How is Sherry fighting too big to fail…


* * * * *

May 3, 2013

Kamala D. Harris
Attorney General
Public Inquiry Unit
Office of the Attorney General
P. O. Box 944255
Sacramento, CA  94244-2550
Attention:  Mortgage Fraud Unit 

RE:  PennyMac Loan Services, LLC

Attorney General,

As your office must be aware, our family has been writing the Department of Justice for help regarding our home even prior to your being elected to office.  In January of 2013, the long-awaited Homeowners Bill of Rights came into force due to your hard work.  Thank you for your efforts to help homeowners.  There is still so much to be done.

As you know, banks and lenders have been fabricating documents to foreclose on homes. Presumably this was a chief reason for the new, more vigorous requirements specified in the HBOR for documents being submitted to the County Recorder’s offices. Unfortunately, the new requirements are being ignored, at least in my family’s case.

I am writing to alert you to this case, to put your department and the Los Angeles County Recorder’s office on notice that fraud is continuing, and to ask for help. Specifically, I need to know 1) how the new law provides recourse for homeowners so that we can block the recording of a document that evidence shows does not meet the new more vigorous HBOR requirements, and 2) what the process is to remove fraudulent documents from the County records.

This case is urgent, as the bank in my case – PennyMac Loan Services – is seeking to perfect a title for a property for which they have no standing before a coming trial date. PennyMac has used documents in court that we believe are fabricated. They are aiming to bury these fabricated documents, that they know are fabricated, by submitting a record of a supposed sale to the Recorder’s office – a sale that has no legitimacy and is in violation of the HBOR – so the documents can be recorded before our court hearing dare on July 9, 2013 . They will then use the recorded trustee’s deed as “evidence” in the hearing and have indeed already used this “evidence” in their demurrer. If allowed to do so, this “evidence” would be fraud on the court.

I realize these are serious accusations. We have filed a lawsuit in the California Superior Court, pursuing this and other causes of action. But we need your and the County Recorder’s guidance and assistance now to prevent these documents from being recorded. We also need guidance and assistance to remove other fraudulent documents related to this case that have already been recorded by PennyMac.

PennyMac claims to have sold our home to themselves on April 16th, 2013. This date is 1 month PRIOR to the date indicated on the notice of sale (exhibit A) posted, and 4 days following the relief from stay granted on April 12, 2013. This is a clear violation of California Civil Code 2924g and a likely violation of 2924f.

In addition, the HBOR states that before any entity can take any foreclosure-related action:

1.       §2924.17(b). The entity must review competent and reliable evidence that substantiates:

a)      borrowers default

b)      mortgage servicers right (standing) to foreclose in order to collect on that specific defaulted debt

2.       §2924(a)(6) The entity must demonstrate it is either:

a)      the beneficiary

b)      the original trustee

c)       the substituted trustee whose substitution was authorized by the true beneficiary

d)      the agent designated by the true beneficiary — an agent may act only within the scope of authority designated by the true beneficiary

We are confident that PennyMac has not complied with these requirements and cannot demonstrate that it has standing to take any action on this property.

We have written several times to you regarding the above named mortgage holder.  Your office has recommended reporting PennyMac to the Department of Corporations. We noticed, however, that the former Commissioner of the CA Dept of Corporations now holds a position as an Independent Trustee of PennyMac! Can the revolving door be any more egregious? This is a clear conflict of interest and makes me suspect that the former commissioner was doing much more to help PennyMac to curry favor for his new position than he was punishing them for their crimes. He was head of the Dept of Corporations the entire time I was corresponding with the Dept. about our case. No wonder the case went nowhere. Needless to say, this chain of events gives me little expectation of justice via that route.

From the site:

“Mr. Preston DuFauchard is an Independent Trustee of PennyMac Mortgage Investment Trust, since November 7, 2012. From 2006 through December 2011, Mr. DuFauchard served as the Commissioner of the California Department of Corporations. From 1997 to 2006, Mr. DuFauchard was employed at Bank of America Corporation, a diversified financial services firm, where he held the title of Assistant General Counsel. Mr. DuFauchard holds a BA from Stanford University and a JD from the University of California, Berkeley, Boalt School of Law”

I would like to avail my family of the rights allotted us in the Homeowners Bill of Rights.  We believe that the documents filed for our property are fabricated and we believe we can prove this in a court of law.  I would like to have the opportunity to present our evidence there. PennyMac is attempting to steal our home, plain and simple. They have no rights to our years of hard work and our investment, and are attempting to prove standing with fabricated documents.

Prior to our day in court, we need your help to prevent these fabricated documents from being recorded, and to remove any other fraudulent documents from the County Recorder’s records.

We are going on our 7th year of trying to get help in saving our home, and we are not alone.  It took us over 5 years to get to court in our original lawsuit with Countrywide, only to have PennyMac then claim possession of our loan.  There are still thousands of California residents fighting to retain their residences. County Recorder Dean Logan admitted in a recent meeting with foreclosure activists that homeowners like myself know more about the “anomalies” with these recorded documents than he does. I believe him. We knowledgeable homeowners need to be able to pull these fraudulent docs out of the county records using a clear, straightforward process. Communicating this process to the general public would be a tremendous public service valuable to millions of homeowners.

Registrar-Recorder John O’Brien in Massachusetts has already labeled his office a crime scene.[1]  Phil Ting in San Francisco conducted an audit showing that 84% of all foreclosures have clear violations of law![2]  We need your help in bringing justice! 

Please help the people to avail of us of our rights that you have fought so hard to protect.

We are Not Deadbeats,

Sherry Hernandez

Enc:  copy of letter to L.A. County Registrar Recorder Dean Logan


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: