Thursday, May 23, 2013

No Answers as to Legal Ownership and the Harassment Continues


Email correspondence with listing agent copied and pasted from my google account:


Roselena Dellamary <smaster@aol.com>
Mar 5pastedGraphic.pdf

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to me pastedGraphic_3.pdf



Hi Shelley,
Just saying hello.
I did not receive any further instructions from my asset manager as far as your requests/questions are concerned, so I don't have anything to share with you at this time.

I think the date for you to vacate the home is coming up soon.
Do you need any help finding a rental?
Or, were you able to find a home to purchase and close before that date?
Looking forward to hearing from you,
Best

Roselena Dellamary
Coldwell Banker
(760) 525-3036 Cell
(760) 941-7284 Fax
40 Main Street, Suite E100
Vista, CA 92083
DRE Lic # 01405608

Please visit www.rdellamary.com to view all listings in California




Shelley Olson <shello24@gmail.com>
Mar 5pastedGraphic_4.pdf

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to Roselena pastedGraphic_7.pdf


I was just thinking that it had been a while since I've heard from you so I checked my junk folder just incase- last night! 
We have put in offers on 7 homes. None have been accepted. Most were bought by cash buyers. We are looking at homes whenever possible and are trying very hard to find something that will work for us to buy. 
Andre still has not gotten back to me- so I guess Chase really does not want our business. We have a preapproval from Wells Fargo.
You might want to inquire again with your asset manager about a lease on this home? We are willing to pay rent here, like I've said, after we are able to verify ownership of the property. 
It is unlikely that we will be moving out on April 11th. We have not looked at other rentals. As you know, it is not our intention to move out only to rent again and possibly be put in a foreclosure situation which has happened to us twice.
Thank you for checking in. 
Please let me know when you hear any new news.
Thank you!

Sent from Shelley's iPhone
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Roselena Dellamary <smaster@aol.com>
Mar 7pastedGraphic_9.pdf

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to me pastedGraphic_12.pdf


Hi Shelley,
Thank you for the update.
I have given the information to respective asset manager.

I know you have been through a lot and have been caught up in a few 'surprises' to say the least.

But you may want to see that you have also gotten some 'good deals' out of the situation.

First, when they leased the house to you about a year ago at below market value...

Then you did not loose your deposit and you've had 5 months of free rent.

As I had mentioned before, and I don't know what your actual legal situation is because you have to check with your legal advisor for that, but if the bank carries out the eviction and it goes on your records it might hinder your ability to purchase and/or lease a home.

You might be thinking of 'principles', but you also should think of the practical aspect/consequences of sticking to the 'principle'.

You are young and have a long time ahead of you... this might be a good time to look at the future and just move on...
Don't miss the forest for the trees...

I will be glad to help you any way I can,

Kind Regards,


Roselena Dellamary
Coldwell Banker
(760) 525-3036 Cell
(760) 941-7284 Fax
40 Main Street, Suite E100
Vista, CA 92083
DRE Lic # 01405608

Please visit www.rdellamary.com to view all listings in California



Shelley Olson <shello24@gmail.com>
Mar 7pastedGraphic_13.pdf

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to Roselena pastedGraphic_16.pdf


Yes Roselena, it is good that we have been able to stay for free for a few months. We have now broken even from the time an money spent on fixing up the home that was rented to us in AS-IS condition (hence lower rent). That still does not solve the problem of having nowhere to go on April 11th. We have a lease thru march of next year. It would be ideal to rent until we find a home to buy. I just need proof of ownership so I know who to write my rent checks to. Why hasn't anyone been able to provide this information? 
pastedGraphic_17.pdf

Roselena Dellamary <smaster@aol.com>
Mar 7pastedGraphic_18.pdf

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to me pastedGraphic_21.pdf


Hi Shelly,
I don't know what the legal status is since you do not have a lease with the current owner....
Since I'm sure you know what you're doing, I won't  worry about it.

