Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
FORECLOSURE!
HOW TO FILE A:
NOTARY COMPLAINT
IS THERE A
BROKEN CHAIN OF TITLE ON
YOUR PROPERTY?
2011 www.NotaryComplaint.com
TABLE OF CONTENTS
DEDICATION
INTRODUCTION:
I.
i.
ii.
II.
JURISDICTIONARY
III.
NOTARY PUBLIC
IV.
V.
a)
b)
c)
A.
B.
C.
10
a)
10
b)
10
c)
10
VI.
11
VII.
12
a)
12
b)
Cost of Documents
12
VIII.
13
a)
13
IX.
13
X.
14
XIII
XVII.
17
a)
17
21
1.
21
2.
21
3.
21
4.
21
5.
22
6.
22
7.
Prepare and send by Certified Mail (or fax) to the Notarys Bonding Company if applicable
22
8. Fax the Notary Complaint sent to the Secretary of State and the Bonding Company, to Your
Servicer, Your Trustee and their Attorneys
22
9.
XVIII.
Stay in touch with the Secretary of State, your Servicer, the Trustee
22
23
a)
23
b)
23
XIX.
24
XX.
CONTACT ASSISTANCE
24
APPENDIX 1
25
APPENDIX 2
48
APPENDIX 3
55
APPENDIX 4
67
APPENDIX 5
68
APPENDIX 6
71
DEDICATION
This E-book is dedicated to John C. Stuart, that without his tireless and unselfish
efforts to assist homeowners that are facing foreclosure, this book could not have
been written.
John C. Stuart is helping homeowners all over the country to save their homes
from imminent foreclosure, by understanding what the Banks, Servicers, Trustees
and Courts have been doing to the unsuspecting and uneducated homeowner
during this housing crisis.
To learn more about what John is doing these days, other ways of defending your
home and to donate to Johns cause, PLEASE contact him below. (John only
accepts donations as opposed to outright charging people, so please give
generously, because this book will help you fight for your home)
INTRODUCTION:
First and foremost, I want to say: GREAT JOB!! You have just separated yourself from most of
the homeowners in the United States. You are willing to FIGHT back and not let the bank
STEAL, yes, you read that right . . . STEAL your home. Did you know that less than 1% of the
people who are in Foreclosure fight back, and most of those that are fighting back have no idea
how to fight back. The objective is NOT to get a FREE & CLEAR house. The objective
is to show that even though you may actually owe the debt to someone, it is not the
Bank/Servicer/Trustee, that is in Court across the table from you. The Bank/Servicer/Trustee
that says they own the Debt is probably not the entity that owns the Deed of Trust/Mortgage and
Promissory Note. Your only challenge now, is to prove it. By following this guide you will be
able to create a situation where you may be able to Break the Chain of Title that the
Bank/Servicer/Trustee is using to foreclose on your home. Once this Chain of Title has been
broken, it is up to them to bring in ALL the paperwork that proves conclusively that you owe
them the debt. They will not be able to do this, and in the event they ever bring your Original
Promissory Note into Court, be sure to take full advantage of the opportunity that you have just
been given.
This book has been written based on what has been learned from John C. Stuart and my ability to
listen and read simple documents. It is also based on my getting up off of the couch, and joining
in a fight to save homeowners from Foreclosure. This guide is not the end all to end all way to
save your home, it is a method that can be just one part of a defense you can use to forestall and
or beat the Bank/Servicer, Court and/or Trustee from stealing your home.
I.
NOTARIZED DOCUMENTS ARE THE FOUNDATION TO EVERY PARCEL
OF REAL ESTATE IN THE UNITED STATES
For over 400 years, the ability to clearly know who owns what parcel of land, and who is owed a
debt, throughout the United States has been established through the records at the County
Recorders office for your local County. With the advent of MERS (Mortgage Electronic
Registration System), in the mid 1990s by the banking industry and Wall Street, along with the
Securitization of your Promissory Note, the records at the County have become extremely
clouded and unclear.
The objective now is to use this to your advantage. Since the banks have created this monster,
you are going to learn in the following pages how you can use the documents that the bank has
recorded, against them. You may not know what each document means, what it is used for, or
even why it was used by the bank, none of that matters. You are going to learn how to use these
recorded documents against the bank to create a situation that they will ideally either slow or
stop your foreclosure, until you are able negotiate with them.
a) the presumption is that the bank/servicer & trustee are
telling the truth, why is this so?:
Presumption Blacks Law Dictionary, Sixth Edition Deluxe
An inference in favor of a particular fact. A presumption is a rule of law, statutory or judicial, by which
finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted. (Van
Wart v. Cook, Okl.App., 557 P.2d 1161, 1163).
A legal device which operates in the absence of other proof to require that certain inferences be drawn
from the available evidence. (Port Terminal & Warehousing Co v. John S. James Co., D.C.Ga., 92 F.R.D.
100, 106).
A presumption is an assumption of fact that the law requires to be made from another fact, or group of
fact found or otherwise established in the action. A presumption is not evidence. A presumption is
either conclusive or rebuttable. Every rebuttable presumption is either:
i.
ii.
Look at the words that have been bolded/highlighted. The Court/Judge Presumes/Assumes that the
Bank/Servicer and/or Trustee is telling the Truth, based on the Absence, or lack of CONTRARY
evidence being introduced or provided, or until the presumption is rebutted by You.
Until you present rebuttable evidence, the Bank/Servicer & Trustee will be Presumed by the Court
(Judge) to be correct in their statements that the loan is in default, and that the Bank/Servicer & Trustee
are within their rights, according to the recorded documents, to sell your house and evict you.
DO NOT EVEN ATTEMPT to go into Court, without first having filed a Notary Complaint.
The goal is not to tell the Court/Judge how much of a low life scum bag piece of trash the Bank/Servicer,
Trustee or the Attorney is, the goal is to let the Court/Judge know you are in the process of seeking
rebuttable evidence to Banks/Servicers & Trustees claims that they can sell your home.
In the event you have already been foreclosed on, this should assist you in at least being able to stall the
eviction for a while. (This is not legal advice, and cannot be guaranteed).
In the event your home has not been foreclosed on, you can start faxing the Notary Complaint to the
Bank/Servicer & Trustee about 10 days before the Trustees Sale Date, you will be amazed how fast the
sale date gets moved. It will probably be moved out about 30 days, within 3-4 business days of your
faxing over the Notary Complaint.
Once this happens, as long as you have not received anything back from the Secretary of State for the
Notary, continue to fax the Notary Complaint to the Bank/Servicer & Trustee, about 10 days before the
Trustees Sale date NO MATTER HOW LONG IT TAKES!!
You must provide rebuttable evidence to the documents (ie: Substitution of Trustee, Assignment of
Mortgage/Deed, any Notarized Document, NOD, Trustees Deed Upon Sale.. etc), that the Bank/Servicer
& Trustee are using to Steal your house. Without the rebuttable evidence, you will have no chance at
challenging the Bank/Servicer or Trustee in any legal arena.
This Notary Complaint Guide will provide you with ability to obtain the necessary Rebuttable
Evidence, so that you can let the Bank/Servicer, Trustee & the Court know you are challenging the very
documents that the Bank/Servicer & Trustee are using in an attempt to steal your home.
This puts the Trustee in a very interesting position, because the Trustee supposed to be the Noninterested third party that does not hold either parties interest above the other. Although, most of the
time these days, the Trustees are either companies set up by the Banks and/or Servicers to hide behind, or
a law firm that was hired by the Bank/Servicer to foreclose on your home. Most of the time, there is a
conflict of interest between the Bank/Servicer & Trustee, simply because of the business arrangement that
they have, and who is actually being represented by the Law firm showing up in Court.
This is where you are going to request information about who the Present Beneficiary is based on
information that has been provided by the Trustee in the Recorded Notice of Default. (see: Present
Beneficiary The Mystery Entity in your Notice of Default).
II.
JURISDICTIONARY
So far, this is the best way to learn about the law and have a self-help course for you to help defend your
house, or any other matter you may need help with in regards to any Legal matters. This CD set was
recorded by an Attorney in Florida with over 25 years of experience. You will want to get the 4-CD set
($249.00) and go through them. The CDs will explain how you can put together a case that will have the
knowledge and facts to support it. This is not supposed to be a substitute for competent legal help. In the
event you use an Attorney, you will have the knowledge through Jurisdictionary to understand what the
Attorney is doing, and why they are doing it.
Copy and Paste this link to go to Jurisdictionary: www.jurisdictionary.com?refercode=RR0007
III.
NOTARY PUBLIC
a) What are the Notarys responsibilities?
The Notary is ONLY responsible for verifying the person standing in front of them is the
person who is signing the document. The Notary is Not responsible for checking the
authenticity or legality of the document or whether the person singing the document works
for the company that is listed on the document.
IV.
V.
Once you have created a break in the chain of title, it becomes the other persons, or companies
responsibility to Attempt to fix it. Although, in this instance, the only way to fix this, is by creating
another document, that may fall under the same situation that you have just had, a false and/or forged
document that you can challenge again.
a)
(See Appendix 1)
Appendix 1 contains a list of the States that require Notary Journals, along with States that have Judicial
and/or Non-Judicial proceedings for Foreclosure actions.
b)
In the event you have already been foreclosed on, this does not mean that the fight is necessarily over.
What it means is that you can still go back and challenge the Notarized documents to determine whether
the Trustees Sale was void. In other words, an Unlawful Foreclosure. One of the biggest questions
is, were the documents that the Lender/Servicer/Trustee used to Foreclose on you, Legally Sufficient?
In the event, through your investigation you uncover that one or more of the documents used to Foreclose
on your property were not legally sufficient, then you may be able to file a law suit against the
Lender/Servicer/Trustee for Wrongful Foreclosure and obtain money damages. You MUST consult with
competent legal counsel licensed to practice in your jurisdiction before attempting to do anything within
the area of Law. In the event you find that there were illegal documents that were used to Foreclose on
your home, contact a Lawyer to discuss your options.
c)
(See Appendix 4)
1. Notary Laws. These are EXTREMELY important. Please read and understand the laws in
regarding the conduct of Notaries in the State which your Notary got his/her commission
from. You can reference Appendix 4 to use links to the Notarys States Notary Laws. The
10
State that the Notary is commissioned from can be found inside their commission seal
which is stamped next to their signature.
A. How long does the Notary have to respond? (Could vary between 21-30 days)
B. Determine the specific State code from the State the Notary is Commissioned from
which notifies the Notary this is a Public Information Request What you are looking
for is the Notary Law that states you are allowed to inquire into any public document
the Notary notarized.
C. Do you need to include a money order? Some States require that you pay for each page
requested. The cost is usually between $ 0.25 - $ 1.00 per request. Just send a $1
Money Order with each request to be safe.
D. Include a self addressed stamped return envelope
2. Understand which laws could apply
A. There will probably be more than one Notary Law that was broken
B. Examples: Determine if the Document was not actually signed while in front of the
Notary. Does the date by the signature match the date of the notarization? Do the
signatures of each individual match their signatures on other documents or in the Public
record? Is the notary journal page produced even real?
