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Foreclosure: Recorders Docs Example

Foreclosure: Recorders Docs Example

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Published by AndyJackson
These documents are not to be construed as legal advice.
These documents are not to be construed as legal advice.

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Published by: AndyJackson on Dec 14, 2009
Copyright:Attribution Non-commercial

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09/10/2014

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RECORDING REQUESTED BY:
Jane Doe
WHEN RECORDED MAIL TO:
Jane Doe100 HappyValley AvenuePleasantville, California[94981] Non-domestic
Use the above mailing location
EXACTLY AS SHOWN
Notice of [Cancellation], [Revocation of Power of Attorney], and [Removal of Trustee and Beneficiary]
In the Common Law and For the Record, Know all men by these presents that:
That I, one
Jane Doe
, a flesh and blood woman, one of the People of the Republic of California,hereinafter ‘Settlor/borrower’, do hereby swear the following to be true:
This is an amendment to Deed of Trust-Loan #XXX8281, recorders# XXXXXX,May XX, 2006
TRUSTEE:
SUNNYSIDE FINACIAL CORP
, BY: TD SERVICE CO.,1920 E FIRST STE210,SANTA ANA,CA.92711BENEFICIARY:
SECOND FEDERAL BANK
OF CALIFORNIA-XX WILSHIRE BLVD.,SANTA MONICA, CA. 90401LENDER:
SECOND FEDERAL BANK
OF CALIFORNIA-XX WILSHIRE BLVD.,SANTA MONICA, CA. 90401Property Description:Street address – XXXXXXXXXXSSSSSSSSSSSS, California [94981]The assessor’s parcel number:XXXXXXXXX
Notice to the agent is notice to the principal and notice to the principal is notice to the agent
.
Actual and Constructive Notice of Cancellation
is hereby given in reference to the above “Deedof Trust” (May XXXXXXX), as is my right to give notice within 3 days of receiving full disclosure of the“promissory note, and Deed of Trust” documents under TILA 15 USC *1601 et.seq; 12 CFR Part 226 the3 days begins when full disclosure is made. The entire alleged ‘loan’ was tainted by fraud, concealmentand misrepresentation. Full disclosure was never given, as the trustor was never told of the fraudulentnature of the “promissory note and Deed of Trust”. The Credit River Decision court case December 9
th
1968, Justice Martin V. Mahoney. Credit River Township, Scott County, Minnesota, describes the fraud.“There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents,and even judgments.” US vs Throckmorton, 98 U.S. 61. If the full disclosure is not made the period isextended for 3 years OR until the alleged ‘lenderstarts foreclosure. After examining the ‘loan’documents the borrower seeks remedy under UCC 1-201 (32)(34) to the Right of Recission as put forth inthis Notice of Cancellation. The ‘lender’ is required to cancel any security interest in the borrowers’property within 20 days. The penalty for a Bank that violates TILA and or other State and or Federal lawsis triple the amount that would be accrued by the Bank in fraudulently acquired valuable assets.Therefore the borrower offers to relieve
SECOND FEDERAL BANK
, and or assigns
of 
 
any and all liabilityfor fraud in exchange for relieving the ‘alleged’ debt owed to it by the borrower.
SEE attachedAddendum to these Notices, affidavit, and exhibit(s) A,B,C
 
Actual and Constructive Notice of Revocation of Power of Attorney
 
is hereby given to theTrustee, Beneficiary, and Lender that all signatures giving or presuming to give power of attorney on anydocuments signed with the named Trustee, Beneficiary, and Lender or their assigns are hereby revoked,rescinded and cancelled. All signatures I,
Jane Doe
have signed
on any documents
with theaforementioned parties that negate or diminish my interest and rights in the property are hereby revoked,cancelled and rescinded due to my recent awareness of the evidence of fraud.
Notice of Removal of Trustee and Beneficiary
 
