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CA Attorney General Files Amicus Brief for Homeowners Robo-signing Fraud Forgery TILA Rescission

April 27, 2015

What a helpful document: AmicusBrief.pdf

The CA Attorney General and her staff has written a brief supporting homeowers that summarizes CA homeowner protection codes, reviews 38 wrongful foreclosure cases with legal opinions about the case rulings, and ends with this summary: "The Court should hold that homeowners may bring a wrongful foreclosure action on the basis that the party foreclosing on them lacks the power to foreclose because they do not own the debt, either due to an allegedly void assignment or for any other legally cognizable reason."

In the brief, California Civil Code list (item 1.B on p11) addresses a range of misconduct in the mortgage industry:

  • restriction on "dual-tracking" (§ 2923.6)
  • requiring a single point of contact for homeowners (§ 2923.7)
  • requirement of "competent and reliable evidence" - anti-robosigning protection (§ 2924.17)
  • private right of action to enforce protections (§ 2924.12)

New CA Civil Code sections are listed on p12:

  • homeowners can request a copy of the original promissory note and applicable assignments (§ 2923.55(b))
  • foreclosing party must be the "holder of the beneficial interest" in the debt (§ 2924(a)(6))

Item II.B on p16: "A defect in the chain of title that renders a debt assignment void is one way in which a foreclosing party may lack the lawful authority to foreclose."

To me, this brief seems to be very strong legal support for winning in court that a robo-signed Assignment is void and cannot be used to prove debt ownership, which debt ownership must be proven to legally foreclose.

Here is work I've done to date on robosigned documents: http://hofj.org/default.asp.pg-Forgery

And it seems to me that this Amicus Brief would be extremely helpful in a TILA Rescission lender compliance lawsuit, particularly a quiet title action where debt ownership must be proven by the lender for the debt to remain as a lien on the property: http://hofj.org/default.asp.pg-Rescission.

 

Back to April 2015 Archive

 

CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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