C. Do Not take any document at face value. Always make the Notary prove that they
Notarized the document correctly. A document may look correct on its face, and yet,
the supporting information proves otherwise. Until you request the information about
the document you will not know whether it is correct. You will see what this means, as
you go through the examples below.
VI.
When you go to the County Recorders (Clerks) office, look for any Notarized documents that have been
filed by the Bank (Servicer/Lender), Trustee or any 3rd party company against your property. Most of the
time, the documents you are going to be looking for are:
1. Deed of Trust/Mortgage This is the document that secures your home to the payment
obligation stated in your Promissory Note. The Promissory Note is not recorded but the Deed of
Trust/Mortgage is. In the event you signed the Promissory Note and Deed of Trust at the Escrow
or Attorneys office, the odds of there being anything wrong with the notarization of these
documents are slim. However, when the Refinance boom was going strong, a lot of people
mailed their signed loan docs back to the lender, and magically your loan got funded. What
you dont know is that the copy of your Drivers License and Social Security Card that you sent
back with the Loan Docs, is what the Notary used to verify that you were who you said you
were. The proof of this is usually the fact that one date is stated on your Promissory Note and
11
Deed of Trust, and a different date is listed by the notorial acknowledgement on the Deed of
Trust. This Notarization is invalid because you were not present before the notary when it was
acknowledged, and the person signing before a Notary, MUST be in front of the Notary when
they sign. Did you mail your loan docs back? If so, you need to obtain this document from the
County.
2. Substitution of Trustee This document is where you will sometimes find MERS making its
first move. This document is usually used once you have defaulted on your loan and they are
looking to start the Foreclosure process. This document substitutes or trades out the original
Trustee that was on your Deed of Trust, and puts in another entity.
3. Assignment of Deed of Trust/Mortgage This document is used to assign your Deed of
Trust/Mortgage to the next company in the Chain of Title. The ones from MERS are usually
signed by an individual listed as Assistant Secretary or Vice President or Assistant Vice
President or some other fake title.
4. Trustees Deed Upon Sale This document is filed after the foreclosure sale has taken place.
You can challenge this document, just like all the rest. What you are also looking for on this
document is who the actual party was that bought the home, and who was listed as the
beneficiary at the time of the sale. In the event the bidder/purchaser is some company you
have never heard of, there may be bigger issues with the entire Chain of Title. If so, consult with
a competent Attorney.
5. Notice of Default and Notice of Trustees Sale You will want to obtain these documents also.
In the event you find that there has been a Break in the Chain of Title, these documents become
further evidence that there was misconduct by the part of the foreclosing company. In the event
you discover a break in the Chain of Title these other documents may be considered false,
fraudulent and void in the trial of foreclosure. Please check with an Attorney before you do
anything with respect to the Law.
VII.
You will need to obtain the documents listed above by physically going to the County Recorders office
and requesting them yourself. Most of the time, the documents you need are not documents you can
obtain online. In the event you do not have the time, or are too far away, please email us at:
CountyRecorderHelp@noatrycomplaint.com for assistance. (In Southern California right now).
b)
Cost of Documents
1. Per Page 1st page Usually between $2.00 to $5.00, the rest of pages, $1.00$3.00.
2. Always get Certified Copies This can range from $1.00 - $5.00 per document.
(not per page) In the event you ever need to file a law suit, most courts will only
12
accept Certified Documents. This will save you the time and expense of going to
the County Recorders office a 2nd time.
a)
1. When looking at the documents, be sure to look at each and every document. Does the
person signing the Substitution of Trustee happen to be the same person signing the
Assignment of Deed of Trust/Mortgage? .. if so, Did they sign as a representative of 2
different companies, and possibly sign on the same day?
2. Are the signatures legible? This can become a huge issue, if through your investigation you
may uncover the knowledge that someone else, other than the Notary may have signed the
document. Simply because the actual signature of the Notary, does not look anything like
the signature on the document.
3. Determine whether the date that the document was signed, (Usually the date is above the
signature), is different from the date it was notarized.
4. Determine whether the return address is a Trustee, or a possible company that does Robosigning for the Mortgage industry.. i.e.: LPS, DocEx., etc.
5. Determine whether the Notary actually signed the document. This can be done by
obtaining other documents that the Notary has signed. Look at the Bond, look at the letter
you received back with the information, find other documents recorded in your County
Recorders office that may have the Notarys signature on it. Compare the signatures, do
they match? This web site has a number of signatures from different Notarys and signers
on different documents: www.whatsignature.com
IX.
13
2. Include the Notary Code for the Notarys State that lets the Notary know your request is a
Public Information Request. This will be the code from the Notary Laws of their state
that allow you to request information from the Notary regarding the document in question.
Use the term Public Information Request when you send the letter to the Notary.
3. Ideally send the request to the Notarys home address. Although, sending to both the home
address and the Notarys work address, (if known, check the upper left corner of the
document in question), creates the situation where you have put both the Notary and their
employer on notice that you are looking into this document.
4. When you send the Request to the Notary, be sure to send the original signed Request letter
from yourself, and copies of the documents. Do Not send the original certified
documents, simply because, in the event you need to file in Court, you will still have the
Original, Certified copies you obtained from the County to file in Court.
5. In the event you have more than one document notarized by the same Notary, do not save
money by sending the requests in 1 envelope, send the requests in separate envelopes to
both their home and work address. Send the work envelopes, Certified. This creates the
situation that both the Notary and the employer realize you are looking into multiple
documents.
6. Be sure to keep copies of everything that you send to the Notary: ie: Your Request Letter,
Copies of the Documents sent to the Notarys home and work, The original Certified Green
slips from the Post Office, and upon the return of the Green Cards from the Notary, place
those with this file.
X.
14
Once you have the information back from the Notary, and have determined that something is a not
correct, then it is time to file the Notary Complaint with the Governing body of the Notarys State. In the
event you get the information back and find that nothing is wrong, go back and look again, you missed
something.
XI.
Fax, and Certified Mail the Notary Complaint to your Servicer (company you are making the payments
to), your Trustee, (Company that filed the Notice of Default NOD), and their Attorneys. This alone
will send chills up their spines. It may also get your sale date pushed back for no apparent reason.
c) Check Bonding Requirements and Bond of Notary:
In the event there is a Bond required, and you think there may be a possible violation on the notarized
documents, ask the Public Notary Governing Body, how to obtain a copy of the bond. The bonds are
usually filed within the County that the Notary is working, with the Clerk of the County, or sometimes
called the County Clerk. This is also a very good way to get a copy of the Notarys signature because
15
they usually have to sign the bond. In the event you can obtain more than one bond, get them from the
Clerk, simply because it will give you more signatures to compare to.
Contact the Bonding company and ask how you can file a complaint against the Notarys Bond
16
a)
17
18
The next document to be filed should be the Notice of Trustees Sale. This is the document that gives
public notice that the property in question will be sold to the highest bidder, at a certain location, on a
certain day, at a certain time.
The next document to be filed should be the Trustees Deed Upon Sale. This is the document that lets the
public know that the property has been sold to the highest bidder, for what price and whom that bidder is.
As John Stuart has said over and over:
There are an infinite number of ways to do this wrong, only one way to do it right
The question now becomes; Did the Bank/Servicer or Trustee do the recordings in the proper order?
So, you now know what order the documents should have been recorded in.
1st Deed of Trust
2nd Assignment of Deed of Trust/Rents
3rd Substitution of Trustee
4th Notice of Default
5th Notice of Trustees Sale
6th Trustees Deed Upon Sale
So, now the question becomes: In what order were the documents recorded against the house?
Now, there may be two (2) dates, one is when the documents were signed and notarized, the other is
when the documents were recorded. The difference may be something that can be challenged by the
Bank/Servicer or Trustee in the event 2 documents were signed on the same day, although, recorded on
different days.
What you are going to be looking for is the Recording dates of the Substitution of Trustee and the
Notice of Default. (The Assignment of Deed of Trust/Rents is discussed in the Guide on Securitization)
The Substitution of Trustee MUST be filed before the Notice of Default. It comes down to: How could
the Substituted Trustee file the Notice of Default, when they have not been officially recorded into the
public records as the new Trustee?
Executed on:
Recorded on:
______________________________
Notice of Default:
_________________________
______________________________
_________________________
______________________________
In the event your Notice of Default was executed and recorded BEFORE the Substitution of Trustee,
you have a possible Broken Chain of Title or a Cloud on Title at the very least. (Check your state
foreclosure laws, sometimes the NOD can be filed first, as long as notice of the filing is sent out)
19
The question in the event your NOD was filed first will be this: Does the Original Lender named on
your Deed of Trust/Mortgage and Promissory Note still exist?
The reason this answer is so important is because according to Section 24 Substitute Trustee - (of
most Deeds/Mortgages): The Lender is the only one allowed to Substitute a new Trustee. It does not
say that the Lenders; Nominee, Assignee, Beneficiary, Agent, Successor or any other party may
Substitute in a new Trustee.
This becomes important simply because, in the event the NOD was filed before the Substitution, and
the Lender is no longer in business, there is No Legal Way to go back and have The Lender correct,
adjust, amend or fix in any way this mistake, because The Lender on the Deed and Note, does not exist
anymore.
In the event the NOD against the house was filed before the Substitution, you must attempt to contact
The Lender on the Deed and Note to find out whether they are still in Business. Look the lender up on
your Secretary of States web site for Business Entities, and in the event there is no longer an Agent of
Service in your state, look at the address, (usually listed on the Deed & Note), and check the state the
address is in. Call them to find out if they are still in business. In the event the lender is not in business
any longer, you have a nice defense to keep in your back pocket when the fun starts. You must find a
way to get an answer from them as to whether they still maintain an Equitable Right, Equitable Claim or
Equitable Interest in either the Deed of Trust/Mortgage or Promissory Note.
In the event you find an address for the Lender, write them and ask if they still have an Equitable
Right, Equitable Claim or an Equitable Interest in either your Deed of Trust/Mortgage or your
Promissory Note.
20
So, there are two (2) questions to be asked and answered based on this sentence in your NOD.
1. Who is the Present Beneficiary?
2. Does the term All documents evidencing obligations include the Deed of Trust, The Promissory
Note (That should have ALL of the Endorsements or Allonges attached) and this Declaration
of Default?
The identity of this entity is very important, simply because it will let you know just who and what is
being used to attempt to foreclose on the home.
Is this Declaration of Default Notarized?
Could this be another link in the Chain of Title that can be challenged?
You will find attached simple template (NOD Present Beneficiary), to ask the Trustee, who the Present
Beneficiary is.
21
The Notary is a Public officer, commissioned by the State that they are in. They are required
by law to provide you with the requested information.
7. Prepare and send by Certified Mail (or fax) to the Notarys Bonding Company if
applicable
This will have the effect of getting the Notarys attention real fast. Request that the Bonding
Company also look into this matter. Keep in mind that usually the Notary will get a copy of the
Complaint you send to the Bond Company. So, if you do not want the Notary calling you on the
phone, and screaming at you, be sure not to submit your phone number.
8. Fax the Notary Complaint sent to the Secretary of State and the Bonding Company,
to Your Servicer, Your Trustee and their Attorneys
You may also send by Certified Mail to be safe. This will get everyones attention. There is no
guarantee that the sale will be postponed or put off, although, they will get the message loud and
clear, that you are looking into possible Notary violations in regards to the pending foreclosure.
