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:

http://interactivecounsel.com/robo_siging_surrogate_signing_and_sewer_service
Robo-Signers for NDExWest:

NDEX WEST, LLC, WELLS FARGO BANK, N.A.

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: http://www.corp.ca.gov/FSD/Licensees/default.asp?flag=1&srchtyp=contains&licstatus=active&busname=Carrington&id=4130904&lictype=&city=&state=ca&zip=

Also known for Robo-signing; Carrington, NDEx West and MERS:
http://takeyourhomeback.com/?p=428
CARRINGTON MORTGAGE SERVICES, LLC (Santa Ana, CA) http://www.scribd.com/doc/61103865/July-2011-Who-s-Robosigning-Now-The-Latest-Newcomers  

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...

Looking More and More Like Foreclosure FRAUD!

Why hasn't anyone taken us to court yet? Why hasn't anyone provided us proof of ownership if they wanted to collect rent and do repairs?

I contacted the legal advisor, Leah Simon-Wiseburg of tenantstogether.org, who has been helping us through this situation since September of last year. I explained our frustrations of not knowing who the legal owner is. She offered to contact Dess, of Ruzicka and Wallace. Since Ruzicka and Wallace seems to be representing the bank, she requested help in contacting the owner so we could submit our purchase offer. Dess replied on April 1st and said she would forward our offer to the owner! Yeah! Finally, a (seemingly) open avenue!! We submitted a new purchase offer the next day. Leah then followed up to let me know that "the bank" is requesting to do an appraisal of the inside of the house before they will consider our offer. She asked me to email her days and times that I may be available to allow access the following week. My realtor, Claude, that wrote our purchase offer(s) said this is not an uncommon request, so I gave Leah times: Any morning 9:30-12:30 is fine. Confirmation of the day would be good. 

No response. I emailed Dess and left voicemails. Nothing. Leah called to let me know that Ruzicka and Wallace could not be in communication with me directly and to stop contacting them. She recommended that our realtor call. Claude left messages as well. Then on May 9th he called to say he had received an interesting phone call from Roselena. She was wondering if he had heard from me lately. He let her know that we had just submitted a purchase offer the previous week. She was surprised. She informed him that if we wanted to purchase the house we would need to submit a pre-approval letter to HER! Not cool. We know she has a cash buyer in mind and we don't want to let her know what we can afford in order to allow her buyer to out-bid us. She also said that she would be listing our home in the next couple of weeks.

Then on Friday May 14th Claude called to let me know someone from Ruzicka and Wallace called and asked him not to contact them anymore. They said there is nothing more they can do.

This is the last time we will try to purchase this home. We are now fully aware that there is no chance in hell. We are also pretty positive that something seriously deceptive and possibly illegal is going on! Either no one legally owns our home, or the owner is doing everything they can to remain annonymous to avoid facing prosecution!
For a preview of my next post; check out last nights airing of our story on KUSI Turko Files: http://www.kusi.com/story/22402369/hungry-sharks

90 Day Notice Expired, but New Posts from Carrington Keep Coming

What the heck? We were mentally prepared to be representing ourselves in court over this already!

More notices from the lawyer were posted on March 25, 2012.
Notice #1:

NOTICE TO TENANTS: 

Information for Service of Process, Notices and Demands
The person authorized to manage the premises is: Carrington Property Services LLC at 1610 E. St Andrews Place, Suite B-10, Santa Ana, Ca 92618; Telephone (877)616-2777.

The name and street address of the person authorized to act on behalf of the owner for the purposes of service of process and receipt of all notices and demands from tenants occupying the Premises is: Ruzicka and Wallace LLP, 16520 Blake Parkway, Suite 280, Irvine, Ca 92618.

Information for Payment of Rent
Rent Payments should be made payable to Carrington Prepoerty Services LLC and delivered to Carrington Property Services LLC at 1610 E. St Andrews Place, Suite B-10, Santa Ana, Ca 92618; Telephone (877)616-2777. Rent payments may be made personally during business hours or 8:00am-5:00pm, Mondays through Fridays, excluding legal holidays. Rent payments may be made in the form of cash, check, cashiers check or money order.

