The Notice of Default Was Recorded at the County, Then Mailed out to Alleged Borrower
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The process I used when issued a Notice of Default by Recon Trust (the enforcement arm of Bank of America). Everything in Brackets is info only
The Notice of Default was recorded at the County, then mailed out to alleged "borrower".
The "Borrower" sent a QWR and DEBT VALIDATION LETTER (see attached) by certified mail , proof of service to the registered agent for service of process if available to the men and women that are the owners or CEO of the company and NOT the Company itself. So delivery confirmation was added to the letter and sent to:
James Coffrini C/O SiERRA PACIFIC MORTGAGE C/O National Registered Agents, Inc. 2875 Michele Drive, Suite 100, Irvine, California (and I got the delivery confirmation sticker stamped at the post office showing a date it was entered into the post office.
FANNIE MAE C/O 3900 Wisconsin Avenue, North West, Washington, D.C. 20016-2892
Bill Beckman C/O MERS C/O 1818 Library Street, Suite 100, Reston, Virginia
Charles Noski C/O Bank of America, N.A., C/O 100 North Tryon Street, Charlotte, North Carolina, 28255
Johnathan Jackson (or CEO of RECON TRUST) C/O RECON TRUST CO. , 1800 Tapo Canyon Road, Simi Valley, California [the party signing the NOTICE OF DEFAULT]
These presentments were made timely as the NOTICE OF DEFAULT filed with the County Recorder gives you 30 days to make it right or dispute it. These were done before the 30 days were up.
Next after no response after about 40 days (the Debt Validation letter gives 30 days to rebut the statements) a presentment titled NOTICE OF FAULT and OPPORTUNITY TO CURE DISHONOR was sent to each and every party named above. It was an affidavit citing the mailings and lack of rebuttal. Finally a AFFIDAVIT OF: FINAL DEFAULT/ & ESTOPPEL/ & CANCELLATION OF DEED OF TRUST was sent in the style the first presentments was made. Each of these presentments were notarized affidavits. The FINAL DEFAULT was done on December 5th, 2012 A.D.
A NOTICE OF INTENT TO PRESERVE AN INTEREST was filed with the county recorder (who refused, even though it is listed as a recordable document in the California Recorders Manual. It stated the the party was making the following described interest in land and buildings, lawfully aquired from John Doe (the party who issued the "Grant Deed" to the new owner). The claim that the party was the sole owner and that no lien was owed by John Doe or JOHN DOE on the land and buildings. The evidence was attached as exhibits A,B,C,D, and E and made part of "this document". The attachements were the Debt Validation letter (A), the NOTICE OF FAULT (B), the AFFIDAVIT OF FINAL DEFAULT (C), a certified copy of the Grant Deed with a hand written across it "I , John Doe, accept this grant deed from Bob Roe (original grantor) as sole owner of the land and buildings at the property known as 2338 Sunnyside Drive, Alameda, California. Dated 12/15/12 autographed John Doe and "adults witnessed by: autograph first adult and autograph second adult (this was Exhibit D). And exhibit E was a County recorders certified copy of the DEED OF TRUST with the stamp placed upon each page cancelling it for breech , failure to disclose, produce documents, comply with laws , fraudulent inducement to part with value, failure to identify source of funds, true lender, default of showing facts supporting proof of claim.
The following week after confering with county counsel the Recorder called to say come on down and record it. I gladly did and sent all the parties a copy of the cover page so they could do their due dilligence and see for themselves.
On February 25th RECONTRUST filed a NOTICE OF RECISSION OF DECLARATION OF DEFAULT AND DEMAND FOR SALE AND OF NOTICE OF FAULT AND ELECTION TO SELL into the County recorders office, thus nullifying their previous filing.
From a legal standpoint this is over. Well see. There is no accounting for honesty with those that practice the art of deception (attorneys).
REMEMBER proper service and timely disputing the facts is everything. You want court admissible evidence and publicly recorded documents are the highest and best form of court admissible evidence.
Only usually they are the ones using it against you, as they don't want to have to testify to anything.
You can watch my video on immafreemann on youtube showing the reasons why you did not recieve anything of value from any bank and why they can't claim to be the holder in due course of a security instrument without the wet-ink signed DEED OF TRUST or MORTGAGE And, AND, and, the wet-ink signed promissory note AND they can never have parted ways for an instant.