Let me know if anything changes,

Roselena Dellamary
Coldwell Banker
(760) 525-3036 Cell
(760) 941-7284 Fax
40 Main Street, Suite E100
Vista, CA 92083
DRE Lic # 01405608

Please visit www.rdellamary.com to view all listings in California



Shelley Olson <shello24@gmail.com>
Mar 7pastedGraphic_22.pdf

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to Roselena pastedGraphic_25.pdf


?? I'm confused by your last email. I don't know who the legal owner is. I need that information from your asset manager.

Roselena Dellamary <smaster@aol.com>
Mar 7pastedGraphic_26.pdf

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to me pastedGraphic_29.pdf


Hi Shelley,
You have known who the legal owner is at least since you received the eviction notice. The eviction notice was sent out by the legal owner of the property's attorney. Later you also obtained the copy of the deed as recorded at the SD County Recorders office. I also sent you a copy directly to you.

Several people have tried to explain to you how 'servicers' work.
No different than an attorney's office giving you the legal paperwork or working on a transaction while representing their client.

I don't know if anyone is offering you a lease  or not any more. I don't think that option is on the table at this time.

You need to contact Property Advantage/ Carrington Mortgage to check on that. I'm sure you have the contact information for them.  I have nothing to do with leases/rental agreements.

Please check with your legal advisor for any advise on these matters. I really don't have any other information for you at this time.
  

Roselena Dellamary
Coldwell Banker
(760) 525-3036 Cell
(760) 941-7284 Fax
40 Main Street, Suite E100
Vista, CA 92083



Shelley Olson <shello24@gmail.com>
Mar 7pastedGraphic_30.pdf

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to Roselena pastedGraphic_33.pdf


Ah, yes, USBank- who has no record of the property and who said they did not hire a lawyer to evict us. If they did own the property they would consider an offer for us to buy the home. 
This is so frustrating. 
On the deed it does not list an address where it says: "mail to: USBank." If USBank cannot verify they own the property and hired chase to be the servicer (Chase is not listed anywhere on the deed) how can I find documentation that Chase has the right to sell or rent this property? This is not verifiable- since your asset manager has not responded with contact info. Shouldn't there be some sort of public record that states Chase banks affiliation with the property, if it is in fact legal?
pastedGraphic_34.pdf


Roselena Dellamary <smaster@aol.com>
Mar 7pastedGraphic_35.pdf

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These are all questions you can ask your legal advisor.

All I know is that Properties are sold legally day in day out with the process that is in place.

Since you're obviously not comfortable with the process then you should look to buy or lease a property where you can physically meet the owner. That is NOT going to happen with a bank owned property.pastedGraphic_39.pdf

Let me know what your advisor tells you,
R

Roselena Dellamary
Coldwell Banker
(760) 525-3036 Cell
(760) 941-7284 Fax
40 Main Street, Suite E100
Vista, CA 92083
DRE Lic # 01405608

Please visit www.rdellamary.com to view all listings in California



Shelley Olson <shello24@gmail.com>
Mar 15pastedGraphic_40.pdf

pastedGraphic_41.pdfpastedGraphic_42.pdf
to liz.mitchell, turko, Leah, joannef, andrew.masters, john.wilbur, amy.walker, ldoronzo, District, Roselena pastedGraphic_43.pdf


Dear Roselena & Chase Bank, US Bank and/or Legal Owner:
Our legal advisor has said:
"The bank should not be threatening you with an eviction. They have already confirmed that you had a bonafied lease, so they’re not entitled to one. Even the 90 day letter to vacate really should not have been sent, since that is for month-to-month renters, whereas you have a bonafied lease for a specific term.  You might remind her of that, since a bank sending out notices and continuously demanding that people vacate within 90 days who they know are in a bonafied lease is in violation of the PTFA (Protecting Tenants at Foreclosure Act), and likely the CA Unfair Business Practices Act (Bus & Prof Code Section 17200, et seq.), which carries stiff penalties, including punitive damages.  Regardless, whoever owns the property has to go through the proper unlawful detainer procedures for an eviction, they don’t just magically “get one”, and the existence of a bonafied lease is a defense to a UD. Technically, there is nothing in the codes even entitling the bank or a new owner to collect rent,  since you don’t have lease agreement with them."

