Friday, May 24, 2013

Buyers Beware!!

After hearing the news that our home will be listed on the market soon, I decided that we needed to make potential buyers aware of what is going on. The deed filed at the courthouse, robo-signed by Ricardo Rodriguez, Assistant director of Operations NDEx West LLC as trustee, is "robo-signed" in Texas and has a stamp that reads: This instrument is being recorded as an ACCOMMODATION ONLY, with no Representation as to its effects upon title." Everyone I spoke to at the county offices had never seen such a stamp and did not know what it meant.

Page 1 of Deed:
Robo-Signers for NDExWest:


Stephanie Goble
**Ric Juarez**
Brooke L. Ewing
Patrick De Jesus

Page 2 of Deed:

I went to the county tax assessor next. They were able to pull up the last payment (which makes the taxes current). That document says Bear and Stearns is the owner. How can that be? Bear and Stearns went bankrupt in 2008! The payment was made electronically by "some financial institution" and was unable to be traced (so I was told).

I called Steven Davis, Deputy District Attorney of San Diego, who has been aware of our fraud dealings since I reported HAT to him last year. I ran my idea by him: We plan to post a disclosure to potential buyers warning them of our occupancy, bonafide lease, and possibly fraudulent deed. He said we are certainly within our rights to do so and thought it was a good idea to warn buyers since he currently has a few cases open with homeowners dealing with fraudulent deeds signed in Texas.

We posted a huge red sign in our front window visible from the street: "BUYERS BEWARE." We also posted copies of the deed, the last email correspondence from Roselena Dellamary (previously posted in this blog: "No Answers as to legal Ownership and the Harassment Continues" and "A Temporary End- We Have Not Heard from Roselena Since") and attached her business card that has her photo on it. I thought this was a swell plan, since she is the listing agent. If she does list the property, she will be the one accepting offers on our home. I want everyone to know how Roselena Dellamary has lied, violated our rights and harassed us.

A copy of the "Qualified Written Request" sent on May 10, 2013 to Carrington Property Services LLC is included in our window. In all our internet research we discovered that it was not enough to simply demand proof of ownership over and over again. This written request demands that verifiable ownership and servicing information be disclosed to us within 30 days. A copy was cc: Office of RESPA and Interstate Land Sales, Office of Housing Room 9154, US Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410.
In our window collage of documents and disclosures, we also posted information on Carrington (with all the other names they are using) and how none are BBB accredited. We showed the discrepancies of address and phone number on documents posted to our door in comparison to the business card (also posted) our friend was given by the security guard at their office building in Santa Ana. Also to be known; when I spoke with Department of Real Estate investigator, Charles Manley, he looked up to see if Carrington is licensed. The DRE does not license LLC's- so no, Carrington Property Services LLC is NOT EVEN LICENSED in the state of California!

Looks like Carrington Mortgage Services LLC is licensed as a lender/servicer:

Also known for Robo-signing; Carrington, NDEx West and MERS:
Croft, Tom-Tom Croft  employee of Carrington Mortgage Services, LLC – Orange/San Diego County CA.
Schleppy, Greg – Greg Schleppy – employee of Carrington Mortgage Services, LLC – Orange/San Diego County CA.
Carter, Christina –Christina Carter is an employee (Manager, Account Management) of Ocwen Loan Servicing, LLC in West Palm Beach, Florida. Assignments signed by Carter are used in cases involving Saxon Asset Securities trusts. These Assignments are often prepared, signed and filed years after the closing date of the trust. Deutsche Bank Trust Company Americas is frequently the trustee that forecloses using these Assignments. As an employee of Ocwen Loan Servicing of West Palm Beach, Florida, a “sub-servicer” which handles routine mortgage tasks for banks. Her signature — just two “C”s — has appeared on thousands of mortgage assignments and other documents this year. A New York state court judge called Carter a “known robo-signer” and said he’d found multiple variations of her two-letter signature on documents, raising questions about whether others were using her name. In a phone interview, Carter acknowledged signing large numbers of mortgage assignments this year, but said they all were legally done. 
But the notices posted to our door have come from Carrington Property Services LLC

Here is the disclosure duck-taped to our front door and posted in the center of our front window:

May 13, 2013

To Whom it May Concern:

We are tenants at 3558 Seafarer Drive and have a bonafide lease through March 2014. We have tried several times over the past seven months to purchase our home. Tried to short-sale the property through Chase Bank before it was foreclosed on with no avail. After foreclosure Chase could not accept our offer because they “are not the owner, they are the servicer.” After numerous attempts, proof of ownership has not been verified or provided to us. A copy of the “robo-signed” deed (possibly fraudulent document) filed at the San Diego County Recorder is attached. Novelty notices have been posted to our door by a lawyer representing US Bank and were not followed through: 90 day notice to vacate (posted January 10, 2013), demand to enter for repairs on May 1, 2013, and a notice stating Carrington Property Services LLC has authorization to act on behalf of the owner (attached) and to direct rent payments to an address and phone number that does not match the business card (attached) that was provided by the security guard who said an appointment is required to enter the building. Carrington is not BBB accredited and has not provided proof of ownership or affiliation. US Bank (the owner on the recorded deed) has said they have no record of the property, did not hire a lawyer to evict us and can not claim ownership of our home. 

Additional information, and contacts for those who have participated in this situation are provided in the attached email as an example of how our rights have been violated.

Access inside the premises will ONLY be granted to the verified legal owner. 

Because we have recently heard that our home may be publicly listed in the next couple of weeks, we feel that it is our responsibility to offer this disclosure:

Potential Buyers BEWARE!

Do your own due diligence and verify legal ownership before making an offer on this home. You may knowingly be participating in a fraudulent transaction! We will not vacate this home until our case is heard by a judge, with a jury, in a court of law.

For your consideration,

Shelley Olson                 William Horenburg

We are eagerly awaiting Carrington's response to our "Qualified Written Request," though at this point, we are fairly certain that we will not get one. Also, today is the two week mark of when Claude told us Roselena informed him she would be listing our home "in the next couple of weeks." Our home is not listed on MLS... Yet!

Lastly, NDEx West (also BBB- F rating) is known all over the internet for "robo-signing" deeds and unlawful foreclosures. Notice on page 1 of the recorded deed, there is a tiny handwritten note "mail to:" above NDEx West and NO ADDRESS for US Bank! No wonder US Bank doesn't have any record of the property. Remember NDEx West was the auctioneer at foreclosure and when we contacted them before the auction NDEx West claimed to be the lawyer representing the owner. The deed is robo-signed by Ricardo Juarez of NDEx West. I even looked into the notary, Rebecca Hetherington: her notary number is registered to two different company names (that I could not verify even exist in Texas), and the address she used is the same as NDEx West!! 

It is so strange to me to think that someone (who may or may not actually own the property) can sell our home without a "clean title," which is my assumption. If that happens, I'm sure the DA will be dealing with another fraud case! Why doesn't anyone care about the robo-signed deed now, before someone buys the home? Why is this even OK?! Fraud is fraud, and is a felony. The banks/servicers get a slap on the hand and KEEP DOING IT! No jail time? I wonder why no one is able to help the renter in this situation? Isn't possession 9/10 of the law?!
More to come...