The last thing a Servicer/Mortgage Company/Trustee would want to do, is Foreclose on a
property that may possibly have a false document recorded that was used in the process of the
foreclose.
9. Stay in touch with the Secretary of State, your Servicer, the Trustee
This will have the effect of letting them know that you are on top of the situation, and are ready to
move forward based on the results you get back from the Secretary of State. This also gives you
the constant update on whether they are going to try to sell your house before you have the results
back.
10. Check the time line of the documents recorded against the house
Have the Substitution of Trustee and Notice of Default been recorded in the proper order?
22
When you receive the letter back from the Notarys Secretary of State, or Governing body of the Notarys
State, and the Notary has had their Commission Revoked, you now have the ammunition you need to
throw a wrench into the foreclosure of your home.
You should have already mailed, faxed or emailed your Servicer (company you make your payments to),
the Trustee and/or their Attorneys a copy of the Notary Complaint that was sent in months earlier. Now,
mail, fax or email them a copy of the letter that you received back from the Governing body of the
Notarys State, informing you that the Notary has had their Commission Revoked, and that the document
they are attempting to use to Foreclose on you, and any other recorded documents after the one that has
been revoked, are null and void. The best thing to do at this point would be to contact a competent lawyer
that understands the power of the letter you have received, to stop your Foreclosure.
b)
In the event your house has already been foreclosed on, there is still hope. What you now hold in your
hands is the magic key that will create a very wonderful shock wave going through the Attorneys office,
Servicers office and the Trustees office once you have turned this letter over to a competent Attorney
who understands what you have just received. This letter breaks the Chain of Title, Before the
Foreclosure was completed.
This means that there may be a good chance, that there was an Unlawful Foreclosure preformed on
your home. To determine what your legal course of action should be next, you will need to find a
competent Attorney that understands how to negotiate with the Servicer, Trustee and their Attorneys.
Do not take either of these positions lightly. Once the letter comes back from the Secretary of State, or
Governing Body of the Notarys State saying that the Notarys Commission has been Revoked, you are
now in a VERY strong bargaining position. You have now put yourself in the drivers seat. This will
now be the time to step back, and evaluate exactly what you want to do. This would now be the time to
seek competent legal counsel.
In the event it is obvious that none of the signatures match.. .and you suspect that it was not the Notary
that signed the document, You cannot go into Court claiming that it is a false or forged document, you
must have the opinion of an Expert Handwriting Analysis completed.
You are in a fight to save not just your house, also your rights to own property in the United States.
The question becomes, are you going to roll over and let the Bank, Servicer, Trustee and/or Court Steal
your home? The one you worked hard for, the one that you have raised a family it Or are you going to
stand up, be a Man or Woman and FIGHT back?
23
XX.
CONTACT ASSISTANCE
www.NOTARYCOMPLAINT.com
24
APPENDIX 1
EXAMPLE OF A PUBLIC INFORMATINION REQUEST, AND THE SUBSTITUTION OF TRUSTEE OF
LETTERS
1. On the face of this document, the only visible discrepancy is that the date the signer, Mary Jane
Sarne, Vice President of Mortgage Electronic Registration Systems, Inc. signed this document, January
5, 2009, is different than the date the Notary, Bonnie J. Dawson, Notarized the document, January 12,
2009. While this is a violation of the Notary Laws stating that the person signing the document, must
be in front of the Notary at the time of signing, it is usually not enough to get the document thrown out.
2. Letter to the Notary requesting information. You will note that it is a simple letter requesting
information regarding a specific document that was enclosed with the letter for reference. Also, note
that the California code was used when requesting the information, so there is no question on the
Notarys part that it is an official request for information.
3. Information returned by the Notary. The first tip there may be something wrong was that the
information was returned from Quality Loan Service, not Bonnie J. Dawson. Upon reading the cover
letter, you will see that it says in # 1, Her work product of January 12, 2009 this was not what was
requested, it was a line item from her Notary Journal that was requested. The next item of note is
that the next sentence says: You will find the itemized entry highlighted for ease of review on line 67,
page 2. A Notary Journal only has 8-10 lines on it, not 46. Looking at the 3 work product sheets
that were returned, you will see glaring deficancies with respect to qualifying as a Notary Journal.
A.
B.
C.
D.
4. In reviewing the Notary Journal page that was actually sent, it refers to a document that was not a
Substitution of Trustee, but a set of Loan Docs. It was also from February 14, 2008, not January
12, 2009.
5. Notary Complaint Letter. For California, the Notary Complaint form can be found on the California
Secretary of States web site at: http://www.sos.ca.gov/business/notary/forms/complaint-form.pdf
The letter written to the California Secretary of State is simple and precise. It states the parties
involved and the possible violations that were uncovered.
Obtaining the Bond. Upon obtaining the Bond for the particular Notary, there became apparent a very
big discrepancy with respect to the signature on the Substitution of Trustee, and the signature on the
Bond. The Substitution of Trustee signature is a series of circles, whereas, the signature on the Bond, is
clearly legible as Bonnie J. Dawson. Upon discovering this, it was then the objective to locate other
signatures of this Notary for comparison.
Other signatures for comparison. By obtaining a previously signed Bond of the Notary for another
Bonding company, and other documents, it because apparent as to what this Notarys signature
was supposed to look like, and it was not a series of circles. This prompted another letter to the
California Secretary of State informing them of the differences of the signatures that had been
uncovered. Along with the possible Notary violations associated with this discovery.
25
Jun
23 2011 9:15PM
19093935995
STATE OF CALIFORNIA
Secretary of State
Notery Public Section
PO Box 942877
Secramento, California 94277.0001
p. 1
(916) 6533595
Your Name:
Residence Address:
Business Address:
Business Telephone:
Name of Notary:
Business Address:
(~O~_ _ _ _ _ _
~t,~
~ ,~ z.>~D~
I
~:;
NATURE OF COMPLAINT (Please print or attach printed or typed statementuse reverse side If needed)
OTHER QUEST
fiNS (PleallB Respond)
1.
2.
3.
4.
6.
IMPORTANT:
1.
2.
3.
om"",.
Pl ..... attach CERTIFIEpcoplos 01 all que.tloned documenls 10 Ihla complaint (th." may ba obtaln.d Irom the County Recordef.
Pie attach QItIIiB ",co"'" whit" pertllin to your complaint ,o..mplea-depoIRlon&, certified COplea af documonts. court recorda).
Plea r.tum thl' complaint lonn, the c.rtlfled copl ... of questioned docum""to and the otho, doc. menta to the .dd..... shown at the top 01 the
page.
my
Date
4:-
2.tf) . II
19093935995
Home Ph:
Office Ph:
The flaws with the returned information are: That when BOlUlie 1. Dawson returned her information regarding this
document, she is trying to influence me to believe tbat the information provided in the "Work Product" sheet is
legally correct, and can be used as a Notary Journal
I. The pages of the Notary Journal that were returned with respect to "Mary Jane Same", are from a
document(Loan Docs) signed on April 14,2008, and "Do Not" apply to the Substitution ofTnlstee that is in
question, which was signed on January 12,2009.
2. The "Work Poduct" form that is being referred to in the returned letter is not legally sufficient to be used
as a Notary Journal according to California Notary Law.
3. The "Work Product" form has no place for an address
4. The "Work Product" form has no place for a thumb print
5. The "Work Product" form has no place for "Mary Jane Same" to sign
6. The "Work Product" form has no place for the Identification of the Signer
In the event that Bonnie]. Dawson is going to attempt to pass this "Work Product" form off as a Notary Journal, it
is my contention that she has violated California Notary Law: 8206 (a)(1)(2)(A)(B)(CXD)(F)(G), along with
various other California Notary Codes involving the use of a Public Commissioned office in the attempted theft of
real property from a citizen of the State of California.
I am requesting that you look Into this matter regarding the possible fraudulent use of a Public office in an obvious
scheme to defraud me out of my real property. [am requesting that YOll please keep me inforrned as \0 the
progress of the investigation as per the California Victims Rights Bill.
111t;!iS~~a~J:so~1i~~~~~;~ that since BOMie J. Dawson was able to sign over 100 documents in 1 day, that Bonnie J.
an~~Q1Ue!I~On$,
p.2
Jun
19093935995
23 2011 9:15PM
April 7,2011
From:!::::;;..
Re: Inquiry into Notarization Act on "Substitution of Trustee" dated: January 12,2009.
Good Morning Ms. Dawson,
Attached you will find a "Substitution of Trustee" that you Notarized on January 12,2009
for Mary Jane Same, as a Vice President, for Mortgage Electronic Registration System, as
Nominee for First Magnus Financial Corporation, an Arizona Corporation.
According to the California Governrnent Code Section 8206, you are required to maintain
a Journal of all Notary acts perfonned. I am allowed to inquire into a specific public act, and
request a copy of a Notary Journal line item according to California Government Code
8206(a)(2)(G)(c). At this time I am requesting a copy of the !jne item for the document in
question, which is enclosed.
Please provide any and all documentation requested, along with an explanation of any
other documentation that you may provide.
Could you please expedite this information, in that it is needed before April 29, 2011.
In the event you have any
qu~tions,
Enclosures:
Substitution of Trustee
Self Addressed Return Envelope
Money Order for $ 1.00
p.3
Jun
p.4
19093935995
23 2011 9:15PM
Recorded In
omolat
R,e:ord., t
~_/
01 Snn 'emltrdlnD
211812009
LARRY WALKER
8:00 AM
BN
AudllarlControlier - flecorder
Recording requ te<I by:
II'1IIiIi'lr
PaDes:
19,.,
a,ee
e,ea
PAID
TS # CA-OI9-'9
__ CL
Order # . . . . t::>e--
Loan # 0
Substitution of Trustee
WHEREAS,
, A MARRIED MAN AS HIS SOLE AND
SEPARATE PROPERTY was the original Trustor, COMMERCE TITLE waS the original
Trustee, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC,. (nMERS"), AS
NOMINEE FOR FIRST MAGNUS FINANCIAL CORPORATfON, AN ARIZONA
CORPORATION was the original Beneficiary under that certain Deed of Trust dated 614/2007
and recorded on 6/1412007 as Instrument No, 2007
in book xxx, page xxx of Offl<:ial
Records of SAN BERNARDINO County, CA; and
WHEREAS, the undersigned is the present Beneficiary under said Deed of Trust, and
WHEREAS, the undersigned desires to substitute a new Trustee under said Deed of
Trust In place and stead of said original Trustee, or Successor Trustee. thereunder, in the
manner provided for in said Deed of Trust,
NOW, THEREFORE, the undersigned hereby substitutes QUALITY LOAN SERVICE
CORPORATION ,as Trustee under said Deed of Trust
Whenever the context hereof so requires, the masculine gender includes the feminine and/or
neuter, and the singular number includes the plural.
Page 1
_ __
0
19093935995
Substitution of Tl1Jslee CA
TS # CA09
CL
Page 2
Dated: 1/5/2009
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC
Siale of
California
County of
San Diego
) SS.
onl~I'"2. ~before
me, Bonnie J, Dawson a notary public, pen;onally appearad Mary Jane Same,
whg proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the with in instrument and acknowledged to me that heiShelthey executed the same In
hislher/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph Is true and correct.
