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COMMENTARY ON ABIGAIL FIELD'S DEC 2 2011 ARTICLE ON REALITY CHECK -CONFRONTING THE NAKED EMPERORS - NEW CENTURY MORTGAGE AND HOME123 CORPORATION

COMMENTARY ON ABIGAIL FIELD'S DEC 2 2011 ARTICLE ON REALITY CHECK -CONFRONTING THE NAKED EMPERORS - NEW CENTURY MORTGAGE AND HOME123 CORPORATION

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Published by: 83jjmack on Dec 03, 2011
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12/05/2014

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COMMENTARY BY AB CARR DEC. 3, 2011
Ms. Field has written an excellent article. As one who still has before the Delawarebankruptcy court, the very issue of an assignment by Home123 Corporation to U.S.Bank, dated, notarized and signed some 14 months after allegedly Home123Corporation sold my loan to Chase, I want to also write about my first- hand knowledge.During informal discovery & at other court hearings the New Century Liquidating Trustand its Trustee Alan Jacobs, who is represented by Hahn & Hessen of NYC, hasrepeatedly stated that Home123 Corporation & New Century Mortgage Corporationperformed these assignments ‘in blank’. Meaning they were allegedly signed, and in myexample it was a squiggle allegedly made by one Steve Nagy, VP of Records at boththose companies, and it was notarized, again in my case it was by an employee-notaryof Home123 Corporation. I was also told that, in discovery, that Steve Nagy left thosecompanies in December of 2007, so he really should not be signing anything beyondthat date. Much of the other information on those assignments was filled in bysomebody else---since they were ‘assignments in blank’ of the mortgage or deed.Now, in California, the laws are such that assignments in blank are illegal & I believethat is true in many other states as well. My best advice is to check with a lawyer.Of greater import to explore is the situation with the Home123 Corporation & NewCentury Mortgage Corporation in house employee-notaries. I have discovered that thenotary-employees of those companies were California commissioned notaries. ByCalifornia Notary Law, they are to keep a single line item entry of each document theynotarize in their Notary Journals. Also under the same laws, every property relatednotarization is to have the fingerprint of the person who signs the document, such as anassignment of deed or mortgage, entered into the notary journal on the same line asother data on the person who signs the document.Also, when the notary journal is completed or the notary is no longer commissioned tobe a notary (expiration of commission etc.), then, again under California Notary law, thenotary is to turn the journal in to the California county where the notary is commissioned(look on the notary stamp for that information). Thus the journals for the employee-notaries of New Century Mortgage and Home123 Corporation should be at the OrangeCounty Recorder’s Office in California. Any person who has a property relatedassignment which was notarized by a California notary, is entitled by law, to request acopy of the page of the notary journal related to the document and this is for a nominalfee of around .30 cents a page.The catch is this---after my own detective work, I discovered that the notary whonotarized my assignment had never turned in the notary journal to the Orange CountyRecorder’s Office, nor did the New Century Liquidating Trust or the bankruptcy trusteehave it. Where was it? Again, after much research, I actually located the notary. Thenotary told me that he only had one page in his journal but that he did hundreds ofnotarizations per day! He did not have any entry in his notary journal for myassignment. He indicated that all the notary-employees of New Century Mortgage andHome123 Corporation did their notarizations the same way, meaning no entries in their
 
 journals. What does this mean? It means that the documents they notarized would beinvalid and their acts are illegal.Keep in mind that I have examined recorded assignments by Home123 Corporation andNew Century Mortgage in multiple states and I have seen the signature and names ofthe employee-notaries of New Century Mortgage and Home123 Corporation onhundreds of these assignments, from Florida to California.In non-judicial foreclosure states, such as California, the entire foreclosure process isbased solely on what is recorded at the county recorder’s office, such as the Deed oftrust, any assignments, any substitution of trustees, Notice of Default, Notice of Sale,Trustee’s Deed Upon Sale etc. Having an invalid and illegal notarization and/or anassignment of deed done in ‘blank’ should provide some solid evidence of fraud whichthe homeowner/borrower could use in a lawsuit. From some of my friends, I do knowthat they are being evicted here in California and they have provided to the courts theevidence of either notary fraud, assignment fraud or forgeries.Ms. Field has a link below to ‘blog post’ (not mine) and it takes one to a Fox Rothschildlaw firm who is blogging about two pro se homeowners and their recent settlement withNew Century. One of them is myself. Yes, I did get a cash settlement, however, I amnow fighting to re-open my Adversary Proceeding against the New Century LiquidatingTrust since I have discovered new evidence and I was misled by the trust about theSteve Nagy signature. I am adamant that my loan NEVER left the bankruptcy estate atall due to the fraudulent notary act and other factors. Here is the link to the transcript ofmy oral argumenthttp://www.scribd.com/doc/69423026/RED-HERRINGS-MOLES-A-FEISTY-ORAL-ARGUMENT-BY-HOMEOWNER-TRANSCRIPT 
There are also some interesting Global Orders by Judge Carey up in thatDelaware bankruptcy, which by the way, was filed on April 2, 2007.Read how those Global Orders were used in this foreclosure case:
EUSTAQUIO N. UY, Plaintiff, v. WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGELOAN TRUST, SERIES 2006-NC2 ASSET-BACKED PASS-THROUGH CERTIFICATES; NEW CENTURYMORTGAGE CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; DOES 1-20,Defendants.Civ. No. 10-00204 ACK-RLPUNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII2011 U.S. Dist. LEXIS 33629March 28, 2011, DecidedMarch 28, 2011, Filed
 
When I testified at my evidentiary hearing last April, I brought the EustaquioUy case & decision to Judge Carey’s attention. Ms. Marks and I both filedlegal documents citing the Uy case. After much flurry & some emergencyfilings by the bankruptcy trustee’s attorneys from NYC, the judge made re-interpretation of his global orders from several years prior!!Here is the link to the 2008 blanket global orders by Judge Carey
http://www.scribd.com/doc/52965973/HAS-THE-DOOR-BEEN-OPENED-FOR-ALL-VICTIMS-TO-SUE-THEM-2008-BLANKET-LIFT-STAY-ORDERS-BY-JUDGE-CAREY-IN-NEW-CENTURY-MORTGAGE-HOME123-CORP-CHPT11 Here is the link to the 2011 re-interpretation by Judge Carey on his 2008 blanket globalorders regarding the lift stay ----http://www.scribd.com/doc/74598553/May-25-2011-Order-Re-Interpretion-of-Juge-Carey-s-2008-Global-Orders-in-the-Matter-of-New-Century-Mortgage-Home123-Corp-bankruptcy Here is the link to the Hawaii Uy case:http://www.scribd.com/doc/74599098/Hawaii-Case-Uy-v-Wells-Fargo-Carrington-New-Century-Mortgage IF YOU WOULD LIKE TO SIGN A PETITION TO AG KAMALA HARRIS, PLEASE LINKHERE:HTTP://WWW.CHANGE.ORG/PETITIONS/TELL-AG-KAMALA-HARRIS-TO-INVESTIGATE-GET-AN-INJUNCTION  ______________________________________________________________________ REALITY CHECK
 
CONFRONTING THE NAKED EMPERORS
 
CA AG HARRIS (AND OTHERS):
 
WHERE ARE THE SEARCH
 
WARRANTS?
 

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