMING MIGHT BE AN ISSUE FOR SOME PEOPLE SO HAVE YOUR CASE REVIEWED BY A REAL ESTATE LAWYER LIKE MYSELF. IF SUFFICIENT EVIDENCE OF INDEBTEDNESS IS NOT PROVIDED, OR IF THEY FAIL TO PRODUCE THE
 ENDORSED NOTE 
 SHOWING THEY ARE LEGALLY ENTITLED TO PROCEED WITH A NON-JUDICIAL FORECLOSURE SALE (PETE) AGAINST YOU (WHICH I CAN ALMOST ASSURE YOU THEY DO NOT HAVE THE ENDORSED NOTE, AND WILL PROBABLY NOT BE ABLE TO PRODUCE IT), THEN THIS MIGHT BE DEEMED A “
 MATERIAL
” VIOLATION WHICH MIGHT WARRANT AN INJUNCTION AND ATTORNEY FEES. AGAIN, NEW AREA OF LAW OPEN TO INTERPRETATION. WE HOPE YOU ENJOY VIEWING OUR SAMPLE LETTER. STEVEN C. VONDRAN, ESQ. (CA LIC. #232337) (AZ LIC. #025911) CALL US: (877) 276-5084 AttorneySteve.net ForeclosureDefenseResourceCenter  ForeclosureWarrior 
 
This is an advertisement and communication under state bar rules.

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