(Seal)
p.5
Jun
p.G
19093935995
23 2011 9:15PM
substitution of Trustee .. CA
TS # CA09-230186-CL
Page 2
Dated: 1/512009
CO~d.i.
./,{
"
Blllllie
Daw~on
N tal'Y Publk
By:
E closures
State 01
County of
California
) so.
}
..!m..P.lIl.9!:>
\"2 ~before
anI...
me, Bonnie J. Oil_on II tary
whb proved to me on the basis of satisfaotory livid oe .Ie
subsorlbed to the within instrument and aCknowledg d to
his/her/their authorized capacity(ies), and that by his erl'"
penson(s), or the entity upon behalf of which the pe
n(i
- !'Inlli!. '"'\.
Prinei
.1
P
SURETY BcM'l5ING COMPANY OF AMERICA
By
~
~
4..
abet
r I!I
Attorney-in.Facl
. - -- - -.
.
..----.-.------.-
2009
Bonnie J. D
D~ +l.t~ 1
~.
s;: 'Sf/.c;.(./UtlH
o II "'I"'h- t- ~<j h T
I
~ f\ t.,) 11,.;'f\ 5
M~RCHANTS BONDING C
c,
~:
By
_, __"
-UTi:ilf'l),
L. /L
'0
(j
L;}LSI. ...fM. .
'.
AHorney-ln-Faci
We'll
UfH4lHur-
ewer.
I!lntl
/)
d(.,ul'h.e n
Jun
19093935995
23 2011 9:16PM
14-29555;6733
$ 1.00
PAY~A!>,!:I;\, ~.F.nOlILARANDNIl CEl'ITS
. .. . .. .
..
..
"
'~
,,'
::iiiliii=
-
..
p.7
p.8
19093935995
QM~biJJX.
April 12, 2011
==-.-CL
Re:
Borrower::~::::====::::::::====::::~"~"11
~
Property:
J am enclosing a copy of the documents you requested in the above referenced action. What follows
is inclusive of Bonnie Dawson's involvement as the notary of record.
1) He work rod
fJanuary 12, 2009, which documents the notarization of the
Substitution of Trustee for the above referenced file. You will find the itemized entry
highlighted for ease of review on line 67, page 2.
A copy of Ms. Dawson's Notary Log book which documents the physical notarization of
Mary Jane Sa n
ignatory of record on the subject Substitution of Trustee. Please note
that the Nota Book 's two pages wide across, thus copied on two separate sheets.
onsequently you will need to follow line 7 across both pages for the full entry.
Please feel free to contact me if I may be of further assistance.
S.incerely,
f'v\~
Marlene Holt
Paralegal
Q\U'.b.LU':.
Quality Loan Service Corp.
21415th Avenue, San Diego, CA 92101
Phone: (619) 6457711 Ext. 1852
Fax: (619) 5683518
23 2011 9:16PM
Jun
19093935995
'~"
C
RECISSION OF NOTICE OF DEFAULT
EA
EA
1 NV-OS-204220-JB
-.......... _-------,
2 AZ-OS-1S4777-RM
5 AZ-08-160700-Bl
6 AZ-08-210011-JB
9 NV-08-202250-JB
10 CA-08-166030-SH
11 CA-08-203844-CL
_......
.....
-~--
JB
SOT
--.~.->---.--.-----
12 CA-08-202S11-CL
13 CA-08-203393-CL
14 CA-08-181991-SH
15 CA-08-159950-JB
16 CA-08-188091-JB
17 WA-D9-230141-SH
22
23
24
25
26
WA-09-230157-SH
WA-09-230155-SH
WA-09-2301S3-SH
WA-09-23015Z-SH
WA-09-230150-SH
43
44
45
46
WA-09-23020Z-SH
._ ..... 1::.:::--1 :.=:..~...-.
WA-09-Z30Z06-SH
MJ
SOT
WA-09-230209-SH
MJ
SOT
.......... -.. ... .. " ..,... .. "'.,'"
WA-09-230212-SH
MJ
SOT
___ , __ .". _, .. , ,,_" .. _"' . ,_, .......
''''
"
_~_'''_.~
MJ
MJ
,MJ
MJ
,.
~_,
"""
APPOINTMENT
SUCCESSOR TR ...
...._"._'.,,,'.. , -OF
- - - - ------APPOINTMENT OF SUCCESSOR TR
APPOINTMENT OF SUCCESSOR TR
APPOINTMENT OF SUCCESSOR TR
---- -----------,--"-,
.'""r~_
------~,---".-
~""
Page 1 of 3
"'.-
p.9
19093935995
A
47 Y"~__09-230213-SH
48 WA-09-230214-SH
j I\IIJ
SOT
SOT
I MJ
:~ ~::6~~~;~;~i~~--J~~ ._~~~
51
52
53
54
5S
56
57
58
59
60
61
".~
, '.'.'
..
---:=
___1/1y222~
~
,_,~~,
CA-09-231210CL
NV-09-229610-CL
CA..Q!il
.CL
CA-09-230184-CL
CA-0923()179-_C:~
CA-09-23017S-CL
1/12/2009
1/12/2009
1/12/2009
1/12/2009
1(12/2009
1/12/2009
1/12/2009
...
'"'
----
- - --- - -
- ----
~ r
_I
I
1
:: ~~~~:~~E~~~;~t~- ~;~!~65
66
67
68
69
70
.- .-..
___ _
_ r _ _ _ _ _ ...
".
o
1/12/2009
1/12/2009
1/12/2009
1/12/2009
!/12(2009
1/12/2009
1/12/2009
--__- _-_:-_~_--:~ ._
-_ -_~ti. ~~~1{~~~~:
<.
MJ - SOT -_
i/12{2009
MJ - - S O T 1 / 1 2 1 2 ( ) 0 9
MJ
ScOT
-1/12/2009
MJ
SOT
_.____.
1L12/~909_
MJ
SOT
1/12/2009
MJ
SOT
__1/12/2009
_ _ ___ __ jW~;~~6:
;~ ~;_~_~_~~~~~~~~~~t
~~
~~~
73 CA-09-230137-CL
MJ
S O T 1 { 1 2 /2009
74CA:09-230116:~~ . _ MJ
75 CA-09-230115-PJ
MJ
SOT________
SOT
_____
1/.1:2/200 9
1/12/2009
~~ ~:~r~~~~~::~~ 1-~1-11<~~;--
81 CA:O!l:i2994i:CL
MJ
82 CA'09-229635-CLMJ
SOT
83 CA-,29:2~~~2.~:.c:.~_
84 CA-09-229623-CL
8S CA09-229613-CL
. .. _-" ......
SCl.T__ __ ________
SOT
I
-1
CA:09~2.2.960_8:c:L
"
86
""
87 CA09-229603-CL
MJ
MJ
MJ
SOT-~_:-=____-----
-----------~---
---
~r ~~~~~~~~:
1/12/2009
-1- i I12/2009
--
.-..
1/12/2009
1/12/2009
-. ....
-
t
~m~~~~:
1~1----:~~;-f--- _.
SOT_~ ___~ . --
MJ
ISOT
1/12/2009
Page:2 of 3
p. 10
Jun
19093935995
23 2011 9:17PM
A
B
C
93 CA-09-229580-CL
MJ
SOT
...._------ ..,.
94 CA-0~.:22949S-CL
MJ?O!
95 CA-09-229456-CL
MJ
SOT
,,, ........ _. __ ..... _,.
96 CA-08-229073-CL
MJ
SOT.. ...
-,.---"'.'------, . ,,',."."---_.
97 CA-08-139464-JB -1 TC
TaUS
98 CA-08-136519-SH
TC
TDU5
99 CA-07-80830-NF
EA
Taus
100 WA-08-12412S-CM
HG
APPOINTMENT OF SUCCESSOR TR
IHG
NOTICE OF TRUSTEE SALE
l01WA-08-22i948-SH
102 WA-08-2217S8-SH '1.1-1<3
NOTICE OF TRUSTEE SALE
.
D
1/12(2Q09
1/12/2009
1/12/2009
,-~~---.-.,..
"
.~
_ _...
~ o~
",
"
1/12/2009
..
-"~-
::".
- - . - _ . _ - - - - .
-- - - -".--
1/12/2009
1/.12/2009
1/12/2009
1/12/2009
11/12/2009
1i 1/12/2009
......_... .1.1.12./.20. .0. 9
--'.-
- . ,
<-
------
"""',
..
...
lOS WA-08-221_230~SH_
109 WA-oS-221286-SH
110 WA-08-2217Sa.SH
III WA-08-221456-SH
112 ~A,:()~:21~~~I3::SH
,1/12/2009
HG
NOTICE OF_T.~tJS_TEESALE .... _ _
..... 1{12{2009
HG
NOTICE OF TRUSTEE ~~~~"_
1/12/2009
HG
,f'J0TIC.E:()~ TRUSTEE SA~E:1/;2/2009
HG
NOTICE OF TRUSTEE SALE
1/12/2009
HG_f'J.9!1E()F TRUSTEE SA-LE--''-..
\ ... :i/i2f200~
N\I-0_8~1~9688-!D
. --I . i~U~ibb:
f'J()!.I~E_O_FTRtJSTEE_SA_LE_...I,.
1/1212009
TDUS1/!Y2.Q09
___ .
........
Cancellation of trustee sale
I
1/12/2009
RECISSION-OFNOTicE OF-DEFAULT'l'i/i2/2009
,,1
f(::~T[)US_'
Page::l of 3
1!12/2()()~
p. 11
Jun
23 2011 9:18PM
19093935995
p. 12
'-'
C
:J
I\l
W
I\l
(D
I\l
-u
::l:
(D
61
(D
(D
w
U1
(D
(D
U1
<l
Jun
19093935995
23 2011 9:24PM
p. 14
I STATE~ CALIFORNIA
May 5,2011
Reference 2011001236
The Secretary of State's office, Notary Public Section, investigates violations of law surrounding the duties of a
Notary Public and, if warranted, seeks appropriate disciplinary action. This office cannot represent you in
either a civil or a criminal matter. Additionally, the administrative law proceedings initiated by this office
will have no direct effect upon your rights under civil or criminal law.
If you wish to obtain information regarding filing a claim with the courts against a notary public surety
bond, please contact the County Clerk's office identified in the notary seal to obtain the name of the
bonding company.
If you believe that fraud or other criminal acts have been committed, such matters should be referred to the
local authorities or the District Attorney's office in the county where the fraudulent acts allegedly occurred.
You will receive further correspondence pending review of your complaint or if we need further
information.
_ _- ..___ ._No.taty..Bl:lb[lc8ectton
Investigative Services
19093935995
Ph:
"i...cell
90)~~==~
I Fax:: 909;1
11
8214.2 A notary public who knOWingly and willfully with inle,,1 to defraud performs any notarial OCf In relation to a
deed offrust on real property con$isling of a single-family residence containing not more than four dwelling unifs,
with knowledge thai the deed of trust contains any false statements or islorged in whole Or in parI, is guilty 01 a
lelollY. '_'..--....."
p. 15
Jun
23 2011 9:24PM
19093935995
Enclosures:
"... '
Substitution of Trustee - Dated January 12,2009 -3 pages
Letter to Mr. Deon Lamar Thomas - Dated - February 3, 2011 - 1 page
Merchants Bonding Company Notary Bond - Dated - January 7, 20 I0 - 2 pages
.~~,.-,,!
p. 16
p. 17
19093935995
Jun 23 2011 9:24PM
. . ..~~~IY
Q
.ectm>:
'.
