eviction defense court documents

11 Jul

briefsamended ud answer

CABESAS-MOTION LIMINE

Cabesas-Notice and demrrure to complaint

Cabesas-Notice and Demurrer to cmplaint

CAPARAS, Herm UD Plaintiff’s MSC Brief

Dancy+Opening+Brief

Dancy+Opening+Brief-1

defendant michelle cabesas special interrogaroties to plaintiff fannie mae national association

Exerpts+from+1161a+UD+appellate+brief

Motion to Consolidate P & A

notice of demurrer to complaint

Notice of Motion to Consolidate

our points and authorities re mot to consol

plaintiff’s responses to request for admission- genuineness documents

CAPARAS, Herm UD Plaintiff’s MSC Brief

EXHIBITS COMPILATION
declaration of timothy mccandless in opp to mtn for summ judg
SEPARATE STATEMENT OF DISPUTED FACTS
EVIDENTIARY OBJECTION TO DECLARATION OF MAC JOHNSON

Cabesas-Notice and demrrure to complaint

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10 Responses to “eviction defense court documents”

  1. David December 14, 2010 at 8:33 am #

    I’m an electrical contractor. I’ve run my own company for over 25 years. These last two years have proven extremely difficult for my industry. I’m facing foreclosure soon so I’ve been meeting with lawyers and others, trying to find a way to save my home, which I bought in 1999. Work is picking up but the bank isn’t going to help me out.

    I met with one woman who says she can get my house free and clear. She says she can also get additional money for damages.

    To do this, she wants 30% interest in my house – which I can pay to her over 30 years. In addition, I’m required to pay a membership fee of $2500 down then $750 per month until process completed – usually 6-12 months.

    Is this for real? Is this reasonable? Is it legitimate? I’m a Vietnam Veteran and tired of getting ripped off. The bank has been giving me the run around for over a year, saying they’re going to help me do a modification but then reversing their decision after stringing me along all this time.

    If I were to look for an attorney to do this, what kind? Can you help me?

    Thanks,

  2. Abby in CA May 23, 2011 at 1:39 pm #

    Tim or any other attorney–how can a homeowner who has a UD but is still in home fighting deal with the judge who says unless you tender (for your wrongful foreclosure count) you cannot move ahead with wrongful foreclosure because of recording irregularities. They won’t even consider the recording irregularities….they just talk about the tender.

    All help appreciated.

    • timothymccandless August 22, 2011 at 7:41 pm #

      THE SALAZAR CASE IN SAN DIEGO SHOWS THE WAY IN A CHAPTER 13 YOU COULD TENDER AND SHOW EQITABLE TITLE

  3. Forrest Hazzard July 30, 2011 at 11:34 am #

    I fought the Trustee in San Diego Cal-Western Reconveyance their attorney Moss Pite Duncan and Lewin from El Cajon and the courts in four sperate actions against Ocwen
    Recently I came aacross the following documents placed on my old Zillow home profile aHad to send this to you it was placed on my Zillow profile by CalWesterns Attorneys recently

