Separation of Note and Deed of Trust

16 Aug

From: Charles Cox [mailto:charles@bayliving.com]
Sent: Wednesday, August 15, 2012 7:06 AM
To: Charles Cox
Subject: Separation of Note and Deed of Trust

From Attorney Dan Hanecak,

Today I was told by Judge Brown of the Sacramento County Superior Court that Civil Code 2936 does not apply to deeds of trust because the statute states mortgage. I was also told that Carpenter v. Longan did not apply to the statutory framework of Section 2924 and the nonjudicial foreclosure scheme. I pleaded that the security instrument follows the note and is unenforceable if it is separated to no avail.

I do like Judge Brown, so this is by no means an attack on him, but it took me only 10 minutes of research to prove that I was right.

Friggin newbies.

See attached research.

Regards,

Dan

Separation of note and DOT.doc

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4 Responses to “Separation of Note and Deed of Trust”

  1. Deadly Clear August 16, 2012 at 9:43 am #

    Check his Disclosure Statement… It may answer why he is so he’ll bent on being dense.

  2. Duh August 16, 2012 at 10:19 am #

    So what!? If youre ruled against then what does the truth matter? The real question is have you started an appeal or will you roll over?

  3. martha August 16, 2012 at 12:37 pm #

    Well if the two do not go together then would it not be fraud for selling me a mortgage note that is not a mortgage………and for misleading a person into thinking they are paying for a mortgage?????

    • Ran over by charlie October 7, 2012 at 7:45 pm #

      I have a similar situation. A man sold me a home with owner financing did not provide a deed of trust which is required in this state, did not record the mortgage, and I just found out he has a Fannie mae which is not assumable on the property. And get this, which I said no more funds til I have the proper paper work he threw me out by illegal eviction, he took it into his own hands while i was at work. My clothing were thrown by the roadway. He stole my belongings, and changes the locks. I have a home with 25k down and mortgage payments of

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