' . 1 . ; . ,
' r.
WWwilbJ
February 3, 2011
SENT VIA US MAIL
Mr.
Re:
8(1I.r0Wel"!!~:~~iii~::::::::::
Property: .
'RM
r6 ....
Please .find enclosed.a copy dieectly outofn'1yN\l~yJovmal.datedril 3rd 2008/ where Line
4 evidences Ms. Eva Alvarez's name, signature andtbU/llppl'int. As \l WI t o t e. book is
quite wide I had to copy one page' on lop;pftheotbet.,TltetefQnethllleft hand side of the book is
cop.ied ttl the top of the page while the l'igllt hi\.ildilwei!!oopied to to." H<lttom; please trace linc 4
from top to bottom.
. .
.y,t..~ 1 WI)/' "-!o(lo,]L -
B nnie Dawson
N tary Public
E closures
DOC~/
...
,(\
l?-'
~ t:\
~.
p _ 18
19093935995
2009-0718137
11111111111111111111111111111111111111111111111111111111111/1//1111111
DEC 29, 2009
( RECORDING REQUESTED BY
COUNTY CLERK WHEN
~\ RECORDED MAIL TO:
12:29 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L, BUTLER. COUNTY RECORDER
~~r\\~~
FEES:
11250
12,00
PAGES:
MERCHAN~
BONDING COMPANY
2100 FLEUR DRive - DES MOINES, IOWA 50321-1158
(515) 243-8171 (515) 243-3854 FAX
Thill we
Bonni.lean Dawson
,as Prfnclpal, and MERCHANTS BONDING
COMPANY (MUTUAL). a corporation duly licensed to do blJslnes$ In the State of California, as Surety. are held and
firmly boond unlo the State of California, In the sum of Fifteen Thousand ($16,000) Dollars, lawful money of the United
States of America. \0 be paid to the said State of Callfomla. or Its aSSigns, for which payment, well and truly to be made.
we bind OUl'$elveS and our legal representatives, joindy and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBI.IGATION IS SUCH, That whereas, the Principal was on the -2!!!...... day of
JanuorY
20_1_0_ , duly appointed a Notary Public in the State of California fDr the term of fou r
years from the date afhlslher commission,
NOW THEREFORE, If the Principal shall well, truly and faithfully perform all Official dutl
and all such additional duties as may hereafter be imposed on him/her as such offie:
Califomla. then Ihe above obligation 10 be void, oth ..rwla8 to remain in full force and effe
Any prooeedlng under \hls bond may be Inalltuted In any court of m~etent JU rledlct!
......
* ~tJ\ .. . .+AI.
",Of!. ~"PO<9.i"~'.
'''l~ ~o.. ~'.;"'.
:;:0:
~ .. \ 1933
i':
.~...
",;::t.
~.
.,~,,~.
" ....
:'>;':"""'"\"i
'r
\."
'
......-
Attorney-ln-Fael
CERTIFICATE OF ACKNOWLEDGMENT
before me,
Adam Krisl
, Nowry Public personally appeared
TIl..... Mich,lI. Krisl
whO proved to me on the basis of 3atisfactory evidence to be the person whose name Is subsctlbed to the within
inSlf\Jmenl and acknowledged to me that be/shit e~eeuted the same In .IIiWler aulhorized capacity, and Ihat by ~er
signature on the instrument the p ....son, or tne enlily upon beha~ o'whlch the person aeted, executed the Instrument
I certify under PENAL TV OF PERJURY under the laws of the Sta~ of CaUfornla that the foregoing paragraph is true and
On
IVI4I2009
correct.
WITNESS my hand and official seal.
Adom Krist
00 nol 5tamp 'oal below Ihi' lil1e,
Notary Public
'
p. 19
19093935995
*'
..
MERCHANTS
BONQJNG COMPANY
POWER OF ATTORNEY
Bond #:
CA 739773
~now AI Person' B~ The Pre.. nlt, thai the MERCHANTS BONDING COMPANY (MUTUAL), corporaVon dUly orga.I~$d undor
!he 1_ .,tho Slat. of lowe, and h""lng Ita p~ncip.il offlce In the City ., o.s MoI""s, County .f POlk. Stat. 01 Iowa, halh modo.
canslltuted and appOinted, and does bV these presentll make, constitute and appoint
11251
01
Ci\.
and Sta... 01
and authority tJereby conferred In Its name, plawa!1d I3tead. to .'9n, e.xecute. aClnawledge and deliver In Us behalf 88 lurety any
and all bonda, unclenakJngs, reoogflilances or other written cbllOdtlona In the nature l"er~o1, .ubJect to the IImnetion thaI 8n~ such
Instrument al'1811 not e:.t~d the amount 01:
ttlereof.
ARTICLE II, SECTION 9 Tna IIgn.lUte 01 any authori...d olllotr'nd 11\0 Sell of the Company may be am.elf by facslmtle
10 any Powor of Attomey <It Cer1lftcoUon thereof autllorlZlnm the .xecuNon and delivery of any bond, undertal<lng,
tecoonlzanc:e, or other IUf8tyshlp obllgallona of the COMpany. and such signature ar'lcJ seal when $0 I,Jsed sh,U havQ the
seme force and effect as though manualty tI~,
In Wltnoo.. Wh."of, MeRCHANTS BONDING COMPANY (MUTUAL) he.......d ,...... p"'8enll to be signed by lis Pr klenlond
lis corporet....1to belrereto affixed. 'hie
1st
dey of
April
200~
ST~Te OF IOWA
COUNTY OF POLK
On "'10
I $I
day of
April
,2009, berona rna appeared larry Tavlor. to
me person.~ MOWII, Who batng by me dUl~ lwom did aay thai he I, Pte$ldonl altho MERCHANTS BONDING COMPAtlV (MVTVAL).
111. corporaOon d.... b.d In theloregolng IMSlnlme"" and tllaltho Seat affixed to tho said In01t\Jment i$ the Corporote Slal 11\. said
Corporation and that the .ald 1nl11\lmenl WI. tioned and seared In bahalf of uk! Corpr>r.tIon by lIuthority of Ua 80ard cr DlrectOtS,
In Testimony lM'Iaraof. J have hereunto set my hand and aftl:<ed my Offld$1 Seat at the City of Oel Motl'les, 1()W'8, th'" day and year first
I Dove written.
STATE OF IOWA
COUNTY OF POLK IS.
of"'.
.tru.
IIID In lua foret ana affee1and hal .01 been IMOlIded Otrevckad,
tn _.ss 1'.11.""".1 hoY< .ei\llJnt. sOl my hond .nd .m... the ...1of 111, CIlf11'llAY on
thIs
14th
da~o'
December
C"
~+,?". pii'~'!''''''
''''';.'c;)''
",..,'.~"
:co/(,j
:..A'~;.t.:
.,...~ -0... ~._t
.... "
:
~iC.".
.~"'.
"'o:'I~'.
..~
""......
... .....<U,.. \....."'
.........
....
..
:
If:l:::
1.33
,'_L'~
'
~'4;;."''":'' tJ!f:t--..fi.
_It)'
Jun
23 2011
9:26PM
19093935995
Fax: 909-d L
Date: June 6, 20 II
To: Secretary of State
Notary Public Section/Investigations Division
1500 11 ~ Street, 2nd Floor
Sacramento, CA 95814
Re: Notary Public Bonnie J. Dawson
Reference #:
Dear Investigative Services;
Upon further investigation, there has been more evidence of possible infractions by Bonnie 1. Dawson. Enclosed
you will find the "Substitution of Trustee" that Bonnie J. Dawson notarized on January 12,2009. You will note
that her "signature" on this document is nothing more than a series of circles.
You will also find enclosed Bonnie J. Dawson's Bond from: Surety Bonding Company of America that was
obtained tram Mr.
You will note that on both the I "page of the California Notary Public Bond,
and tlte Notary Public Oath and Certificate of Filing (page 2), Bonnie J. Dawson's signature is clearly legible,
although, on the Substitution of Trus!ee, the signature is far from legible.
This would lead me to believe that it was "not" Bonnie J. Dawson thai signed the Substitution of Trustee on
.January 12,2009.
This would also lead me to believe that someone "other" than Bonnie J. Dawson had used her Notary Stamp.
This would constitute a violation of California Notary Public Law - 8207, "The seal shall be kept in a locked
and secured area, under the dlrecl and exclusive control afthe notary. Failure /0 secure the seal shall be cause
for the Secretary ofStare to take administrative action against the commission held by the notary public
pursuant to Section 82 J4. J. "
Again, upon further review, [ would like to review the other possible violations of California Notary Law - (this
is by no means the complete list of possible violations.)
82[4.1 (k) Failure to adminisler the oath or affirmation as required by paragraph (3) ofsubdivision (a) of Section 8205
(0) Failure to secure the sequemial Journal Cif official acts, pursuant 10 Seclion 8206,
pursuant 10 Section 8207.
8214.2 "A notary public who knowingly and willfully with Inlent to defraud performs allY /lotarial acl in ,elalion 10 a
deed qftrusl on real property consisting of a slngle-[amlly residence containing not more than/our dwelling
units. willi knowledge that the deed of trust contains any false slalements or is/orged l/l whole or in part. is
gUilty
.
Ene losures:
Substitution of Trustee Dated - January 12,2009 -3pages
Surety Bonding Company of America - Dated - December 13, 2005 I page
Notary Public Oath and Certifioate of Filing - Dated - December 13,2005 - 1 page
p.20
Jun
p.21
19093935995
23 2011 9:26PM
DOC #
2006-1103615
10:00 AM
OFFICIAL RECORDS
FEES;
~AGES:
IIRtJlj'YIUnlllnmnmamllllDlllllrUWUllllmtllllftlllHI
5IDI
7,00
......
..
20OS,
"
THE CONDITION OF THE ABOVE OaLIGATION IS SUCH, Thilt wh~te.... , ~he above bciu~den Principal
ivason the'"
7th
day of
JanWl;(l'
,2Q06
,duly appointed. Notary
Public in tb. State of California for the'term a!,four )'ears. from tlm date of hi. commission:
NOW THEREFORE, if the said Prl;'cipal shell well, trll'lyand r8ithflllly perform all officiBl dutiea required
of him by law. and all BUch additional dutlea as may hereafter be impo$ed on him
ah affi"r by any law of
the Stat~\~\j;llllil.ornia, then the above obll41ation to be void. otherwi,
",.\. OINa""
i''''O~''''''''''''<~
1~~~~~Oq~~\~\
, B~i,(J
\~\
-,+,~~~~~~~~~~~~~
(fJ;x:IIIQutodundarp.at'(~'~urPilrjury
fl>J
.s E "'Vl~!
'*providodIn ec.p.PIU30)
'~ij\ "'"
.. ,1",.'1/-';
~....O","".'''''.".'I.v"",
~It~~i",""
...
