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Kader Reconveance Demand Letter Rev

Kader Reconveance Demand Letter Rev

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Published by PoppaKoppa

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Published by: PoppaKoppa on Sep 18, 2010
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09/13/2012

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Chief Financial OfficerAndrew Cecere,U.S. Bank National Association
800 Nicollet Mall Ste 1500
 
Minneapolis
,
MN
 
55402-7014
 Chief Financial OfficerCynthia SampayC-Bass LLC335 Madison Avenue Fl 19New York, NY 10017-4611
RE: Demand for reconveyance of title, and Notice of Rescission TRUSTEES DEED SALEof real property commonly known as, 7126 Ballinger Avenue, San Diego, CA, 92119APN # 457-710-04
Dear Sir and Madam,
Please be aware that instrument THE TRUSTEE’S DEED UPON SALE documentrecorded on December 4, 2009 by alleged “Equity Purchaser” C-BASS Mortgage LoanAsset-Backed Certificates, who is not to be considered as a bona fide equity purchaser, hasbeen voided as supported by the following attached documents; pursuant to HESPA andState Of California Civil Code 1695.14 (a) (b) (c) As supported by the following documents:1. Rescission by equity owner of Trustees Deed Upon sale and related exhibits2.Legal description of Property3.Rescinded Trustee’s Deed Upon Sale4.Declaration of broken chain of title by forensic auditor Charles J KoppaPursuant to California Civil code 1695.14
 
(a) In any transaction involving residential real property in foreclosure,
 
as defined in Section 1695.1, which is in violation of Section1695.13 is voidable and the transaction may be rescinded by the property owner withintwo years of the date of the recordation., of the conveyance of the residential real propertyas in foreclosure.
 
 Pursuant to California Civil Code 1695.13
 It is unlawful for any person to initiate, enter into, negotiate, or consummate any transaction involving residential real property in foreclosure, as defined in Section 1695.1, if such person, by theterms of such transaction, takes unconscionable advantage of the property owner in foreclosure."
This letter is being sent to inform all lenders, creditors, and any and all assignees or downstreamsuccessors in interest in the above referenced property , and Misrepresented Trustee’s Deed Upon Saledocument recorded on December 04, 2009 at the San Diego County Recorder’s office, that the equityowner, Stephen Kader, hereby Notices all above mentioned Parties, and any unknown persons claiminglegal or equitable right, title, estate lien or interest in the property located at
7126 Ballinger Avenue,San Diego, CA, 92119 APN # 457-710-04
as described in the attached exhibit A (legal description of the subject property) that equity owner Stephen Kader has repeatedly disputed the validity of thestanding of the purported owner of the debt, and the erroneous amount claimed on the mortgage debton the property by servicing agent, Litton Loan Service and therefore demands a Rescission of theFraudulent and misrepresented Trustees Deed Upon Sale Document and misrepresented ownershipinterest of purported the beneficiaries Trustee, US Bank National Association, who has not providedany evidence of standing, or addressed the creditors failure to substantiate a valid substitution of trustee, ownership of the note, and numerous other wrongful acts of misconduct and title fraud.
 
On July 19, 2010 at San Diego, California, Borrower Dana Kader, and Stephen Kaderwere informed by forensic auditor Charles J. Koppa of suspected title fraud by alleged“Equity Purchaser” C-BASS Mortgage Loan Asset-Backed Certificates, and TILAviolations inherent in the original September 19, 2006 sub-prime loan, solicited by OwnitMortgage Solutions and became aware and were informed of the full extent of theirinjuries due to the Truth In lending Violations, and the unsustainable and predatory natureof the above referenced mortgage loan due to 21 separate creditor violations of the FederalTruth in Lending Act. On July 19, 2010, Borrower Dana Kader, and Stephen Kader,became fully informed and were made aware of their injuries due to wrongful acts of prohibited creditor conduct and illegal debt collection tactics practiced by Ownit MortgageSolutions, and their mortgage loan servicer Litton loan Service and was further informedof a suspected title fraud committed by alleged “Equity Purchaser” C-BASS MortgageLoan Asset-Backed Certificates in partnership with the lender Ownit Mortgage Solutionswho funded and servicer Litton Loan Service who acted as a debt collector on the abovereferenced mortgage loan for the purpose of defrauding borrowers Dana Kader, andStephen Kader.Pursuant to A COMPLETE FORENSIC AUDIT AND IVESTIGATIVE REPORTPURCHASED BY STENPHEN KADER WHICH INCLUDES EVIDENCE OF BUT ISNOT LIMITED TO FOLLOWING TILA VIOLATIONS:
 A)A MISREPRESENTED SALE recorded on 12/04/09. B)No HUD One was issued to borrower.C)No 3 day right to cancel was delivered or signed by the borrowers. D)No Truth In Lending statement was provided to the borrowers. E)No good faith estimate was provided to the borrowers at signing.F)The adjustable nature of the loan was not disclosed to borrowers before thedocument signing.G)The amount of the monthly mortgage payments, exceeded the stated income othe in a clear breach of trustee responsibility to the borrower 
There is evidence of predatory lending fraud, as defined by the Federal Truth In Lending Act andtitle fraud as defined by the State of California Foreclosure Act; under State of California CivilCode 16.95.14 (a) , that governs transactions between State of California Equity Sellers andEquity purchasers, and Mortgage Debt Collectors who are often Investors, Financial and LendingInstitutions and State of California Homeowners in the process of foreclosure. The illegallyrecorded sale, clearly violates State of California Civil Code16.95.14 (a) and pursuant to all theabove, borrower, Stephen Kader hereby notifies all lenders, creditors, and any and all assigneesor downstream successors in interest in the above mentioned mortgage loan contract that their interest in the related promissory note has been extinguished, voided, and discharged by the borrower, Stephen Kader ‘s right of rescission, under Title 15 of the United States CollectionCode § 1635(b) and the applicable Statutes and Provisions of regulation Z in accordance with theTruth In Lending Act. In accordance with all the above, the creditor’s interest in the borrower’s real property commonly known as at
7126 Ballinger Avenue, San Diego, CA,92119 APN # 457-710-04
is now terminated.AUTHORITY: Trustors, may be permitted to allege a breach of the covenant. (see
Munger v.Moore, supra
, 11 Cal.App.3d at p. 8). Under the statutory scheme for non-judicial foreclosure,
 