Hmmm. This is not a demand for rent. It does not say how much is due or the date it is due by. 


Notice #2:

NOTICE TO ENTER DWELLING

NOTICE IS HEREBY GIVEN THAT, pursuant to California Civil Code Section 1954, the Owner and/or its agents, employees, or contractors will enter the premises on or about Wednesday, April 1, 2013 from 12:00 Noon to 2:00pm for the purposes of inspection to determine if repairs and services are necessary. Carrington's contact information is also listed along with the lawyer info on the second page of this notice.

Back page to both notices:

We had a friend in Santa Ana stop by Carrington's office at the address above to make sure it was a legit business. It was a highly secured building with cameras and security guards patrolling the parking lot. She was stopped upon entry. She explained she was there to check into paying rent and showed the guard the documents. He was confused and directed her to the security guard at the front door. That guard was also confused and said she was not allowed to enter the building without an appointment or an authorized key card. He had never had anyone try to pay rent there before. He stated: "I don't think that's what they do," and handed her a business card that references a different suite number, #B-150 and different phone #949-517-7000. 

On May 1st we posted this to our door:

May 1, 2013

To Whom it May Concern:

You DO NOT have permission to enter the premises. We have requested verifiable proof of ownership of 3558 Seafarer Drive. This has not been provided to us. We will allow access for repairs ONLY after we are able to verify that you (or any other person, contractor, etc) has been hired by the legal owner.

You may provide this information via email at: shello24@gmail.com

Once we are able to confirm the above, you may email to arrange a time for repairs.

Thank you,

Shelley Olson and William Horenburg

I did not open the door when the contractor knocked. He called my cell phone and stated that he was here to do the repairs that "I had requested!" Then I overheard him make a couple of calls and asked if they knew anything about what was going on. He knocked again and then left. 

Temporary End... We Have Not Heard From Roselena Since

  

Seafarer - update

Inbox

Roselena Dellamary <smaster@aol.com>

Apr 3

to me 

Good morning Shelley,

Hope you are doing well.

Just want to say hello and see how everything is going...

Have you heard from anyone?

Let me know,

R

Roselena Dellamary

Coldwell Banker

(760) 525-3036 Cell

(760) 941-7284 Fax

40 Main Street, Suite E100

Vista, CA 92083

rdellamary@coldwellbanker.com

DRE Lic # 01405608

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

Shelley Olson <shello24@gmail.com>

Apr 4

to Roselena 

Roselena,

You have lied to us over and over again. I/we have felt bullied by you and have expressed this in previous emails. You have been unable to supply proof that you were hired by the owner to participate in this matter. 

We are very well aware that you will not supply the ownership and contact information we have requested. Any further communication with you is unnecessary and considered harassment. Also, please do not continue to upset our right to quiet enjoyment by constantly driving by to take pictures or leave posts on our door. We have lived with high levels of anxiety and stress over the past few months. You are not welcome to continue adding to it. 

Sent from Shelley's iPhone

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 5
to me

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

rdellamary@coldwellbanker.com

DRE Lic # 01405608

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

Shelley Olson <shello24@gmail.com>	Mar 5
to Roselena

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

Roselena Dellamary <smaster@aol.com>	Mar 7
to me

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

rdellamary@coldwellbanker.com

DRE Lic # 01405608

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

Shelley Olson <shello24@gmail.com>	Mar 7
to Roselena

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? 

Roselena Dellamary <smaster@aol.com>	Mar 7
to me

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

rdellamary@coldwellbanker.com

DRE Lic # 01405608

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

Shelley Olson <shello24@gmail.com>	Mar 7
to Roselena

?? 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 7
to me

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 7
to Roselena

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?

Roselena Dellamary <smaster@aol.com>	Mar 7
to me

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.

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

rdellamary@coldwellbanker.com

DRE Lic # 01405608

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

Shelley Olson <shello24@gmail.com>	Mar 15
to liz.mitchell, turko, Leah, joannef, andrew.masters, john.wilbur, amy.walker, ldoronzo, District, Roselena

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 16
to me

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

rdellamary@coldwellbanker.com

DRE Lic # 01405608

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

Shelley Olson <shello24@gmail.com>	Mar 16
to Roselena

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