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Homeowners RENTING Their Home - Rufini v. Citimortgage - Respondent's Motion for Rehearing Denied

July 28, 2014

Where are you registered to VOTE?

Use the Mortgaged home's address; even if you move continue to use that address go vote in the precinct of the mortgaged home.

What is the address on your drivers' license? Continue to use the mortgaged home's address on your drivers license.

In CA you can create an online account (with your email address) and PAY FOR EVERYTHING ONLINE with electronic check from your bank account or credit card. (renewal of car registration & licenses)

Utilities in your name? Keep utilities in your name; tenant can reimburse you for utilities each mo when they pay the rent

What address do you use on federal & state income tax returns? Use mortgaged home's address as primary residence reserve a right to use the guest house, or a bedroom, or wing of the mortgaged home if you rent it out you can write the lease such that they are SHARING the property with you as owner

Order new business cards printed with ONLY your email address & cell phone no --- BUT NO ADDRESS on them

Do not change your address on credit cards - use the mortgaged home's address & print your own credit report 2x/yr

Keep mortgage home's address on all credit cards; change acct to "online" with email notification of stmts online pay monthly balances online with electronic checks;

GET A PO BOX in same zip code as mortgage home, using morgaged home's address to register the new PO BOX

If you do not want MAIL going to your mortgaged home's physical address, go to local post office and get a PO BOX.

You will have to register an address when you rent the box; use the mortgage home's address and do no change it.

Pick you mail at the po box periodically or have a relative or friend pick it up and mail it to you.

ALL OF THE ABOVE WILL PROVIDE EVIDENCE THAT YOUR "PRIMARY RESIDENCE" IS THE MORTGAGED HOME, REGARDLESS OF WHERE YOU MIGHT BE TEMPORARILY--- "INTENT TO REMAIN" is the KEY ARGUMENT TO USE

It is just like a college student who uses the dorm address but has "no intent to remain" at that address permanently.

Even if you physically reside elsewhere, and it can be proven, you must argue you had NO INTENT TO REMAIN THERE.

Your "intent" was always to return to your PRIMARY RESIDENCE.

PLEASE NOTE HOW CAL APPELLATE COURT (FIRST DISTRICT) denied rehearing on overruling demurrer HAMP MOD

KEY LANGUAGE BELOW: (see PDF)

"At pages 7-8, replace the paragraph beginning with “CitiMortgage’s assertion” with the following: CitiMortgage’s assertion that Rufini was ineligible for a HAMP modification because he was not living in his home at the time is also unavailing on demurrer. The HAMP guideline cited by CitiMortgage, Directive 09-01, specifies only that the home must be the borrower’s primary residence, as evidenced by tax returns, credit reports and other “reasonable evidence . . . such as utility bills in the borrower’s name.” Rufini’s allegation that he was renting out his home at the time suggests he may have difficulty prevailing on a HAMP-related contract claim. But it does not establish as a matter of law that he will be unable to prove an actionable breach, and it is not our task at this juncture to determine whether he will ultimately be able to do so. (See Chavez, supra, 219 Cal.App.4th at p. 1057.) There is no change in the judgment. Respondent’s petition for rehearing is denied."

You must always state one step ahead of the banksters never-ending arguments to defeat you!

 


------------------------------------
Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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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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