Attorney Steve Vondran - Business, Real Estate & Social Media Law

ATTORNEY STEVE’S TOP 12 FREQUENTLY ASKED QUESTIONS ABOUT THE CALIFORNIA DRE CONSUMER RECOVERY ACCOUNT

Introduction

Okay, here’s the situation.  You got into a dealing with a California real estate licensee (broker or salesperson) in a transaction requiring a real estate license (for example a mortgage loan refinance, or purchase or sale of a residential or commercial property).   During the transaction, let’s say the broker commits various acts of intentional fraud (ex. intentionally failing to disclose serious defects in the property so the house could be sold).

Afterwards, the aggrieved party files a civil lawsuit or arbitration to seek redress for the broker’s breach of fiduciary duty, fraud, and other causes of action typical in a real estate fraud lawsuit.  Next, the case moves to final judgment (sometimes on a default judgment) and the Plaintiff seeks to collect on their damage award.

However, there is a glitch, the Plaintiff is not able to locate any assets of the broker or to find any way to collect on the judgment.  What is the Plaintiff to do?  This is just one type of scenario.

This is where the California DRE Consumer Recovery Account MAY come in to assist you in collecting on at least part of your judgment.

What is the DRE Consumer Recovery Account?

The California DRE consumer recovery account was established in California in the year 1964.  It was designed as a means to help people who were victims of California fraud or misappropriation of trust funds to find a way to recover some of their damages suffered in the event a civil money judgment (following a civil lawsuit or real estate arbitration).

You can find information about the DRE recovery account here at the DRE website.

Who pays into the DRE Consumer Recovery Account (i.e. where does the recovery account money come from)?

When people become licensed brokers and sales agents in the State of California a portion of their fees goes into the DRE consumer recovery account.  This helps keep the well filled with water for fraud victims.  One other way money goes into this account, is when a broker or salesperson is charged with an “Accusation” (a legal complaint against a California real estate licensee that seeks to revoke or suspend a DRE real estate license) and they end up settling the case with the DRE, certain fines and monetary penalties may go to fund the DRE recovery account.

How much can be recovered from the California DRE Consumer Recovery Account?

Currently, the set amount is $50,000 per transaction and $250,000 maximum per licensee.  These numbers are always subject to charge.

NOTE:  As set forth in the statute (California Business & Professions Code Section 10471), the applicant can only recover losses that:

“represents an actual and direct loss to the claimant in the transaction.”

Also, this is pulled directly from the RE 807 application for the DRE recovery account:

“By statute and decisional case law, only a claimant’s “actual and direct loss,” plus interest at the legal rate from the date of loss, and court costs, are payable from the Consumer Recovery Account. Therefore the actual and direct loss may differ from the amounts awarded in the judgment. Actual and direct loss usually does not include such things as loss of anticipated profits and attorney’s fees, and never includes punitive damages. The following questions must be answered in order that it may be determined whether the amounts sought to be paid from the Consumer Recovery Account are allowable.”

 Where can I find the application to apply for the DRE consumer recovery account?

 Here is a link to the instructions for applying for the DRE recovery account.  To avoid hassles, you may want to consider hiring a California Real Estate lawyer to assist you in preparing the paperwork and dealing with the DRE on your case.  Typically, we can set up a hybrid fee arrangement, but it depends on the facts of your case.

 Does the DRE have a phone number to get more information about the recovery account process?

 Absolutely!  Try this number which is pulled off the DRE information sheet for DRE recovery account applicants.  Telephone: (916) 227-0789

 What are the basic requirements to determine whether or not I qualify to seek a consumer recovery from the DRE consumer recovery account?

 This was pulled off the client instruction sheet and gives you a general idea of the types of things you will need to show:

 • A final judgment or criminal restitution order (CRO) based on fraud, misrepresentation, deceit, made with intent to defraud; or conversion of trust funds;

• The judgment must be based on a transaction in which the judgment debtor/licensee was licensed at the time, and was performing acts for which a real estate license was required;

• Diligent pursuit of any assets of all judgment debtors;

• Diligent pursuit of any other person who may have been liable in the transaction;

• Filing of the application with the Department of Real Estate no more than one year after the judgment became final or the CRO was issued;

• The underlying judgment and debt must not have been discharged in bankruptcy; in the case of a bankruptcy proceeding that is open at the time of filing of the application, the judgment and debt must be declared to be nondischargeable; and

• A statement by the claimant, signed under penalty of perjury, that the complaint upon which the underlying judgment is based was prosecuted conscientiously and in good faith or that, in the case of a CRO, claimant has not failed to pursue in a civil action all persons liable to the claimant in the transaction, except a criminal defendant subject to the CRO. See Part IX of the attached Instructions to Claimants (RE 807) for a definition of the phrase “conscientiously and in good faith.”