    Case No.: GIE 035214 Department 15

    Motion to Strike Entire Pleadings based upon Defendant as an agent of MERS and Ace Securities Failure to be lawfully licensed pursuant to Bus & Prof. Code Sections 17910 and 17910 MERS [Mortgage Electronic Registration Systems Inc] Doing business upon a suspended Fictitious Business name Statement Ace Securities having no filed statement Plaintiff cites CCP sections 435 and 436 specifically section B of 436 as lawful grounds for granting motion.
    Hearing:
    Date: May 4, 2007
    Time: 09:00AM
    This Motion to Strike will be made on the grounds that MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS) named as beneficiary both within the original recorded deed of trust as put forth above and under the filed Notice of Default [Document 2006-0243629] and stated therein as Mortgage Electronic Registration Systems Inc as Nominee for Ownit Mortgage Solutions Inc as beneficiary of the notice of Default is a suspended corporation pursuant California Corporations Code §2205 and California Revenue and Taxation Code §§ 23301, 23301.5 and thus lacks the capacity to prosecute, defend, or appeal any cause of action in a court of law; that MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (MERS) has neither been revived, nor is in substantial compliance with the policy requirements for reinstatement; [that defendants having passed the point of no return within the Non-Judicial Foreclosure proceedings the sale could not benefit from revival of MERS as a corporate entity in that the question currently before the court is was MERS a legal/lawfully licensed corporation or a suspended corporation doing business illegally within California at the time it took these actions against plaintiff. That counsel for Cal-Western Reconveyance Corporation and Ocwen Financial Services Inc [having done business through MERS and having lawfully prepared the Notice of Default and having recorded it bearing MERS as beneficiary of the Non-Judicial Foreclosure process] having transacted business unlawfully in violation of Business and Professional Code Section 17910 with a corporation suspended under Corp Code section 2205 and initiating a non-judicial foreclosure proceedings against plaintiff based solely upon the filed notice of Default as filed naming MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS) as beneficiary and having foreclosed upon a Deed of Trust recorded as document 2005-0167723 on March 01, 2005 in book XX page XX official records in the office of county recorder of San Diego County California failed to adequately investigate the corporate status of this party its client, and/or has violated California Business and Professions Code 17918 and § 6068(d) and have mislead the court into believing that MERS and its agents were authorized to do business within the state of California when these entities were in violation of California Revenue and Taxation Code section 22301, 22301.5, 23305 and by misleading the court as to MERS DBA
    pparently the Judge Jan GoldSmith one of four judges did not like being removed as a Judge [I also sued Chief Justice Ronald George and Presiding Judge Exharos] [by the FBI and US Attorney who I went to with 27 seperate Judicially Noticed Determinations of Fact from the court of Judge Laura Hlagren September 17 2007] It has been established that MERS had been suspended as a California business entity in 2004 by official order of the Secretary of State and Franchise Tax Board and the documents are still in my files that MERS was a Delaware Entity doing business illegally in violation of BP 17910 Corp Codes 2203C and 2105 and was prohibited from bringing any court actions under BP 17918 as a judge [He was one of four and wrote it as best as can be determinedHSBC [Finance company agrees to pay $484 million in lending case SACRAMENTO, Calif. – Household International Inc., one of the nation’s largest lenders, will pay $484 million to settle illegal lending allegations by state attorneys general and state financial regulators, California officials said. ] ]and MERS on a loan made by Ownit Mortgage [whose fate most of you saw in CNN House of Cards] starting in 2005 I had four trials in the court of El Cajon California and presented 2 determinations of fact that Ace Securities [A Chinese Shadow bank formed in Delaware] that according to Paul Cox and Mary Shapiro Heads of the SEC Enforcement and 85,000 Illegal Trust Filings totalling 39 Trillion Dollars where Ace was never authorized and was prohibited from conducting even one business transaction having been found in August 2007 by the Delaware Secretary of Banking Robert Glenn of having failed complied with Delaware code section 733 which states The State Banking Commissioner has not issued any document evidencing compliance to the following state law requirement:

    This corporation would appear to be in violation of the following laws:

    No corporation shall begin the transaction of business until a certificate has been granted. (38 Del. Laws, c. 94, § 10; Code 1935, § 2379; 5 Del. C. 1953, § 733; 57 Del. Laws, c. 740, § 19A.)

    As it relates to the following entity incorporated in the State of Delaware

    CERTIFICATE OF INCORPORATION OF ACE SECURITIES CORP.

    The undersigned, for the purpose of organizing a corporation under the General Corporation Law of the State of Delaware, does hereby certify:

    FIRST: The name of the corporation is ACE Securities Corp. (hereinafter called the “Corporation”).

    SECOND: The address of the Corporation’s registered office in the State of Delaware is 15 East North Street, Dover, Delaware 19901, in the County of Kent. The name of its registered agent at such address is Vanguard Corporate Services, LTD.

    THIRD: The purpose for which the Corporation is organized is to engage in only the following activities:

    (a) to authorize, issue, sell, deliver, purchase and invest in (and enter into agreements in connection with), and/or to engage in the establishment of one or more trusts (each, a “Trust”),

    The State Banking Commissioner has conducted a detailed review of the records in its possession and finds no evidence of compliance to the following state law on behalf of Ace Securities Corp

    The Acting General Counsel of the DFI for California after reviewing the Certificate of Incorporation has responded to me by letter and stated the following:

    that he can find no endorsement made by the banking commissioner of your state upon the following articles

    Witness my official signature hereunto subscribed, and the great Seal of the State of Delaware hereunto affixed, this……… . day of…….. . in the year… . (the date of the filing of the articles of organization).

    (b) The Secretary of State shall sign the certificate of incorporation and cause the Great Seal of the State to be thereto affixed and shall deliver the same to the corporation together with a certified copy of the articles of organization and the endorsement of the State Bank Commissioner thereon, upon payment of the costs and charges therefor. A certified copy of the certificate shall be kept on file in the office of the Secretary of State with the articles of organization, and the certificate together with the articles of organization and the endorsement thereon of the State Bank Commissioner shall be recorded in the office of the recorder of deeds for the county in which the place of business of the corporation is to be located.

