Wednesday, June 19, 2013

New People Claiming Ownership Without Proof, Requesting Rent Payments, and Harassing Us!

After the "Cash for Keys" offer came from Jeff Wagner and Cindie Willis of Excel Properties, we got a first and second notice on our door from Michael Blue of Home Smart Realty West/Coldwell Banker, representing First Service Residential Realty and Select Portfolio Servicing as the newly acquired "owner."

I emailed Michael and Cindie:

June 14, 2013

Dear Jeff Wagner and Cindie of Excel Properties, Michael Blue of Home Smart Realty West/Coldwell Banker, First Service Residential Realty, and Select Portfolio Servicing:

Please forward this email to your contacts at First Service Residential Realty and Select Portfolio Servicing as we have not been given names or contact information for them.

If you are now representing the “owner” of our home, you should know that your client is already well aware of our situation. You have seen our disclosure on our front door and front window. You may also have viewed any of our four interviews, aired on KUSI news, with Michael Turko. The most recent:

If you/your client is somehow unaware, we would like to share how we have tried unsuccessfully for eight months to submit our purchase offers to buy our home; including efforts to short-sale before the foreclosure. We tried with CHASE Bank (before and after the auction), Roselena Dellamary (the assigned listing agent, who refused to forward our offer to the asset manager), by email to Carrington (with no response) and twice with US Bank (who is listed on the deed as the owner but has NO RECORD of the property). Our last attempt consisted of our legal advisor and realtor negotiating with Dess Richardson of Ruzicka and Wallace, who was representing the “owner” (US Bank) as they posted the documents stating: “The person authorized to manage the premises is: Carrington Property Services, LLC.” and “The person authorized to act for and on behalf of the owner for the purposes of service of process and receipt of all demands from tenants occupying the premises is: Ruzicka and Wallace, LLP.” 

Now we are even more confused and frustrated to be dealing with Excel Properties, SPS and now Service First Residential Realty and Michael Blue, who have also been posting notices to our door also without expressing any proof of ownership. The DRE website warns tenants to verify proof of ownership before accepting a cash for keys offer. We also have learned the importance of verifying our rent payments are going to the rightful owner as we have paid rent to a party that was not paying the owner- twice! 

It has been clearly communicated that we will ONLY pay rent to the verifiable legal owner and since we have a current bonafide lease through March 31, 2014, we will NOT sign a new lease. US Bank is listed as the trustee but has no record of the property and are unable to accept our purchase offers or rent. Since we have previously supplied copies of our lease etc and done a habitability inspection (we will allow for repairs when they are requested by the verifiable legal owner only). We feel it is unreasonable to continue to repeatedly leave posts to our door. Future posts will be considered harassment.

Since we have not yet received a response to the “Qualified Written Request” mailed to Carrington Mortgage Services, we have no verifiable proof of legal ownership of our home. What we do have is certified copies of the fraudulent, robo-signed documents filed at the county recorder.

Also, to be noted: We moved into this home in “AS-IS” condition, spent many hours cleaning, patching holes, painting and making repairs and upgrades to ensure our enjoyment of our home for at least two years. We even put in artificial turf and landscape in the backyard that was just dirt when we moved in. Total investments add up to over $8000. We have been through a whirlwind of stress, anxiety, heartache, and grief as we have already been threatened and harassed by the first rounds of servicers and agents who have been unable to verify ownership or resolve the situation.

A new qualified written request will be mailed to SPS (who First Service Residential Realty has informed us “recently acquired” our home). We are again requesting verifiable proof of ownership. Please supply this information via certified mail to: Olson/Horenburg at 3558 Seafarer Drive, Oceanside, CA 92054.

If your client would like to avoid taking us to court, we may consider a generous settlement offer.


Shelley Olson and William Horenburg

I also posted this email to our front door and highlighted the part about future notices posted to our door will be considered harassment.

Michael Blue taped a third and final notice to our door, right next to my notice:

Cindie responded by phone and by email stating she would forward it so I could deal directly with the bank. Michael Blue never responded and we have not gotten any additional posts since.

Then this letter came in the mail from ANOTHER ATTORNEY REPRESENTING THE "OWNER," US BANK!!! 
This letter says a copy of the deed is enclosed, but it was not. I have previously posted the deed I printed from the County Recorder's office in my post: "Buyer's Beware."

We sent a new Qualified Written Request to SPS and Carrington (which still has not responded to our first 2 qualified written requests) via certified mail. The one to SPS was delivered yesterday.

I received a voicemail from Allison (an ombudsman for SPS) later that afternoon. I will keep you posted with what happens after I respond.

TAKE US TO COURT ALREADY!!! GEEZE! (You know why no one has- they have NO LEGAL PROOF OF OWNERSHIP!) There is no way to evict us without it.