NOTE:  there are TWO important things to take into account here. 

(1) if you get a judgment against a California real estate licensee and they go into bankruptcy to try to discharge the debt, and if you are listed as a creditor (or even if you are not), you will want to challenge the debt as non-dischargeable, most likely in an adversary proceeding in the bankruptcy court.  If you don’t, and if the debt is discharged in bankruptcy, you will find yourself in a very tough situation.  So this is something to consider.  If you are not listed on the schedules as a creditor, you may have an opportunity to challenge this, but keep in mind, you are talking more legal week, and probably more legal fees.  So this is just something to be aware of. 

(2) There is a statute of limitations (time limits on which you must file your claim).  If you miss the deadline, you will most likely be out of luck.  As set forth above, you must file your DRE consumer recovery account action within one year of the final award/order/judgment.  Do not lose sight of this critical deadline.

Is there a California statute that deals with the DRE consumer recovery account?

But of course.  Check California Business & Professions Code Section 10471.

Should I hire a California Real Estate Lawyer to represent me in seeking to recover form the California DRE recovery account?

That is your choice.  Normally, an Attorney will be more adept in dealing with the types of things the DRE is looking for.  For example, in 10471, some specific requirements for recovery are set forth:

  (b) The application shall be delivered in person or by certified mail to an office of the department not later than one year after the judgment has become final.

   (c) The application shall be made on a form prescribed by the department, verified by the claimant, and shall include the following:

   (1) The name and address of the claimant.

   (2) If the claimant is represented by an attorney, the name, business address, and telephone number of the attorney.

   (3) The identification of the judgment, the amount of the claim and an explanation of its computation.

   (4) A detailed narrative statement of the facts in explanation of the allegations of the complaint upon which the underlying judgment is based.

   (5) (A) Except as provided in subparagraph (B), a statement by the claimant, signed under penalty of perjury, that the complaint upon which the underlying judgment is based was prosecuted conscientiously and in good faith. As used in this section, "conscientiously and in good faith" means that no party potentially liable to the claimant in the underlying transaction was intentionally and without good cause omitted from the complaint, that no party named in the complaint who

otherwise reasonably appeared capable of responding in damages was dismissed from the complaint intentionally and without good cause, and that the claimant employed no other procedural means contrary to the diligent prosecution of the complaint in order to seek to qualify for the Consumer Recovery Account.

Many people would rather have an attorney handle all of this.  Contact us to discuss a potential fee arrangement and to see if your case qualifies to pursue a recovery account.

Is there a statute of limitations for seeking to recover money damages from the California DRE recovery account?

Yes, as mentioned above, you have ONE YEAR to file your claim from the date of the final judgment/order.   Make sure you do NOT MISS this date.

What other types of things will an applicant have to show to try to recover from the California DRE recovery account?

Here is more language pulled directly from B & P 10471:

   (C) That the judgment underlying the claim meets the requirements of subdivision (a).

   (D) A description of searches and inquiries conducted by or on behalf of the claimant with respect to the judgment debtor's assets liable to be sold or applied to satisfaction of the judgment, an itemized valuation of the assets discovered, and the results of

actions by the claimant to have the assets applied to satisfaction of the judgment.

   (E) That he or she has diligently pursued collection efforts against all judgment debtors and all other persons liable to the claimant in the transaction that is the basis for the underlying judgment.

   (F) That the underlying judgment and debt have not been discharged in bankruptcy, or, in the case of a bankruptcy proceeding that is open at or after the time of the filing of the application, that the judgment and debt have been declared to be nondischargeable.

   (G) That the application was mailed or delivered to the department no later than one year after the underlying judgment became final.

   (d) If the claimant is basing his or her application upon a judgment against a salesperson, and the claimant has not obtained a judgment against that salesperson's employing broker, if any, or has not diligently pursued the assets of that broker, the application shall be denied for failure to diligently pursue the assets of all other persons liable to the claimant in the transaction unless the claimant can demonstrate, by clear and convincing evidence, either that the salesperson was not employed by a broker at the time of the transaction, or that the salesperson's employing broker would not have been liable to the claimant because the salesperson was acting outside the scope of his or her employment by the broker in the

transaction.