STATE OF 1\r..lFORNIA
County of Los M<;!el,a
On
12/13(2005
O'l
_.
Notary
known to me (Qll ,.a.ot1 to fIJi' eli bhe-basls ofsatlsfmitotJl hidcu...) to be the parson whose nama is
BlJbacribed to tho within illotl'Urnent and acknowledged
m" th"t lwo'otw .I<ecutad the, ... rne in l!ii.l.her
authori.ed oapll'lity. anil that by'lMl!/har signature on the instrument the person, or the entity upon bohalf of
which the pereon aoted, execilted Ihe instrt1ment.
WITNESS my hand and official: SliP:!,
Signature
to
~,,~~
LeQ V.
va
p.22
19093935995
$,AN /;)11(50
COODlyof
Office.
OR
fried (1/ In)' Office, Ihis
rI'f>'
T. _
B<nnl.J.Ilo..,on
. do solemnly swear and (or affirm) fhllt ! will S/Ipport and.
difend lile COlwi.tutiOrl oj tire Un/led Stales CHJ(j rhe CCJ1l$tllutioll Of rhe. Stall! oj Calijorn ia against all
e!!t~mles, foreign alld domestic; thar I wllllJear true fafth flJId allegiance to Ille CorlS/lrlll/on of the United
Slates and tile O:m.stlrUJion of the Slcue oj California: IMI I take this obllgation/reely, wllhoUi (In)' menta'l
reservation or pllrpose oj evasion: and that I will well an4falthjUUy discharge IIIe all/les upon Ivhidll am
ahoul to ellter.
.----,
aounit J.
C~mmi$slon
Sta~.
of
Cou~~
No. 1628086
Da~
_ _ _ __
Self
3,07 Hilltop
D~
Lamorl Grc,TJe
91945
No 1
For ttnn conunenclng 01/07/2006 and e09iog 01/0612010 ill lh~ Ct.'UQCY (jf SAN DIEGO.
fOR PERSONS mlNG BY MAIL
C~llfornla
of
day of
,20 _ , by _ _ _ _ _ _ __
p'''J(mr'lN'r I.::tloh'n
(SiglWl<rl
(0 ~
NOn:: F()R i1'IFOIlM~TJQN ON "1'fP' .AMOUNT OF mE FEES FOR FlUNG AND RF...cORDlNG T'!Iii: OFJo'fClAL
BONI> ANI> OAn!. CONfACTYOt!l! COli'NTI' CLEIU<.lRECORDER.
l..gt>/{ trtl/lifyr can WIly b. m!rlflf!er th, 1pU/gl o(JJh !pItf 'mId 4ql:!f bee" Nfl!
or -A
m629
APPENDIX 2
EXAMPLE OF TRUSTEEs DEED UPON SALE (Note Signature of Notary)
1. By looking at the face of the document, you will note, that there are no obvious issues that
this document has. Although, when the Notary signature is looked at closely, compared to
other examples of Bonnie J. Dawsons signature, there are some discrepancies that become
obvious. The signature on this Trustees Deed Upon Sale, is not as crisp as the other signatures
on other documents. Remember, always challenge the documents.
2. Just because the document looks fine on its face, does not mean that it is. Look at the
signature that Bonnie Dawson sent back with the letter she returned to this person. The letter
signature, is a lot crisper and cleaner. The signature on the Trustees Deed is very round, they
do not look the same. The Notarys signatures are supposed to be the same on every document.
3. Once you have figured out that there is an issue with the signatures, you can move onto the
Excel Workbook that was sent, instead of the Notary Journal entry for this document. The
very first thing you notice is, this does not conform to California Notary Laws, as to what a
Notary Journal is supposed to contain with respect to signers identification, a place for signers
thumb print and a place for the signer to sign the Notary Journal.
4. Look at the actual pages of the Notary Journal that was sent. This actually qualifies as a
Notary Journal. By Comparing the Excel Workbook with the Notary Journal, you can
figure out what the differences are. Now, you just need to find the corresponding Notary Law
for the Notarys state, that lets you report the differences as: Notary Code Violations.
48
19093935995
Jun
25 2011
12:27AM
www:Qualityloan.com
February 3, 2011
:'ts,, ..
Re:
,-RJVf
Borrowen~:~lj~l~ii!iiii:::::::::::::::::::~
...
:::~e!;~'i~~;;#8 Is'r
p [ t .1 1"nr~F
....
.!
.1
I,
'
,
!I
I am writing in response to your lett<lr dated Janual'y 13, 201 Iteque$ting the line item entry in
my Notary Public Journal evidenc.ing the signature of Eva Alv\U"ez. tMore specifically the one
pertaining to the 'trustee's Deed Upon Sale for the above refe*nr;e~ file. Said document was
recorded as #2008
mon Dccettlber 16, 2008.
l) It '.
D
ff rt:
vJ r
to
F;..
L J1J.,'>
Be nnie Dawson
N tary Public
E closures
p. 1
p.2
19093935995
Jun
25 2011
12:27AM
~oc # 2008-
I of 3
P"~.
Page 2
CDvnty
~"eS&.,
Q'
Rjversj~
Larry U. Uard
CI.~k
I. R.oord
I~:!III~ 111111
,I~
..
TS # CA.()a. -AM
Order
#.
-4-
PAG~ S.!.?E
II
465j
426
I~:
dh
!,
S~fe
Trans/", lax:
NCHQ'
cry
UNI
,
$O.~
I.
$12I1'DlI'.~
$2:34,523,
~
County of RIVERSIDE
i~Plled,iall
'r
.
CQ_I1'JI!IY'I1'!!!.~
. .'''~'
. :.'e.ml'Iij~!J~e.'lln.!!OII'milP~I~id~l)ce
.....w~.lt~I:1~J.~II.
t(j.rm.s.a.nld.Plro'Vlis.io.n8..o,.till~e...~eed
. f.T.NIB.I.executed b y "
.
. WITH RIGHT OF
T."h
.IS,,
:.'
9.'
2 .' :11
U.
. l!'lViid
(/L'1
Loan#oo~
I)
copy
~ !
I,
01'1
19093935995
Jun
25 2011
TI'U$I!t~,'tI
PSge2
12:27AM
len d8yll1li\er lIs recordillgillnd a Notice oN!llIle arJ~ast lWeI1'\\' r.fIlYS D'~.jt'lO rne
pre-paid10 eaCh person entitled klnctlcs in 1lOmJ!jllllnde With Ganl\!milt'C/I()1 '
Date: 12111/2008
By.
State ofCalifQrnla
County of SBni)i~!l)
. THAY1'!URIi'OSEi.
p.3
19093935995
Jun 25 2011
p.4
12:27AM
L'Ol'di
.]
N tar Publlc
Trilslee'sDeed UponSaole
Pagel
E lc1o~ures
---+1-"'"
y ana u:u~u., u",)' Vt::ll ~v,
en andlileiar be IM~&ed on him
,the.wI
In
Date: 1211112008
By:
State of Catifam la }
County of San Diejl!')
OIarY ",WI
ex~ute
the lnstrul
ry evltfel1 , be tlte,p
geato m that hEil$1
~'.I"'slherltl'ielr nature{ll
ad,
, 10"' No.
'I
1628086
{}In ~
Tho. ~ 1'cjf\c<-~t~J
'0 A J111! (; 3 h r /"cH;,/<. i.1l f
"1h .e. Q n Q. e> 11 ~ Q. l" It ~,
of
1) tl
~.
th
iA.-
~Jt
.
1\
If
.....
19093935995
Jun
25 2011
12:28AM
.')--';'.'
p.5
'-'
C
:J
CA-08-186135-EO
CA-08-1825S9-W
fR
ER
ER
CA-OS-17567!HD
CA-08-1763.49-Bl
CA-0ll-132177-NF
ER
CA.{l8-146287-NF
12/11/2008
12/11/200S
12/11/200S
12/11/2008
12/11/2008
12/11/200S
12/11/2008
TDUS
mus
TDUS
TDUS
TDUS
TDUS
Bonnie 1. Dawson
Bonnie J. Dawson
Bonnie J. Dawson
Bonnie 1. Dawson
Bonnie J. Dawson
BonnieJ. Dawson
Bonnie 1. Dawson
CA
CA
I\l
CA
I\l
0
CA
CA
CA
CA-OlH84641 cEO
ER
R
CA_08-1.5!l666-J8
TC
WA-08~172719-CM
MS
ID-08-221796-TO
TO
APPOINTMENT Of SUCCESSOR TR
CA-07-103234-CH
CM
cA
Al-08-189941-CH
CM
TDUS
CA
WA.{l8c209~8-SH
HG
CA
WA-08c~488-SH
HG
CA
CA
CA
Bl
ER
rous
WA-07-1l81j39-CM
so
Jl)US
Al-0S-l90991-JB
NV-08-138L4}-Dl
AZ..Q8c204286cTC
Bl
TOU5
TC
JM
TOllS
12/11/2008 Banrtiel.Dawson
eA
CA
CA.
CA
AZ-08-2HSl8-Bl
JM
AZ-08-1ti4527-SH
_.lM
l\Z-07-119116-SH
JM
. CanCllation.of.truSt~
Cancellation of trustee sale
fDUS
CA-08-173739-RM
BM
TaUS
CA-08-186815-RM
BM
rous
'. ---
~.-
TOUS
TOUS
CA-08-161524-SH
BM
MS
AZ-08-194B9-TC
fA
TDUS
AZ-08-187759-'CH
NV-08-180211-TD
CA-oS-164935-SH
EA
TDUS
EA
TOUS
Cl
rous
CA08-190341-RM
w
0
AZ-08-1&I>OO3-JB
CA-08-112909-ED
BM
I \l
3:
CA-08-186820-RM
:n
'(_1'[ _.':~;'
CA.(l8-1-71-54i!-RM- .. .8M--
U1
. --~2/11i2w8 BOnnieTDawsOn
12/11/2008 Bonnie 1. Dawson
CA
,,_tl!rt,nooIt"Bl1lrilileJ:-oaWSljfl- -U!; ...-~ ._--_._- .
12/11/2008
12/11/2008
12/11/2008
12/11/2008
12/11/2008
12/11/2008
12/11/2008
12/11/2008
12/11/2008
( l)
(l)
BonnieJ. Dawson
CA
(l)
Bonnie J. Dawson
Bonnie J. Dawson
Bonnie J. Dawson
Bonnie J. Dawson
Bonnie J. Dawson
CA
U1
Bonnie 1. Dawson
Bonnie 1. Dawson
Bonnie J. Dawson
CA
w
(l)
(l)
U1
CA
CA
CA
CA
CA
CA
<I
en
APPENDIX 3
WHEN THE NOTARY DOES NOT ANSWER YOUR
PUBLIC INFORMATION REQUEST
1. What you will find in this section are letters that were sent to the Notary, and the Notary chose
not to answer the Public Information Request. In the event you are unable to find just how
much time you are supposed to give the Notary to answer your request, you can give them 30
calendar days from the date of receipt of your certified letter.
2. Once you have sent off your Notary Complaint to the Notarys Secretary of State, or
Governing body, be sure to follow up and verify that they received the Complaint. Once the
Secretary of State receives the Complaint, they are going to try to get in touch with the Notary..