the covenant of good faith is coextensive with respondents duty to conduct the foreclosure proceedings fairly, openly and in good faith. (See, e.g.,
 Baron v. Colonial Mortgage Service Co.
(1980) 111 Cal.App.3d 316, 323-324 Courts have also enunciated a duty of the trustee in theconduct of a sale itself. A sale under a power in a mortgage or trust deed must be conducted instrict compliance with the terms of the power. The sale must be made fairly, openly, reasonably,and with due diligence and sound discretion to protect the rights of the mortgagor and others,using all reasonable efforts to secure the best possible or reasonable price. That duty may thusfairly be said to extend to all participants in the sale, including prospective bidders. (see
 Block v.Tobin
(1975) 45 Cal.App.3d 214, 221 [trustee owes a duty to conduct the sale fairly and openlyand to secure the best possible price for the benefit of the trustor].)Pursuant to State of California Civil Code 1695.14 :(a) “In any transaction involving residentialreal property in foreclosure, as defined in Section 1695.1, which is in violation of Section1695.13 is voidable and the transaction may be rescinded by the property owner within two yearsof the date of the recordation of the conveyance of the residential real property in foreclosure.(b)Such rescission shall be effected by giving written notice as provided in Section 1691 to theequity purchaser and his successor in interest, if the successor is not a bona fide purchaser oencumbrancer for value as set forth in subdivision (c), and by recording such notice with thecounty recorder of the county in which the property is located, within two years of the date of therecordation of the conveyance to the equity purchaser. Borrower Stephen Kader March ishereby exercising her State of California, Federal RESPA rights and relief due to the defrauded borrowers under the Federal Truth in Lending Act, 15 U.S.C. § 1635, Regulation Z § 226.23, torescind the above referenced illegal sale of her home and property.Please be aware that where it is proven by a preponderance of the evidence that an EquityPurchaser, Mortgage Loan Creditor, Debt Collector, Financial or Lending Institution is found to be liable for Financial Fraud and Predatory and Commercial Lending Abuse and where it is proven by clear and convincing evidence that Equity Purchaser, Mortgage Loan Creditor, DebtCollector, Financial or Lending Institution has been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse, the defrauded borrower may be entitled to trebleddamages, in addition to reasonable attorneys fees and costs and all other remedies otherwise as provided by law.In accordance with all the above: Please consider this communication as borrower StephenKader’s Qualified Notice of Rescission of an illegal and unauthorized sale of his home and property and of the cancellation of the borrowers note, and be advised that your interest in the borrower Stephen Kader’s property is now void per 15 U.S.C. § 1635; Regulation Z § 226.23and you have twenty-days to terminate all security interest in the borrower’s home and free andclear Stephen Kader’s title to his home at located at
7126 Ballinger Avenue, San Diego, CA,92119 APN # 457-710-04
.In addition please consider this letter as a
Qualified Written Request for Information
andaccountability and provide the
7126 Ballinger Avenue, San Diego, CA, 92119 APN # 457-710-04
with accountability and substantiation of your standing to collect the debt, and for all payments and reinstatements made to date, or in short any evidence supporting the principal balance erroneously claimed by Litton Loan Service and/or any supportive documentationregarding your standing as holder in due course of the note or any name and contact informationas to the borrower’s true creditor and provide the true creditor’s contacts information and correctaddress.

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