Is this judgment debtor / licensee notified that I am filing an application to the DRE recovery account?

Yes.  You are required to serve your application on the real estate licensee (who must have had a real estate license at the time of the transaction giving rise to the claim).  And they have an opportunity to respond.  The reason for this is simple, the licensee will LOSE THEIR LICENSE if the DRE pays out of the recovery account, and they cannot re-obtain their license unless and until they repay the recovery account funds + 10%.  So yes, they have a chance to respond as outlined in their instruction sheet:

Judgment Debtor Response
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The judgment debtor has the opportunity to respond and object to any payment. If the judgment debtor files a response, which must also be served on the claimant, the claimant and judgment debtor will be given the opportunity to submit written argument.

What happens after an application to the California DRE consumer recovery account is made?

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The Department has 15 days within which to notify the claimant of any deficiencies in the application. Once the application is substantially complete, the Department has 90 days in which to make a decision whether and how much of the amount claimed should be paid. The claimant will be notified by the Department when the application is substantially complete, and will also be notified of the final decision on the application.

Do I have any other recourse of the DRE denies my claim for money from the consumer recovery account?

Yes.  According to their instruction sheet:

“If the application is denied, the claimant will have six months from mailing of the notice of the denial to file a verified application in court. If the decision is to make a payment, a judgment debtor who has filed a response has 30 days after receipt of the notice to petition for a writ of mandamus for a judicial review of the suspension of his or her real estate license which would result from a payment.”

CONCLUSION

               This should give you a basic understanding of how the California DRE Consumer Recovery Account works.  If you have obtained a final judgment against a California real estate broker or licensee, and have tried to identify assets and sought to recover from all parties that may be liable in the real estate transaction and you are within one year of the final judgment, (and assuming the debt has not been discharged in a bankruptcy court) then the DRE consumer recovery account may be one option to look at.

                Attorney Steve Vondran (“Attorney Steve”) is a California and Arizona license lawyer.  He has previously earned real estate broker licenses in both states.  He has been on the forefront of representing brokers in DRE hearings and accusations and representing consumers in predatory lending, truth in lending, and other predatory lending violations including financial elder abuse.  He can be reached at http://www.AttorneySteve.net

We have talked so many times about California homeowners needing to be careful before parting with their hard earned money and paying it to a company that promises a loan modification, principle loan balance reduction, or other form of mortgage relief to distressed homeowners.

There are basically three classes of persons that will engage in loan modification activities: (1) California licensed real estate brokers and licensees, (2) Non-brokers (treated as “foreclosure consultants” if performing certain foreclosure related activities), and (3) Attorneys who perform loan modification services.

Here are some of the types of claims that may be made by any of these three types of persons:

We can save your home from foreclosure

We can stop or postpone the trustee sale (stop the non-judicial foreclosure sale)

The lenders cannot prove they own your loan and we can help you get your house for free or reduce the loan to market value

We can get your loan adjusted or modified on terms and conditions that are favorable to you

We can perform a forensic loan audit that you can use to leverage a loan modification with your lender or loan servicer

We can perform a securitized loan audit to see who owns your promissory note

We have a strategy to help you quiet title to your property

We are loan modification experts with over “50 years of combined loss mitigation experience”

We have contacts with all the major lenders and loan services and we have a 95% success rate

If you are not fully satisfied you get a 100% refund.

THESE ARE THE TOP 10 LOAN MODIFICATION STATEMENTS A BROKER, ATTORNEY, OR FORECLOSURE CONSULTANT MAY USE ON YOU TO TEMPT YOU INTO HANDING OVER ADVANCE FEES (FEES IN ADVANCE OF ALL CONTRACTED SERVICES BEING PROVIDED) FOR THE PURPOSES OF SUBMITTING YOU FOR LOAN MODIFICATION CONSIDERATION.

Frequently asked questions about loan modifications and advance fees

<!--[if !supportLists]-->1.    <!--[endif]-->What is prohibited under California SB 94?  Basically TWO THINGS – (1) collecting advance fees for loan modification or loan forbearance services under Civil Code Section 2944.7 and (2) failing to provide the homeowner the required disclosure under Civil Code Section 2944.6.  A violation of either of these sections by a California lawyer is grounds for discipline under California Business and Professions Code Section 6106.3.