2 or 3 times. Do not get impatient at this time. Fax the Notary Complaint over to the
Servicer/Bank/Trustee to notify them that there may be some irregularities with respect to the
Notarized documents that were used in the foreclosure of your home.
3. Now, this option is not the most ideal way to get the Notarys commission revoked. The
reason being that, it will not be the document that you are needing questioned that will
probably be revoked. The Secretary of State, or Governing body may just revoke the Notarys
commission, from that day forward. This only has the effect that the Notary is not supposed to
Notarize anything from that day forward.
4. The objective was to get the Notarys commission revoked, now that this has happened, you
should find a competent Attorney that may be able to get the Judge to buy into the fact that
the reason the Notary would not answer either you or the Secretary of State, is that they knew
there was an issue with this document. Use what you get back, with all the ability you can
find.
55
Jun
23 2011
p. 1
19093935995
1:43AM
STATE OF OREGON
Corporation Division - Notary
255 Capitol Street NE, Suite 151
Salem, OR 97310-1327
503-986-2593
FAX 503-986-2300
All complaints filed in the office of the Secretary of State relating to notaries public are public record. This office may
provide copies of your complaint and any other documentation provided us to the person against whom the complaint has
been made or to any other person requesting copies. If you have any questions or concerns about this process, please
contact our office.
Address:
PO Box or Street Addre
Phone:
Business Number & ExtensIon (Include area code)
Brano~,
- - - - - - - - - - - - - - - - - - - - -..- -.
-,---~----
3 Document(s) notarized: Docunnent(s) upon which complaint Is based must be attached. Original i~ preferable,
Qf Trust
..~___ _
,~Clrporate,b.~signm~llt of MortgagelDeed
5. Note: Complaints of alleged forgery should always be directed to local law enforcement agencies first.
I have 0 I have not filed this complaint w~h a law enforcement or consumer protection agency.
Agency Name
- - - - - - - - - - - - - - - - - - - - - - - _...._--_._---
5071R.v 10102)
Jun
23 2011
6. This Complaint
19093935995
1:43AM
does
involve
p.2
Name
PO Box or Str t Address, City, State, Zip
Type of action:
Case No.:
In Feb. 2009, Chad Traver Notarized an Assignment ofMortgagelDeed of Trust for Melissa Tomlin who
supposedly worked for Mortgage Electronic Registration System at the time. In February of 2011, I sent a letter
to.Chad Traver asking for~nformation regarding this transaction, The letter was returned, with no forwarding
address. In contacting the Secretary of State for Oregon, I was given the phone number: 503-686-7738, as a
contact number, When I called, Chad Traver picked up the phone. I identified myself, and b..egan to ask about the
Assignment he had signed back in 2009. He ~ecame n,:rvous, and evasive about answering. my simple questions.
He then placed me on hold, upon returning he said that his boss was trying to get a hold of the "Consumer Affairs
D-:pt:". He then told me that the_S,,(jusumer Affairs Dept. would b~. contacting me about this matter. [had called
Chad to reqnest the page from his Notary Journal that I am allowed to view based on ORS 192,420, since he is
required to maintain a Notary Journal, according to ORS 194.152, Chad told me that the address was correct,
although, he would not tell me what C?.".1pany or Department he worked at or ill, so that the letter could be
directed to him. Since my home is in forecIos':lr.~, this document is one ofthe t?undations to the foreclosure.
Could you please compel Oregon Notary Chad Traver to comply with the laws of the State of Oregon.
Please find
8. I certify under penalty of perjury that the foregoing Is true and correct. Signed this _ _ _-:::;2:;.5th;.;:-_ _ _ day of
March
State of _ _..:C;::a:;l;;it:;om:;;::.ia=-__
(City)
<'9
i't,hov
Ch.. 06~
will rd~","rtt
Mall to: Corporation Divis;on, Notary PubliC Section, Public Service Building, 255 Capitol SI. NE, Suite 151. Salem, OR 973101327
Jun
23 2011
1:43AM
19093935995
'-./'
p.3
]4
March 25, 20 II
g
Oregon Secretary Of State
Kate Brown
Notary Division
Notary Public Complaint Specialist
255 Capital SI. NE Suite 151
Salem, OR 97310-1327
Jun
--
23 2011
_.
~w.w
1:43AM
L.ua"n
p.4
19093935995
H~
LH~~RJET
FAX
p .. ge
'.
cotv
.,11.........,..
LARRY WALKER
Alldll4lrfControRer - Rnord..
\I
Portllllld. OR 97'207
L08ll:-..
Tftl ..: 1
F'
TII._
Ott.. r
Mfa
orate Assl
All bon,nQi~linlcros! under Ihlt certaIn MortgagoiDIIOCI of Trus! d.Uld03/Z4Il006 ano eltoClilcd by~ ""
I
1to.londe, boina WlLMlINOTON PINANCE,INC., in the original aml>unt ofS323,OOO.OO and the
Trustee beinll
-L
l1li--
Thgelher with the note Dr not therein dlJscribDd I'Ir roforrld tn, the rnoo.~ due and to bccomcdrac tt\el'Co!>n with
inltrell,lnd all rl,hlliccruod or to IICCnlC uncler!hlt M4Inll8"'Oeed .rT",~
~tIt
ddt: t{~(~
...e: Mellua Tomlin
TltIe: A"';IIIII>I Soc:ll>IIIry
211812009
':00 AM
fV
Pa.o.,
18.0'"
0,0e
III.!!!
i'.le
Jun
23 2011
1:44AM
p.5
19093935995
page 2
'"
STATEOF OR
COUNTY OF Wbldlton
On V91%009 before me. Chad D T\"aver, NOII'Y Public, Pol'$()nlll), appeoonod MoU... Tomlin, who I. the ""lIt.1lI
Secretary of "MIERS" II MQrtealt Electronic Rqlstration Syltem., I..., ..I Nomllee for
WJLMIINGTON FINANCE, INC, .. Penonally mawr. to me or provad to me 011 tho bads of slti.t'aCloryevidence
to be the PCl'$on(s} wh_lUIIlle{s) islant $ubaoribed l1Ii the within inslrull1ent QIId ukno-wl,dged 10 m& that ho/aIWlhll)l
e~e~uled
the ume in hlslher!their .uthori....... "",,1011)1(1.,), l1li4 that by h islher/their sls"aIllR(B) on the "utrum ..n! the
pmon(I), or the ,nthy upon behalf of'llbleh ilia persan(s) ae1eci, executed tho Insttument.
WITNESS my hand and official soal.
I certUY under PENALTY 011' Pl!:BJl1RY .n"or lJoe I' ... o'tho Slate or Cauto,.. '. Ib.t the '''reaolhS
p....' ...ph I, true d correct.
a7?~---
Jun 23 2011
p.6
19093935995
1:44AM
STATE OF OREGON
Corporation Division - Notary
255 Capitol Street NE, SUite 151
Salem, OR 973101327
503986-2593
FAX 503986-2300
FlllnglnOre on. com/nota
This
All complaints filed In the office of the Secretary of State relating to notaries public are publ ie record. This office may
provide copies of your complaint and any other documentation provided us to the person against whom the complaint has
been made orto any othar person requesting copies. If you have any questions or concems about this process, please
contact our office.
1. Complainant:
Address:
PO 80x or Street Ad~re.s
CII)', State, Zip
Phone:
Business Number &Extension (Include area code)
Po~land.
Oregon.
Unknown
3. Document(s) notarized: Document(s) upon which complaint Is based must be attached. Original Is preferable.
Substitution of Trustee
5. Nole: Complaints of alleged forgery should always be directed to local law enforcement agencies first.
I have
I have not filed this complaint with II law enforcement or consumer protection agency.
Ageocy Name
PO 80)( or Street Address
Jun
23 2011
6. This Complaint
does
p.?
19093935995
1:44AM
Name
Type of ectlon:
Case No.:
In attempting to conta~t Lynn Noranne Evans through USPS Mail at the address listed with the Oregon Notary
Department, Lynn Noranne Evans did not answer the enclosed letter regarding the public request for information
with respect to this document. With the exposure of "Robo-signers" within the Real Estate industry these days, it
has come to my attention that Lynn Noranne Evans may be a "Robo-signer" that is working in the real estate
industry. Wit~ the inability to read Adam Cook's signature, it leaves room for doubt that this document was
actually sign~d by the party claiming to be the "Assistant Vice-President" of US Bank National Association for
Specialty Undelv/riting & Residential Finance Trust Mortgage Loan Asset-Backed Certificates Series 2006-AB2.
There is also "No Power of Attorney" attached as Adam States he}s an "Attorney [nFact." There is also a
discrepancy as to when this document was actually signed. Adam Cook attest~ to signing this document on May
1,2009,(51112009) although Lynn Noranne Evarts attests to signing this document on May 11,2009, a full 10
days "After" Adam signed it. A~<:()rding to Oregon Notary Law~, ..the sign"r must be in front of the Notary to
verify who the signer is. "Before" Notarizing the document. The evidence clearly shows that Adam Co()k was not
in front of Lynn Norann" Evans when this d?curnent was signed. I am requesting that t~e State of Oregon look
into Notary actions as per ORS 192.440. I believe that Lynn Noranne Evans may be using her Public Notary
Commission to assist in the theft of my home through the filing offalse andlor forged documents into the San
Bernardino County Recorders office in direct violation of California Penal Code 115 & 115.5.
Lynn Noranne Evans is required to maintain a Notary Journal according to ORS 194.152, and I requesting a copy
of this documented transaction which will be in the Notary Journal with respect to this document, along with any
other information regarding this document that she may provide.
8. I certify under penalty of perjury that the foregoing Is true and correct. Signed this _ _ _..:;2;..;7..:;th;::......___ day of
__
~=~:::;::=-':__7,20;.1;,-1
State of _ _..:C:,:a""li""fo.:,.m.;.=ia:.:..-_
(State)
Mall to! Corporation Division, Notary Public Section, Public Service Building, 255 Capitol SI. NE, Suite 151, Salem, OR 97310-1327
19093935995
Jun
23 2011
1:44AM
February II, 20 II
From:~==::::::::~~. .
Re'. Inquiry into Notarization Act on "Substitution of Trustee", dated: May 11, 2009
Good Morning Lynn,
Attached you will find a "Substitution of Trustee" that you Notarized on May 11,2009 for
Adam Cook,(it appears to be), as the Attorney in Fact, for Wish ire Credit Corporation,
According to the Oregon Revised Statutes. ORS 192.440(2), I am allowed to inquire into
this public act, and request a copy of the Notary Journal page you are required to maintain
under Oregon Revised Statute 194.152, along with any other related information you may
possess.
Please provide any and all documentation requested. along with an explanation of any
other documentation that you may provide.
Could you please expedite this information, in that it is need by February 28. 20 II.
In the event you have any questions, please feel free to contact me at the above address, or
3I '7 Cell: 909-_ __
you can call me at: Office: 909I look forward to receiving you information.
Enclosures:
Substitution of Trustee
Self Address Return Envelope
p.8
Jun 23 2011
u.u e.
