Today’s Legal Research

19 Nov

From: Charles Cox [mailto:charles@bayliving.com]
Sent: Saturday, November 17, 2012 3:25 PM
To: Charles Cox
Subject: Today’s Legal Research

I found the following I thought interesting as it related to my own case:

As I contend America’s Wholesale Lender was NOT a corporation organized and existing under the laws of New York as stated in the Deed of Trust…

A deed transferred to a corporation having no legal existence does not pass title [Copeland v. Fairview Land (1913) 165 Cal. 148, 162, 131 P. 119; but see Lanktree v. Spring Mt. Acres, Inc. (1931) 213 Cal. 362, 365, 2 P.2d 338 (deed executed in favor of nonexistent corporation held to be valid when it was given to third party to be held until corporation came into existence and, subsequently, was delivered to and accepted by existing corporation)]. In California, a corporation attains legal status on the filing of its articles of incorporation. Once the articles have been filed, the corporation is an existing entity and can receive title to real property [Corp. Code §§ 200(c), 207; Cavin Memorial Corp. v. Requa (1970) 5 Cal. App. 3d 345, 353, 85 Cal. Rptr. 107.]

And, related to the bogus “verifications” sent with the discovery responses I’m contesting:

Presumption Exists That Documents Signed by Two Specified Officers Were Signed on Behalf of Corporation.

A statutory presumption exists that contracts and other specified documents, when signed by at least two specified corporate officers, were validly signed on the corporation’s behalf. This presumption applies unless there is a showing that the other person had actual knowledge that the signing officers had no authority to execute the instrument [Corp Code § 313]. The presumption applies to contracts signed by the chair of the board, the president, or any vice president, and any of the following officers [Corp Code § 313]:

•Secretary.

•Any assistant secretary.

•Chief financial officer.

•Any assistant treasurer.

The statute provides a conclusive, rather than a merely rebuttable, evidentiary presumption of authority on the part of the specified corporate officers to enter into the agreement [Snukal v. Flightways Mfg., Inc. (2000) 23 C4th 754, 782, 98 CR2d 1, 3 P3d 286].

The signature of one person is sufficient to bind the corporation if that person holds corporate offices in each of the two groups listed above, even if the instrument lists only one of his or her offices [Snukal v. Flightways Mfg., Inc. (2000) 23 C4th 754, 784, 786–787, 98 CR2d 1, 3 P3d 286].

Cal. Corp. Code

313. Subject to the provisions of subdivision (a) of Section 208,

any note, mortgage, evidence of indebtedness, contract, share

certificate, initial transaction statement or written statement,

conveyance, or other instrument in writing, and any assignment or

endorsement thereof, executed or entered into between any corporation

and any other person, when signed by the chairman of the board, the

president or any vice president and the secretary, any assistant

secretary, the chief financial officer or any assistant treasurer of

such corporation, is not invalidated as to the corporation by any

lack of authority of the signing officers in the absence of actual

knowledge on the part of the other person that the signing officers

had no authority to execute the same.

As indicated in my “meet and confer”… I don’t see “Assistant Vice President” or “Attorney-in-Fact” on the list, do you?

I also find this interesting as it relates to any of these bogus “corporate officers” these banksters seem to produce with such creative titles:

300. (a) Subject to the provisions of this division and any
limitations in the articles relating to action required to be
approved by the shareholders (Section 153) or by the outstanding
shares (Section 152), or by a less than majority vote of a class or
series of preferred shares (Section 402.5), the business and affairs
of the corporation shall be managed and all corporate powers shall be
exercised by or under the direction of the board. The board may
delegate the management of the day-to-day operation of the business
of the corporation to a management company or other person provided
that the business and affairs of the corporation shall be managed and
all corporate powers shall be exercised under the ultimate direction
of the board.
312. (a) A corporation shall have a chairman of the board or a
president or both, a secretary, a chief financial officer and such
other officers with such titles and duties as shall be stated in the
bylaws or determined by the board and as may be necessary to enable
it to sign instruments and share certificates. The president, or if
there is no president the chairman of the board, is the general
manager and chief executive officer of the corporation, unless
otherwise provided in the articles or bylaws. Any number of offices
may be held by the same person unless the articles or bylaws provide
otherwise.
 (b) Except as otherwise provided by the articles or bylaws,
officers shall be chosen by the board and serve at the pleasure of
the board, subject to the rights, if any, of an officer under any
contract of employment. Any officer may resign at any time upon
written notice to the corporation without prejudice to the rights, if
any, of the corporation under any contract to which the officer is a
party.
317. (a) For the purposes of this section, "agent" means any person
who is or was a director, officer, employee or other agent of the
corporation, or is or was serving at the request of the corporation
as a director, officer, employee or agent of another foreign or
domestic corporation, partnership, joint venture, trust or other
enterprise, or was a director, officer, employee or agent of a
foreign or domestic corporation which was a predecessor corporation
of the corporation or of another enterprise at the request of the
predecessor corporation; "proceeding" means any threatened, pending
or completed action or proceeding, whether civil, criminal,
administrative or investigative; and "expenses" includes without
limitation attorneys' fees and any expenses of establishing a right
to indemnification under subdivision (d) or paragraph (4) of
subdivision (e).

Just a few interesting things I found nosing around today…

Charles
Charles Wayne Cox
Email: mailto:Charles@BayLiving.com
Websites: www.BayLiving.com; www.FdnPro.com and www.ForensicLoanAnalyst.com
1969 Camellia Ave.
Medford, OR 97504-5403
(541) 727-2240 direct
(541) 610-1931 eFax

Paralegal; Litigation Support and Expert Witness Services; Forensic Loan Analyst; CA Licensed Real Estate Broker.

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