[Occupymendocino] [Fwd: legislation requiring an Affidavit of Authority to Record Foreclose documents]

Thu Jun 20 09:17:18 PDT 2013

All,
Please send this to Chesbro's aide at   ruth.valenzuela at asm.ca.gov-

--------------------------- Original Message ----------------------------
Subject: [Fwd: legislation requiring an Affidavit of Authority to Record
Foreclose documents]
From:    agnes at mcn.org
Date:    Thu, June 20, 2013 9:11 am
To:      ruth.valenzuela at asm.ca.gov
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                                       put your address here and date

To: Assembly member Wesley Chesbro;

Re: Legislation requiring an Affidavit of Authority to Record Foreclosure
Documents

Dear Assembly member Wesley Chesbro;

My name is _________________. I am
concerned about the integrity of our
Public Records, the safety of land ownership, and the possibility of
millions of clouded titles across the nation for generations to come.

The United States has always been one of the most secure and safest
countries in the world for property ownership. This security of property
ownership is substantiated in the fact that the chain of title can be
traced back hundreds of years to the original land grant through
transparent, public records.

The integrity of our Public Records has already been compromised thousands,
if not millions of times over by foreclosures in which there have been
numerous legal and procedural violations. These violations nullify the
Notice of Default and thus any sale and transfer of the property. Many of
these violations are criminal violations, which carry large fines as well
as prison time, yet no one from any of these banks or foreclosure
institutions has yet been prosecuted.

This massive transfer of real property through foreclosures using documents
that in fact nullify the sale, poses serious risks to the future of public
records and the sale of future properties as well as the property values of
every land owner in America, even those *who currently have properties with
clear titles. *

The banks are using many improper tactics to forcefully foreclose on
properties. These tactics violate two (2) California Penal Codes, five (5)
California Commercial Codes, three (3) US Commercial Codes, five (5)
Judgments, an IRS Bulletin, ALL SEC Pooling and Servicing Agreements, ALL
OCC Cease and Desist Orders, and ALL Federal Consent Judgments.

All of these violations either nullify the NOD and thus any future
foreclosure and sale, or negate the legal interest in any property that the
current Trustee and Servicer claim to have. This question of “who legally
has beneficial rights to the note?” raises unquestionably serious doubt as
to whom a borrower is legally obligated to pay.

In fact, millions of homeowners in good standing may be unknowingly making
payments to a lender who does not have *legal* beneficial rights to the
payments, due to the fact the banks violated the Trust’s Pooling and
Serving Agreement Section 2.01 regarding assignments, and chose instead to
make impossible or illegal assignments, substitutions, attorney-in-fact
designations, and/or agency claims.

 The violations that many documents contain include the following:

1.     False notarizations

2.     Forged signatures

3.     Illegal Servicer Beneficial Assignment

4.     Impossible Beneficiary Designation

5.     Impossible Substitution

6.     Fake Agency Designation

7.     False Beneficiaries as in Defunct Lenders

8.     Assignments Recorded long AFTER Mortgage Backed Security’s Pooling
and Servicing Agreement limit of 90 days

9.     No evidence that any transfer of interest was accompanied by
consideration as stated in the recorded documents

10. Violations of the Holder in Due Course Doctrine

11. Impossible Principal/Agent Designations

12. MERS Conveyance from a defunct lender

13. Violation of OCC Cease and Desist Orders of April 13, 2011

14. Contempt of Court by violating the April 4, 2012 Consent Judgments

It should seem VERY obvious that what is currently happening to our public
records will definitely have huge, adverse ramifications to the well-being
of our society and individual homeowners.  This destruction and muddling of
our public records must stop immediately!

The Public Recorders are the custodians of our public records and they see
first hand what the banks have done and continue to do to our records.
While it is their constitutional duty to record documents without bias, it
is also their fiduciary responsibility to maintain and protect the
integrity of these recorded documents, yet they do not have the authority
to make recording requirement changes. These changes must be made at the
state level.

That is why I am asking you to make the necessary, immediate changes to
stop further obfuscation and destruction of our records by requiring that
an Affidavit of Authority be recorded along with all foreclosure documents.

Luckily, there is some recent precedent that can be examined regarding this
issue.

John O’Brien, Register of Deeds in the Southern Essex District in Salem
Massachusetts took it upon himself and his office to perform an audit of
the public records.  He now refuses to record any document with a known
forged signature without an Affidavit of Authority.

He recently succeeded in getting an Anti-Foreclosure Ordinance passed in
his town of Lynn, MA.

Fact Sheet:  http://hofj.org/virtualoffice_files/ObrienLynnOrdFactsheet.pdf

Ordinance:  http://hofj.org/virtualoffice_files/ObrienLynnCityOrdinance.pdf

His public presentation of rampant forged foreclosure documents can be
viewed at the following link:
http://www.cbsatlanta.com/video?&clipId=7691458

The findings of Mr. O’Brien’s audit can be found at the following link:

http://www.salemdeeds.com/pdf/Audit.pdf

Mr. O’Brien’s Affidavit for Restitution in the case against Doc X (a
foreclosure mill similar to Recontrust here in California), which has been
found guilty of foreclosure fraud, can be viewed at the following link:
http://www.hofj.org/virtualoffice_files/JohnOBrienAffidavit.pdf

The Supreme Court of Illinois recently enacted new rules regarding mortgage
foreclosure case effective May 1, 2013. These seem to be the most
comprehensive requirements to date that deal with* *all of the violations
that are being made on a routine basis. Here is the link to the opinion
written by Stahl Cowen Law Firm:
http://www.stahlcowen.com/?t=11&la=2329&format=xml

The Nevada State Assembly passed AB284 in May 2011, requiring an Affidavit
of Authority be included with foreclosure documents presented for
recordation.  Here is the link to that bill:
http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB284_EN.pdf

After the passage of this bill, foreclosures dropped nearly 97%, because
the mega-banks are unwilling to risk having to prove their legal right to
foreclose. This indicates what is going on in recorder’s offices everywhere
around the country.

As you can see, stopping these fraudulent foreclosures is paramount the
integrity of our public records and the future of real property ownership,
and demands our immediate attention.

I respectfully urge you to do everything in your power to maintain the
integrity of our public records and stop the banks from running roughshod
over our legal system, our public records, and our ownership rights.

For the benefit of your constituents, your family, your friends, public
records, and the future of secure property ownership, please pass
legislation requiring an Affidavit of Authority to be included and recorded
with each assignment, trustee substitution, and foreclosure document.  I
ask you to address this issue immediately.

Thank you for your time and consideration in this matter.

Sincerely,
Ms. Agnes Woolsey

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