Since the asset manager for Chase has refused to view our offer to buy the home we are currently renting (as per Roselena telling us this) until we signed a month to month lease with Property Advantage (which we refused to do since we have a bonafide lease for another year) and now Chase bank has not followed up with us on an actual approval, we looked elsewhere. Wells fargo pre-approved us, but the hard approval was denied because of lack of time on the job & amount of savings in reserves, we will not be able to buy a home as quickly as we had tried so hard to do (putting in 7 offers, none of which were chosen) over the past few months. We would like to start paying rent to the legal owner as per the terms of our current lease through March 2014, after ownership can be sufficiently verified.

If the bank would prefer us to move out; in order to save court costs & attorney fees and sell the home sooner, we would consider vacating before March 31, 2014, after receiving sufficient payment from the owner allowing for moving expenses and time spent in anguish over the situation we have been forced to deal with. We have improved the property (rented to us in "AS-IS" condition) with our own time and money (we have receipts and documentation of $8315.28) and have kept the property in good condition since, with full intentions of staying here for the two year term of our lease. 

For your consideration,

Shelley Olson

RE: 
Roselena Dellemary DRE#01405608 760-525-3036
DA case # 2012RE0417 Steven B. Davis, Deputy District Attorney, Economic Crimes Division 619-531-4040, 619-498-5616 or 619-531-3869
CFPB # 121107-000675 (OLSON) 855-411-2372
CHASE ref # 20121030EOCHF0038 11/2/2012 888-310-7995 or 800-582-0542 or Scott Pullins at 888-310-7995x3200245 or 877-584-3290
CHASE Liz Mitchell 760-729-0918
CHASE Andre Gains 858-274-1667
DRE file# 3-12-1015-003 1/22/2012 M.L. Brown Special Investigator 213-576-6872 or 619-525-4256 
Congressman Darrell Issa 1/31/2013 via Amy Walker 760-599-5000
US Bank Branch Manager Renee McGuire 760-754-3040
KUSI Michael Turko 619-417-5052
Senator Joel Anderson 11/2/2012 651-676-1020
Ruzicka & Wallace, LLP, Dess Richardson Esq 949-748-3619
Property Advantage, Lara Doronzo 760-585-1790
FBI Andrew Masters 760-602-2277
Dept of Treasury John Wilbur 202-622-8952
LASSD Joanne 877-534-2524
Tenantstogether.org Legal Advisor Leah Weisberg, 415-495-8100



Roselena Dellamary <smaster@aol.com>
Mar 16pastedGraphic_44.pdf

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to me pastedGraphic_47.pdf


Hi Shelley,
I received your email and will forward it on Monday to the appropriate representative.

In reviewing my notes, I was informed by you on or about 1/12/13 that you had contacted your attorney in regards to the posted notice and he/she advised you that you should move out in 90 days which would be on April 11, 2013. You then set that as your target date and thus the subsequent references to that date.

In any event, I will let you know if I hear anything in regards to this matter.

Roselena Dellamary
Coldwell Banker
(760) 525-3036 Cell
(760) 941-7284 Fax
40 Main Street, Suite E100
Vista, CA 92083
DRE Lic # 01405608

Please visit www.rdellamary.com to view all listings in California


Shelley Olson <shello24@gmail.com>
Mar 16pastedGraphic_48.pdf

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to Roselena pastedGraphic_51.pdf


No, I contacted the attorney, Ruzicka & Wallace, listed on the notice representing US Bank who gave the April 11th date.
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