[Occupymendocino] Fwd: Fwd: RE: MA fraud law
Agnes Woolsey
agnes at mcn.org
Tue Nov 27 11:00:55 PST 2012
Here's a law that the Recorder of Deeds could enforce when a bank's
foreclosure documents appear to have the name of a known robosigner.
The recorder could then send an Affidavit of Authority (truthfulness)
to the bank requiring a signature as a condition to adding the document
to the deed. The penalties for fraud are attached. If no Affidavit is
returned the Recorder does not have to record the foreclosure, in effect
this is a de facto moratorium on the foreclosure. This is a CA law.
Each Occupier could send a similar question to the Board of
Supervisors-addresses attached. They have oversight over the Recorder
and could call her to task. Please use your power to pressure the B.O.S.
to do their job.Enforce the law, CA Penal Code 115.
Respectfully,
Agnes
-------- Original Message --------
Subject: Fwd: RE: MA fraud law
Date: Fri, 23 Nov 2012 20:16:34 -0800
From: Agnes Woolsey <agnes at mcn.org>
To: ranochas at co.mendocino.ca.us, hamburgd at co.mendocino.ca.us,
"SmithK at co.mendocino.ca.us" <SmithK at co.mendocino.ca.us>,
browncj at co.mendocino.ca.us, pinchesj at co.mendocino.ca.us
Dear Board of Supervisors and Recorder, Please see the, Section 115 of
the CA Penal Code. Why is it not being enforced?
-------- Original Message --------
Subject: RE: MA fraud law
Date: Tue, 20 Nov 2012 15:25:30 -0600
From: CJ Holmes <cjholmes at cjholmes.com>
Reply-To: foreclosurepreventionzones at googlegroups.com
To: foreclosurepreventionzones at googlegroups.com
<foreclosurepreventionzones at googlegroups.com>,
california-occupy-homes at googlegroups.com
<california-occupy-homes at googlegroups.com>
the highlighted text in MA law is their penal code which O'Brien uses in
his letter of rejection. CA is Penal Code Section 115.
our SB900 does NOT quote the penal code. But we already have the penal
code = so why isn't it being used? This is the heart of O'Brien's
rejection letter to the banksters. and it's FELONY time for these crimes:
(a)/Every Person who knowingly procures or offers any false or forged
instrument /to be filed, registered, or recorded in any public office
within this state, which instrument, if genuine, might be filed,
registered, or recorded under any law of this state or of the United
States, is /guilty of a felony/.
(b)Each instrument which is procured or offered to be filed, registered,
or recorded in violation of subdivision (a) shall constitute a separate
violation of this section.
(c)...
(d)For purposes of prosecution under this section, each act of
procurement or of offering a false or forged instrument to be filed,
registered, or recorded shall be considered a /separately punishable
offense/.
we must insist our laws be followed - better yet - snag these loans with
eminent domain and stop playing the game their way on the turf they
obviously own. Set up our own game - keep our homes and our loans.
forget them. after we're secure, we can go after them with our
pitchforks. cj
*From:*foreclosurepreventionzones at googlegroups.com
[mailto:foreclosurepreventionzones at googlegroups.com] *On Behalf Of
*Susan Harman
*Sent:* Tuesday, November 20, 2012 1:11 PM
*To:* california-occupy-homes at googlegroups.com;
foreclosurepreventionzones at googlegroups.com
*Cc:* RENEE YAMAGISHI; CJ Holmes
*Subject:* MA fraud law
Kevin Harvey just sent me the law they're using in MA to prevent
foreclosures:
Does anyone know HOBOR well enough to know if we've got anything comparable?
He also told me Coakley (MA AG) is filing indictments!
Susan
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