    (c) The certificate or a copy thereof duly certified by the Secretary of State, together with a certified copy of the articles of organization and the endorsement thereon of the State Bank Commissioner, accompanied with the certificate of the recorder of deeds for the county wherein the same is recorded under his or her hand and the seal of his or her office, stating that the certificate and articles of organization have been recorded in the office of the recorder, or a copy of the record duly certified by the recorder, shall be evidence in all courts of this State. (38 Del. Laws, c. 94, § 9; Code 1935, § 2378; 5 Del. C. 1953, § 731; 57 Del. Laws, c. 740, § 19A; 70 Del. Laws, c. 186, § 1.)

    Once again if this can be established by fax on official letterhead then please create that fax and fax it to me at 858-268-9695 and that will conclude our business.

    These facts were already delivered to me in an official letter from the General Counsel of the California DFI [Dept of Fin Investments] but he is not a government official of the state of Delaware. This would simply be make weight [as I have so many certificates from other agencies stating noncompliance to California Licensing laws and regulations} It would be attached to my demurrer as an exhibit used to support an administrative determination of this fact compliance to sections 731 through 733 of the state code of Delaware

    Would the following statement be an accurate state

    that the State Banking Commissioner has not authorized by charter Ace to conduct a trust business under sections 731 through 733.

    If I may ask for an administrative determination of compliance to the same sections as above made upon another Delaware Incorporated entity This entity is known by the name of

    MERS [Mortgage Electronic Registration Systems Inc]

    • Kelly Bates August 23, 2011 at 7:22 am #

      Forrest…………. I have had previous dealings with Cal-Western Reconveyance via Pite-Duncan attorneys. Did not deal with MERS issue, but with their possible lack of standing. After Wells Fargo foreclosed on home and subsequently sold to FHLMC at Trustee Sale while accepted Forebearance Agreement in force. Not real sure on Cal-Western’s involvement, however, they were added as Substitute Trustee later. Anything you might know on this matter is appreciated.

  4. Kelly Bates August 22, 2011 at 10:48 am #

    Mr. McAndless,

    What is your take on recent Cal AG filing action against Kramer-Mitchell ? Are they legitimate or do you think this course of action warranted ? Thank you.

    • timothymccandless August 22, 2011 at 7:29 pm #

      THEY COULD HAVE A LEGITIMATE CAUSE OF ACTION.
      THE BIG FIVE LENDERS SAT AROUND A TABLE SOMEWHERE AND PLANNED FOR THE INFUSION OF CAPITAL AND THE PUMPING OF THE REAL ESTATE MARKET IN AN UNPRECEDENTED AMOUNT. SEE THE DOCUMENTARY “INSIDE JOB” ACADEMY AWARD WINNER FOR A DOCUMENTARY. AT SOME TIME THEY KNEW THAT THEY WHERE GOING TO STOP THE MUSIC AND THERE WOULD BE NO CHAIRS TO SIT IN ONCE THE MUSIC STOPPED.
      THE KRAMER LAWSUIT IS ABOUT THIS FRAUD PERPETRATED ON THE AMERICAN TAXPAYER. THE PROBLEM IS IT WAS SOLD AS A FORECLOSURE DEFENSE METHOD WHICH IT IS NOT. THE OTHER PROBLEM IS THAT AN ATTORNEY NEEDS TO HAVE A RELATIONSHIP WITH HIS CLIENT TO DIRECTLY REPRESENT THE CLIENTS INTEREST. WITH OVER 10,000 CLIENTS AND 55 MILLION IN FEES THIS WOULD BE IMPOSSIBLE TASK. I BELIEVE THIS IS WHERE THE FALSE ADVERTISING ISSUE PRESENTS ITSELF.

  5. Kelly Bates August 23, 2011 at 7:13 am #

    Thank you Mr. McCandless for your direct and informative reply.

    I have seen ” Inside Job ” documentary——– scary.

  6. Kelly Bates August 28, 2011 at 11:05 am #

    Mr. McCandless …………….. I read your piece on securitization 92%, and, had question. Prior to our house being sold at Trustee Sale we received Notice of Substitution of Trustee, and, then even though under in-force Forbearance Agreement with loan servicer, the bank sold house to FHLMC. (The house was under Freddie Mac). Two issues we are concerned about: One, could the Substitution Of Trustee have been improper and would there be grounds for Foreclosure fraud, and, second, we just received notice to vacate from sheriff, and, have to be out of house by this Wed. 8/31.

    If you have any suggestions or advice, we would be very grateful. Thank you.

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