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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111573
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If you could find the law, code or case law backing what I

Customer Question

White - If you could find the law, code or case law backing what I have read that says when a Foreclosure Trustee is found to be fraudulent, then any sale by way of the fraudulent Trustee's Deed on Sale is immediately void and must be reversed along with everything else that unlawfully happened due to the unlawful fraud and/or Grand Theft; I will be more than appreciative. Thank you.
JA: Thanks. Can you give me any more details about your issue?
Customer: What more do you need? Our home was unlawfully, hence also illegally under statues and self-affirming fraud (Fed 902). What else can I supply you. The fraud part is easy, I'm looking for the consequence of the purported Trustee
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is no law or code saying specifically if the trustee is fraudulent then the sale is void. The law is that any fraud is sufficient to void the sale, which you say you have that part. The consequence to the trustee can be money damage against the trustee for their fraudulent conduct in the form of punitive damages. But you have to prove the fraud first and get the sale voided then you can ask the court for punitive damages for their fraudulent conduct.

Customer: replied 8 months ago.
Also check with attorney (maybe retired) Niel Garfield's very extensive blog. He seems to be controversial but makes a lot of sense. Another Orange County, CA attny to reference is Steve Vondron. He writes some good stuff too. I believe that is where I first found the dialog about an unlawful Foreclosure Trustee immediate retroactively did not have proper credentials to to the acts of a lawful Trustee. I too would appreciate your seconding their opinions. One other I believe to be true. . pls comment. When a LLC is found to have been a part of a real estate fraud, the LLC immediately looses its protection in favor of those behind the LLC. Hence, the humans become personally liable to fraud, which is Grand Theft when it comes to steeling a home by way of an unlawful (not just statutes) Trustee, hence the humans behind the humans behind the lost protection of the previous LLC.Who can you recommend to draft a Les Pendes that I will record against all those involved in the unlawful taking of our home since 1974. Remember, as of this moment, we are broke still staying in 2 star motels being forced to move every 28 days.
I will look forward to speaking with you. I think we both have benefits for each other. Ron and ***** ***** Orange County, CA
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
I believe that their opinions are correct, but again, there is no statute on it AND their opinion is just stating that FRAUD ITSELF IS GROUNDS TO VOID A CONTRACT, it does not matter where the fraud is (the trustee or in the contract itself). Also, piercing the corporate veil, making the LLC owners liable for fraud, is also possible.
You would need a local attorney to represent you and site rules do not permit us to make personal referrals, but you can get one at the same sites used by other attorneys, http://www.martindale.com or http://www.hg.org.
By the way, it has been THIRTY DAYS since you came here and please understand that the experts are not employees of this site and as such get no credit for spending time with customers unless the customers leave positive feedback (looking at your history it seems you like many customers do not know this). Please do not forget to leave positive feedback. Thank you.
Customer: replied 8 months ago.
I'm sorry, but I get a little confused on this site. I only want to do what's right by you and the site. At first I pd. as requested, gave an excellent review and tipped small amount for you. Now you're asking for another payment. Do the payments go by subject or time. I'm still on the same subject. But in fairness I could remain on same or related subject from 1992, bringing in Wells Fargo's multiple unlawful acts such as counterfeiting, forgery, and misrepresentation, trickery and other lawlessness.I would like to explain the entire string of lawlessness from 1992 to now. It that one subject because they all tie? The site needs some more work.
Customer: replied 8 months ago.
Thank you. I am extremely overwhelmed. I believe I had your phone # ***** but could not find it looking back.
With Federal Rule 902 in mind, allow me to state some facts about actions taken and by a person on behalf of another person. Please excuse my sporatic responses and questions to you. I'm constantly being pulled in several directions in our effort to protect ourselves from the Cohersive But first I will explain about PFF Bank and Trust's ceasing business in the later part of 2008. Linda and I secured a $310,000 HELOC from Pomona Bank and Trust in May, 2008. By that year's end the FDIC took over very limited control, but their authority was void because FDIC was insolvent at that time. Hence, no financial assistance could be offered. They would have had to go to Congress for more money. In 2010 US Bank attempted a grouped assignment of Deeds of Trust. The loan was sold to Fannie Mae and no deeds of trust were ever assigned. In addition, the takeover of PFF Bank and Trust by US Bank never completed and can't. See 2nd page of FDIC.gov and search PFF Bank. If you would like, I can scan and send the entire attempted chains for both US Bank and Wells Fargo. WF used a fake lender in 1992 that they called (MORTGAGE BANKER'S ACCEPTANCE COMPANY, A LIMITED PARTNERSHIP) All 7 words are fake bank name. Don't confuse with another very close looking and sounding lender further north in CA. Their Website is MBAC.com. Note no appostrophe between R&S and no ,A LIMITED PARTNERSHIP as in the fake name. The real lender is a DBA of a public company. I'm pretty sure they're public. Doesn't matter however.
Do you know where I can get a list of damages?
Customer: replied 8 months ago.
1. Pomona Financial Services was not sub'd to any person when in 2010 US Bank attempted to Assign all the borrowers' DOTs w/o any notes. Couldn't notes because they were sold to Fannie Mae. Plus, USB tried the transfer using about 6 pages of 6 peoples' DOTs but missing some info on one page for ea. 6, FDIC assistance void due to their insolvency. Hence, all those DOTs stayed w/ Pomona.
2. In 2013, US Bank sub'd the Trustee to the fake Trustee named The Law Office of Les Zieve, but problem. US bank didn't have Trustee standing, but must have overlooked. The Pomona Trustee was still w/ Pomona.
3. Zieve's attorney, Steve Silverstein presents the 2013 worthless Sub of Trustee to UD Court and written testimony says on Trustee's Deed on Sale "All the appropriate and necessary Statutes have been satisfied (going from memory). Recorded on 01/12/2015. Zieve also didn't know that US Bank never had Trustee Sub'd to US Bank.
4. Trustee's Sale took place and was paid on 01/05/2015. Of course, in UD Trial, after stalling them for 8 mos. everyone lied.
5. Pomona and US Bank wake up and finally US Bank subs Trustee from Pomona to US Bank but not until 02/09/2015. That's well after ALL the purported Trustee executed and recorded everything starting w/ NOD, etc. Also well after sale and Deed on Sale.
6. Another problem for US Bank is they are who sub'd the Trustee from Pomona thinking all the DOTs were Assigned to US Bank, hence their thinking they had standing to sub.
7. Since Pomona is a dead entity, how can their Trustee even be alive for any transfer. Good night. It's 3 a.m. Sunday
Expert:  Law Educator, Esq. replied 8 months ago.
I am sorry, but you did not pay me. You made a payment to the site and whoever helped you the first time. However, the experts are not employees of this site and as such when you open a new question if you have new questions then you must pay again and leave positive feedback for the new expert, if not they get no credit for spending time with you. I am sorry for any confusion.