Civil Code Section 2944.7 states (relevant portion):

(a) Notwithstanding any other provision of law, it shall be unlawful for any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other compensation paid by the borrower, to do any of the following:

(1) Claim, demand, charge, collect, or receive any compensation until after the person has fully performed each and every service the person contracted to perform or represented that he or she would perform…

(b) A violation of this section by a natural person is a public offense punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail for a term not to exceed one year, or by both that fine and imprisonment, or if by a business entity, the violation is punishable by a fine not exceeding fifty thousand dollars ($50,000). These penalties are cumulative to any other remedies or penalties provided by law…

(d) This section shall apply only to mortgages and deeds of trust secured by residential real property containing four or fewer dwelling units.

“ANY PERSON” means attorneys, brokers, foreclosure consultants, etc.

“MORTGAGE LOAN MODIFICATION” AND “MORTGAGE LOAN FOREBEARANCE IS NOT DEFINED” but these terms have common industry meanings.

Here are some definitions for loan modification found via a quick search on the web:

Investopedia Definition of a Loan Modification

Loan Modification

What Does Loan Modification Mean?

A modification to an existing loan made by a lender in response to a borrower's long-term inability to repay the loan. Loan modifications typically involve a reduction in the interest rate on the loan, an extension of the length of the term of the loan, a different type of loan or any combination of the three. A lender might be open to modifying a loan because the cost of doing so is less than the cost of default.

Investopedia further explains Loan Modification vs. Forbearance

A loan modification agreement is different from a forbearance agreement. A forbearance agreement provides short-term relief for borrowers who have temporary financial problems, while a loan modification agreement is a long-term solution for borrowers who will never be able to repay an existing loan.

Wells Fargo Definition of a Loan Modification

If you can’t afford your current mortgage, it may be possible to change certain terms of the loan to make it more affordable. For example, changing the interest rate or the time allowed for repayment may lower your monthly payments to an amount that works for you. Any change to the original terms is a loan modification.

Chase Definition of a Loan Modification

What is a Loan Modification?

A Loan Modification is a permanent change to the terms of a mortgage to make it more affordable for borrowers with a financial hardship.

Bank of America Definition of a Loan Modification

Loan Modification

A loan modification is a change to the original terms of your loan. Loan modifications could include lowering your interest rate, extending the term or maturity date of the loan, moving from an adjustable to a fixed-rate loan, deferring some portion of the unpaid principal balance to the end of the loan, and/or forgiving some portion of the unpaid principal balance.

HAMP definition of a Loan Modification

Under HAMP, servicers apply a uniform loan modification process to provide eligible borrowers with affordable and sustainable monthly payments for their first lien mortgage loans. Affordability is achieved through the application of interest rate reduction, term extension, principal forbearance and principal forgiveness.

FANNIE MAE definition of a Loan Modification

Modification: Any permanent modification to the terms of a mortgage loan that make it more affordable, including changes to the interest rate, loan balance or loan term.

Fannie Mae also defines the term “Forbearance:”

Forbearance

Forbearance is a temporary reduction or suspension of payments which must be immediately followed by an arrangement to cure the delinquency

HUD definition of a Loan Modification

Loan Modification Frequently Asked Questions

A Loan Modification is a permanent change in one or more of the terms of a Mortgagor's loan, allows the loan to be reinstated, and results in a payment the Mortgagor can afford.

It is clear that helping a California homeowner get a change to the terms of their note (including a change to the interest rate, term, balance etc.) is a effort to obtain a loan modification.  Forbearance was also discussed above but not focused on for this article.

The other thing prohibited by California SB 94 is the Notice requirement.  Basically the notice to your client that your services are not required.  The notice requirement is found in Civil Code Section 2944.6 which states:

(a) Notwithstanding any other provision of law, any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other compensation paid by the borrower, shall provide the following to the borrower, as a separate statement, in not less than 14-point bold type, prior to entering into any fee agreement with the borrower:

It is not necessary to pay a third party to arrange for a loan modification or other form of forbearance from your mortgage lender or servicer. You may call your lender directly to ask for a change in your loan terms. Nonprofit housing counseling agencies also offer these and other forms of borrower assistance free of charge. A list of nonprofit housing counseling agencies approved by the United States Department of Housing and Urban Development (HUD) is available from your local HUD office or by visiting www.hud.gov.

(b) If loan modification or other mortgage loan forbearance services are offered or negotiated in one of the languages set forth in Section 1632, a translated copy of the statement in subdivision (a) shall be provided to the borrower in that foreign language.

