The profile for deceptive business practices’ includes willful negligence and unlawful acts brought by a predatory lender. The lender and or its successor have to share liability and divulge their roles operating under the direction of an FDIC member bank. You’re concerned for the beneficiary going to forced sale in a recovery effort is contrary to what was represented to you by the trustee’s office. Another misrepresentation is likely something counsel will want details on subject to their claims and actions.
Understandably I want your attorney to prioritize my findings and to kindly review with you the grounds for relief the likelihood for altered or tampered documents that lack integrity and merit for counter claims and their supporting arguments. My immediate concern is related to the integrity of the recovery. These moves by various interested parties to the beneficial interest are subject to allegations of “latches” lacking “Joinder” and introducing unlawful “estoppels” (estoppels by deed). Instruments used for recoding the instruments such as assignments and notices are produced from lenders software and are dated timestamps on the software programs. Remember these documents are county recorded preprinted instruments and products of government approved software. The software is sold with representations and warrants that assure the owner of maintaining the integrity of records with the county recorder’s office. It’s something to remember should the matter proceed thru interrogatories
Certain evidence are subject to and include various California Code of Civil Procedure sections 473(b), 476(d) and 473.5 and that specify the grounds on which you can base a motion for relief of default from a forced and unlawful sale or default judgment. In any conveyance of real property, a trust deed or deed of trust is critical instrument necessary for a transfer of the beneficial interest or title to the asset from one party to another. We can document herein no specific financial interest in the title to real property, transferred to a trustee, without benefit of assignment or and logical account for true consideration. Does the lender claim to have an option on title or have executed a security deed in lieu of a trust deed? Therefore who is making the claim subsequent to sale for the any counter party who may hold the obligation on a balance sheet and must ledger the entry upon its transfer and sale? Who really is the obligor (FDIC member bank) versus trustor and whereby the other is acting in role of a beneficiary.
In this case the lender is acting as if they own the home from the inception of the obligation. The recorded information (instruments) is defect and somewhat altered. The presumption for deceptive business practices suggest the deed, resting in a defective state will prohibit the transfer or conveyance of title in a sale. The deed, if voidable will cause the sale to fail and allow your attorney to motion to have the sale by trustee rescinded.