is hereby given to the following parties:
 SECONDFEDERAL BANK
, and or any assigns, and
:
SUNNYSIDE FINACIAL CORP 
and any assigns, and
SECONDFEDERAL BANK
and or any assigns.Therefore, by
Actual and Constructive Notice
and order of 
Jane Doe
, Trustor of [Deed of Trust- Loan #499328281, 2006-0034702, May 24
th
, 2006], the above referenced TRUSTEE(s),
SUNNYSIDE FINACIALCORP
. and or any assigns, the BENEFICIARY(S),
 SECOND FEDERAL BANK
, and or any assigns, arehereby forever removed, released, cancelled and discharged from any authority to act, or duty to actunder the Deed of Trust noted above due to a breech of duty and fraud (see Addendum, affidavit, andexhibits A,B), and are also forever barred from any further appointments or assignments, originallygranted by the “Deed of Trust” described above and dated (May XX
th
,
,
2006).The above described Trustee, Beneficiary and Lender shall Cease and Desist from this moment on actingunder any authority with regards to the “Deed of Trust”.Appointment of the successor Trustee:By authority of the alleged borrower/Trustor to make changes in the Deed of Trust through Notices, theTrustor,
Jane Doe
appoints _______________to be the successor Trustee of the Deed of Trust- Loan #XXXXXX, recorders# XXXXXXXXX, MayXX
th
, 2006.I, ______________________ accept the position of successor Trustee as appointed by the Trustor 
.
CERTIFICATION
 ______________________________ ____________________________ Succesor Trustee Trustor/Granto
JURAT
State of CaliforniaCounty of ________________ Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _______________________, proved to me on the basis of satisfactory evidence to bethe person(s) who appeared before me. Notary Public Signature Notary Public Seal _________________________ 
 
From:Jane Doe To: 1 SECOND FEDERAL BANK OF CALIFORNIAXXXXXXXX XXX WILSHIRE BLVD., SANTA MONICA, 904XXXXXXXXX, California 2.SUNNYSIDE FINANCIAL CORP. BY: T D SERVICE CO[949XX] Non-domestic STE.XXX, SANTA ANA, CA.,92XXX
Addendum to: Notice of [Cancellation], [Revocation of Power of Attorney],and [Removal of Trustee and Beneficiary]
That I, oneJane Doe, a flesh and blood woman, one of the People of California, Sui Juris, hereafter known as the ‘borrower’, duly sworn in state that I, believe that:
1.
The Bank SECOND FEDERAL BANK OF CALIFORNIA, hereafter known as the ‘Bank’,operated in a similar manner to FIRST NATIONAL BANK of Montgomery, the plaintiff in theCredit River Decision, whereasSECOND FEDERAL BANK OF CALIFORNIA in collusionwith the FEDERAL RESERVE created the alleged ‘money’ that was advanced on behalf of the borrower from thin air by bookkeeping entry.2.The Bank willfully and maliciously led the borrower to believe the ‘money’ for the alleged ‘loanwas coming from the Bank’s accounts and as such the failure to re-pay the money loaned wouldcreate a potential for a loss of valuable assets to the Bank.3.The Bank did not disclose to the borrower that the signature of the borrower allowed the Bank tocreate the ‘money’ issued on the borrowers behalf.4.The subsequent ‘money’ created by monetizing the promissory note was never credited to the borrowers account and the Bank never disclosed the facts to the borrower detailing their acquisition of the ‘money’ through monetizing the promissory note.5.The Bank led the borrower to believe it was acting in ‘good faith’ with ‘clean hands’ and thealleged ‘loan’ documents were lawful binding contracts.6.The borrower was unaware and unschooled in the laws, and operation of the Banking industryand the Bank took advantage of this fact to fraudulently deceive the borrower.7.The alleged ‘loan’ document contract(s) are ‘ultra vires’, void by not meeting the lawfulrequirements of a contract, to wit: 1. A ‘meeting of the minds’ did not occur (full disclosure of the facts involved an the operation of the contract), 2. no valuable consideration was exchanged(there is no statute or law under the Constitution of the United States that allows for the creationof money by the Banks-see Art. 1, section(s) 8, 10) therefore the Bank did not present anyconsideration, while the borrower did promise to give something of value (their labor exchangedfor ‘money’),and did give their valuable ‘signature’ 3. There was no risk or liability on the Banks part because no money was ‘loaned’ and the Bank’s agent(s) failed to sign a wet ink signature onthe contract evidencing a commercial liability on their part.8.The Bank has started a foreclosure action against the borrower without first proving it has alawful right of claim.9.The Bank has failed to prove a lawful contract(s) exists, that if it did exist the contract(s) and or all documentation such as the promissory note, have not been brought forth to be examined, the bank has committed fraud by failing to provide the factual evidence of a claim upon which relief can be granted.10.The Bank did knowingly commit fraud upon the borrower the proof of which is the Bank’srefusal to have a flesh and blood man or woman acting as it’s agent sign the alleged ‘loan’documents and thus becoming commercially liable.Failure on the part of the alleged lender:SECOND FEDERAL BANK OF CALIFORNIA, hereafter known as the ‘Bank’, and or [it’s] assigns, the Trustee:SUNNYSIDE FINANCIAL CORP, and or [its’]assigns such as T D SERVICE COMPANY, the Beneficiary:SECOND FEDERAL BANK , and or [it’s]

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