(c) A violation of this section by a natural person is a public offense punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail for a term not to exceed one year, or by both that fine and imprisonment, or if by a business entity, the violation is punishable by a fine not exceeding fifty thousand dollars ($50,000). These penalties are cumulative to any other remedies or penalties provided by law.

Again, a violation of either of these sections is a serious offense and carries potential criminal penalties.

Here is a FAQ from the California State bar regarding SB 94.  Note that the Bar talks about the putting money into a trust account, and breaking the loan modification services into separate contracts and states that neither is acceptable.

Here is another FAX sheet put out by the California Department of Real Estate in regard to SB 94 and the prohibition on collecting advance fees for loan modifications.

<!--[if !supportLists]-->2.    <!--[endif]-->What is the Federal MARS Rule?

The MARS Rule (Mortgage Assistance Relief Act) is basically the federal version of SB94 with a few different twists.  The final rule was put out by the FTC (Federal Trade Commission).

Here is language pulled from their press release:

The FTC is issuing the Mortgage Assistance Relief Services (MARS) Rule to protect distressed homeowners from mortgage relief scams that have sprung up during the mortgage crisis. Bogus operations falsely claim that, for a fee, they will negotiate with the consumer’s mortgage lender or servicer to obtain a loan modification, a short sale, or other relief from foreclosure. Many of these operations pretend to be affiliated with the government and government housing assistance programs. The FTC has brought more than 30 cases against operations like these, and state and federal law enforcement partners have brought hundreds more.

Advance fee ban

The most significant consumer protection under the FTC’s new rule is the advance fee ban. Under this provision, mortgage relief companies may not collect any fees until they have provided consumers with a written offer from their lender or servicer that the consumer decides is acceptable, and a written document from the lender or servicer describing the key changes to the mortgage that would result if the consumer accepts the offer. The companies also must remind consumers of their right to reject the offer without any charge.

Disclosures

The Rule requires mortgage relief companies to disclose key information to consumers to protect them from being misled and to help them make better informed purchasing decisions. In their advertising and in communications directed at individual consumers (such as telemarketing calls), the companies must disclose that:

(1) they are not associated with the government, and their services have not been approved by the government or the consumer’s lender;

(2) the lender may not agree to change the consumer’s loan; and

(3) if companies tell consumers to stop paying their mortgage, they must also tell them that they could lose their home and damage their credit rating.

Companies also must explain in their communications to consumers that they can stop doing business with the company at any time, can accept or reject any offer the company obtains from the lender or servicer, and, if they reject the offer, they don’t have to pay the company’s fee. The companies also must disclose the amount of the fee.

Prohibited claims

The MARS Rule prohibits mortgage relief companies from making any false or misleading claims about their services, including claims about:

(1) the likelihood of consumers getting the results they seek;

(2) the company’s affiliation with government or private entities;

(3) the consumer’s payment and other mortgage obligations;

(4) the company’s refund and cancellation policies;

(5) whether the company has performed the services it promised;

(6) whether the company will provide legal representation to consumers;

(7) the availability or cost of any alternative to for-profit mortgage assistance relief services;

(8) the amount of money a consumer will save by using their services; or

(9)the cost of the services.

In addition, the rule bars mortgage relief companies from telling consumers to stop communicating with their lenders or servicers. Companies also must have reliable evidence to back up any claims they make about the benefits, performance, or effectiveness of the services they provide.  There are also record keeping requirements (24 months) and a requirement to monitor employees and independent contractors.  You can learn more from this website about the MARS Rule as it applies to real estate and short sale brokers in California.

Attorney exemption

Attorneys are generally exempt from the rule if they meet three conditions: they are engaged in the practice of law, they are licensed in the state where the consumer or the dwelling is located, and they are complying with state laws and regulations governing attorney conduct related to the rule. To be exempt from the advance fee ban, attorneys must meet a fourth requirement – they must place any fees they collect in a client trust account and abide by state laws and regulations covering such accounts.

All provisions of the rule except the advance-fee ban will become effective December 29, 2010. The advance-fee ban provisions will become effective January 31, 2011.

NOTE:  As this rule points out, a California attorney would only be exempt from the MARS rule if they are complying with State Laws (like SB 94 discussed above).  California law does not allow the collection of the advance fee even with a trust account.  If an attorney is not complying with SB 94 then they are arguably violating the MARS rule.  At current, there is no private right of action under MARS, but a violation of MARS may support the filing of a violation of California Business & Professions Code Section 17200.

QUERY:  Is it legal in California to collect advance fees for a forensic loan audit?  What about collecting advance fees for a securitization loan audit?  Under the rule, if these services are being marketing or represented as being able to assist the borrower in obtaining mortgage relief, it would appear the MARS rule would apply.

The California Foreclosure Consultant Act

As mentioned above, there is another class of persons seeking to profit from the mortgage crisis.  These are the individuals that are neither California licensed attorneys or real estate brokers.  The so-called “foreclosure consultants.”  To these people, they must comply with the California Foreclosure consultant act.  The law can be found in the California Civil Code Section 2924 et seq.

A foreclosure consultant, generally speaking, is an individual who provides, or offer to provide, foreclosure-related consultation services, such as helping certain homeowners stop or postpone a foreclosure sale, or obtain any type of mortgage forbearance from a lender (See Cal. Civil Code § 2945.1(a)).  The foreclosure consultant law generally applies to residential properties that are owner-occupied with one-to-four residential units (See Cal. Civil Code § 2945.1(f)).

Foreclosure consultants are highly regulated under California law and must be bonded and registered with the California Department of Justice (See Cal. Civil Code § 2945.45).  They must have written service agreements (See Cal. Civil Code § 2945.3) and they are prohibited from collect an upfront advance fee, taking a power of attorney, or taking a lien on real property (See Cal. Civil Code § 2945.4).

California lawyers and real estate agents are generally exempt from the provisions of the California foreclosure consultant law (See Cal. Civil Code § 2945.1(b)(3)).

___________________________________________________________

What to do if you believe someone has violated California SB 94 or the Mars Rule, or the Foreclosure Consultant Act?  You may want to contact an attorney and investigate whether or not you have legal rights, such as a right to a full refund of any advances fees paid.  Our office handles DRE accusations and desist and refrain letters.  This is an advertisement and communication.  We have offices in San Francisco, Fresno, Beverly Hills, Newport Beach, and Phoenix, Arizona.

here is an example.  More videos to come.

http://www.foreclosuredefenseresourcecenter.com/2011/06/a-day-in-the-life-of-foreclosure-warrior-attorney-steve/

You can find more videos on http://www.ForeclosureWarrior.com

here is an example.  More videos to come.

http://www.foreclosuredefenseresourcecenter.com/2011/06/a-day-in-the-life-of-foreclosure-warrior-attorney-steve/

You can find more videos on http://www.ForeclosureWarrior.com

Good article on why a person who is in Chapter 13 bankruptcy, trying to save their home and bring their loan current, may want to challenge the proof of claim filed by their lender or loan servicer.

Listen to our foreclosure radio show discussing the topic of HUD angst with foreclosure irregularities.  Everyone is mad, can anything be done??

I am conducting a foreclosure chain of title investigation.  Does anyone have any signatures of Krystal Hall, Idaho Notary or Vicki Sorg?

In particular, in relation to substitution of attorney or assignment of Deed of Trust documents (or any other notarized documents)?

If so, please email me at steve@vondranlaw.com and we can exchange signatures.

Thank you.

Steve Vondran

All parties are presumed innocent and in compliance with the law.

If anyone has any known signatures of Chris Tulio or J.Rios California Notary please let me know and we will trade you what we have.  We are conducting a chain of title review on a foreclosure case.

particularly if you have them on assignments of deed of trust, substitution of trustee or affidavits (or other notarized documents).

All parties are presumed innocent and in compliance with the law.

Willing to trade what I have.

Conducting a foreclosure analysis.

Thank you.

All parties are presumed innocent and to be in conformance with the law.

Hear in general terms what takes place at a foreclosure hearing on Demurrer for a wrongful foreclosure case in California.  We were opposed by a strong-willed law firm which is one of the biggest foreclosure firms in California.  They fought hard to get our wrongful foreclosure cause of action tossed out on demurrer.  After two amended complaints, the judge overruled their demurrer as to wrongful foreclosure (and two other causes of action).  It can be done, and it takes some legal wrestling, but at the end of the day, the law must be followed.  We teach our kids that, and at least this judge agrees.

Hear our foreclosure radio show discuss this huge wrongful foreclosure ruling in demurrer!

Also, stay updated with tales from the foreclosure trenches at our website Foreclosure Defense Resource Center