~u.u
'~:~~HM
p.9
19093935995
1:45AM
HP LASERJET
FA~
pacr;" 1
1!III:tr000lCiny ~1Id I. OIIIelol RI"";;;':~~.Unl)l.' Son ...."""'
1II111lCIIII
01:44AM
AC
LARRY WALKER
Audllllr/ConlrDller. Recorder
L5\
Wh~n
Doc t:
rlltorded 1\1.1/
to:
1111
2009-D2
Tiles:
~II 1111111111
Pages:
PI'JD
fS # C"..Q1~9,,_eD
Order f# O~.CAGTI
Loan,; _ _
Substitution of Trustee
WHEREAS,
, AN UNMARRIED MAN was the original Trustor,
UNITED TITLE COMPANY was the original Trustee, and MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC AS NOMINEE FOR WILMINGTON FINANCe, INC., A
CORPORATION was !!wI original eeneflalary under !hal certain 0.00 of Trust dated 3/24/2006
and fecordlld On 313012006 as InliltNlT1enl No. 2006.0
In book xxx, PElQe xxx of Official
Records of SAN BERNARDINO County, CA; and
WHEREAS, Ihe undersigned I. the prelllnt BenefiCiary under !laid Deed of Trusl, and
WHEREAS, the undersigned desires to sl.lbs!ltute a new Trustee under said Oeed of
Trust in plac:e IiInd stead of said original Trustee, or SUe<:ellSOr Tn.tliltee, thereunder, In the
manner provided ror In said Deed of Trust,
Whenllv&r the conte)(.\: hereof $0 requires, the masculine gender includes the feminine andlor
neuter, and the mngular number Includet!l the plural.
Page 1
18,00
.0
.00
p. 10
19093935995
FA~
pac::e 2
'.
Sublllitulloll 01 Trustee - CA
TS 1/ CA09
ED
Page 2
Dated: 5/1121)09
County of
~h. L
On S"t?<tD ,
appaarall
o~egDn
Wa;n,ngton
emt..,
u__
Slgna,~4.~
oorrem.
Orw
ff
,)
Jun
23 2011
p. 11
19093935995
1:45AM
nr-
L..Nbt:.t<..JI:.T
FR)(
pa;" 3
Affidavit of Mailing
CCA~-o:&-~7I'=I~~E.:D~IB
Truetor:_
I, Cynthia Tran, declare: That , am an employee of QUlllty Loan Service Corp., an agent lor
beneficiary, who.e buslne.. addre 18.;
2141 5th Avenue
Sen Diego, CA 92101
lam over the age of eighteen yeara and In accordance with California Civil Code Section 2934,
I causaa II ooPY of the attached Substitution of TrUltee to be mailed. in the manner provided In
Section 2924(b) of the CMI Code of the State of California, to the trUlotee of record under Ihe
Deed of Truat described In seld Sublltlt1Jtlon and to all paraons to whom a copy 01 the Notice 01
DetauM would be required to be maUed by the provlslonlll of saki section.
I certify (or deelare) under penalty of perjury under the laWl of the State of California that the
foregoing is tr~ and COl'T'8ct. Executed at Sen DIego, CA on 511312009.
APPENDIX 4
Judicial & Non-Judicial States
and Journal Requirements
State
Alabama
Alaska
Arizona
Judicial
x
x
x
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
x
x
x
x
x
Louisiana
Maine
Maryland
Mass
Michigan
Minnesota
Mississippi
Missouri
x
x
x
x
NonJudicial
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Journal
Required State
x
Montana
Nebraska
x
Nevada
New
Hampshire
x
New Jersey
x
New Mexico
New York
North Carolina
x
North Dakota
Ohio
Oklahoma
x
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
x
x
x
x
x
x
x
x
67
Judicial
x
x
x
NonJudicial
x
Journal
Required
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Court
Decides
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
APPENDIX 5
Notary Laws for Each State
Copy and Paste the web links
Alabama
http://www.nationalnotary.org/userimages/alabama.pdf
Alaska
http://www.nationalnotary.org/userimages/alaska.pdf
Arizona
http://www.nationalnotary.org/userimages/arizona.pdf
Arkansas
http://www.nationalnotary.org/userimages/arkansas.pdf
California
http://www.nationalnotary.org/userimages/california.pdf
Colorado
http://www.nationalnotary.org/userimages/colorado.pdf
Connecticut
http://www.nationalnotary.org/userimages/connecticut.pdf
Delaware
http://www.nationalnotary.org/userimages/delaware.pdf
Florida
http://www.nationalnotary.org/userimages/florida.pdf
Georgia
http://www.nationalnotary.org/userimages/georgia.pdf
Hawaii
http://www.nationalnotary.org/userimages/hawaii.pdf
Idaho
http://www.nationalnotary.org/userimages/idaho.pdf
Illinois
http://www.nationalnotary.org/userimages/illinois.pdf
Indiana
http://www.nationalnotary.org/userimages/indiana.pdf
Iowa
http://www.nationalnotary.org/userimages/iowa.pdf
68
Kansas
http://www.nationalnotary.org/userimages/kansas.pdf
Kentucky
http://www.nationalnotary.org/userimages/kentucky.pdf
Louisiana
http://www.nationalnotary.org/userimages/louisiana.pdf
Maine
http://www.nationalnotary.org/userimages/maine.pdf
Maryland
http://www.nationalnotary.org/userimages/maryland.pdf
Massachusetts
http://www.nationalnotary.org/userimages/massachusetts.pdf
Michigan
http://www.nationalnotary.org/userimages/michigan.pdf
Minnesota
http://www.nationalnotary.org/userimages/minnesota.pdf
Mississippi
http://www.nationalnotary.org/userimages/mississippi.pdf
Missouri
http://www.nationalnotary.org/userimages/missouri.pdf
Montana
http://www.nationalnotary.org/userimages/montana.pdf
Nebraska
http://www.nationalnotary.org/userimages/nebraska.pdf
Nevada
http://www.nationalnotary.org/userimages/nevada.pdf
New Hampshire
http://www.nationalnotary.org/userimages/newhampshire.pdf
New Jersey
http://www.nationalnotary.org/userimages/newjersey.pdf
New Mexico
http://www.nationalnotary.org/userimages/newmexico.pdf
New York
http://www.nationalnotary.org/userimages/newyork.pdf
69
North Carolina
http://www.nationalnotary.org/userimages/northcarolina.pdf
North Dakota
http://www.nationalnotary.org/userimages/northdakota.pdf
Ohio
http://www.nationalnotary.org/userimages/ohio.pdf
Oklahoma
http://www.nationalnotary.org/userimages/oklahoma.pdf
Oregon
http://www.nationalnotary.org/userimages/oregon.pdf
Pennsylvania
http://www.nationalnotary.org/userimages/pennsylvania.pdf
Rhode Island
http://www.nationalnotary.org/userimages/rhodeisland.pdf
South Carolina
http://www.nationalnotary.org/userimages/southcarolina.pdf
South Dakota
http://www.nationalnotary.org/userimages/southdakota.pdf
Tennessee
http://www.nationalnotary.org/userimages/tennessee.pdf
Texas
http://www.nationalnotary.org/userimages/texas.pdf
Utah
http://www.nationalnotary.org/userimages/utah.pdf
Vermont
http://www.nationalnotary.org/userimages/vermont.pdf
Virginia
http://www.nationalnotary.org/userimages/virginia.pdf
Washington
http://www.nationalnotary.org/userimages/washington.pdf
West Virginia
http://www.nationalnotary.org/userimages/westvirginia.pdf
Wisconsin
http://www.nationalnotary.org/userimages/wisconsin.pdf
Wyoming
http://www.nationalnotary.org/userimages/wyoming.pdf
70
APPENDIX 6
Secretary of State Information
Alabama
Alaska
Secretary of State
550 W 7th Ave , Suite 1700
Anchorage , AK 99501
Telephone: (907)269-7460 OR (907) 269-7460
State of Alaska Lieutenant Governor: http://ltgov.state.ak.us/
Arizona
Arkansas
Secretary of State RM 256 State Capitol Building Little Rock, AR 72201
Telephone: 501-682-1010 OR 501-682-1010
Arkansas Secretary of State - http://www.sosweb.state.ar.us/
California
Colorado
Connecticut
71
Delaware
Secretary of State, Division of Corporations 401 Federal Street Suite 4 Dover, DE 19901
Attn: David Krauss 302-739-6479
Telephone: 302-739-6479
Delaware Secretary of State web site: http://corp.delaware.gov/corpsosbio.shtml
District of Columbia
Secretary of State
1350 Pennsylvania Avenue, NW, Room 419 Washington, DC 20004
Telephone: (202) 727-6306 OR (202) 727-6306
Secretary of State for District of Columbia web site: http://os.dc.gov/os/site/default.asp
Florida
Department of State:
2661 Executive Center Circle Tallahassee, FL 32301
Mail to: P.O. Box 6800, Tallahassee, FL 32314-6800
Telephone: 850-245-6945 OR 850-245-6945
http://notaries.dos.state.fl.us/notproc7.html
Georgia
Hawaii
Circuit Court of the First Circuit, Legal Documents Section, Attn: Elsie
777 Punchbowl Street Honolulu, HI 96813
Telephone: (808) 539-4301 OR (808) 539-4301
Office Address: State Capitol, Room 415 Honolulu, Hawaii 96813
Phone: (808) 586-0221 OR (808) 586-0221 OR (808) 586-0222
Fax: (808) 586-0019
Notary Public web site for Hawaii: http://hawaii.gov/ag/notary/
Idaho
Secretary of State, Office Address: 304 North 8th Street ,Room 149
Mailing address: PO Box 83720; Boise ID 83720-0080
Telephone: (208) 334-2300 Fax: 208-334-2282
Idaho Secretary of State web site: http://www.idsos.state.id.us/
Illinois
72
Indiana
Iowa
Kansas
Kentucky
Secretary of State
Corporate Records, Room 156
700 Capitol Avenue
Frankfort, KY 40601
Phone: (502) 564-3490 OR (502) 564-3490 Fax: (502) 564-5687
Kentucky Secretary of State web site: http://sos.ky.gov/
Louisiana
LA Secretary of State
Twelve United Plaza
8585 Archives Avenue
Baton Rouge, LA 70809
P.O. Box 94125 Baton Rouge, LA 70804-9125
Web site http://www.sec.state.la.gov
Search Notary Commissions: http://www400.sos.louisiana.gov/notary-pub/ntrinq.ht
Maine
73
Maryland
Massachusetts
Michigan
Minnesota
Secretary of State
180 State Office Building 100
Rev. Dr. Martin Luther King Jr. Blvd. Saint Paul, MN 55155
Telephone: (651) 215-1440 OR (651) 215-1440 Fax: 651-296-9073
Minnesota Secretary of State web site: http://www.sos.state.mn.us/
Mississippi
Secretary of State
401 Mississippi Street
Jackson, MS 39201-1004
Mail to: P.O. Box 136 Jackson, MS 39205-0136
Telephone: (601) 359-1350 OR (601) 359-1350 Fax: 601-359-1499
Mississippi Secretary of State web site: http://www.sos.state.ms.us/
Missouri
74
Montana
Nebraska
NE Secretary of State
State Capitol, Suite 2300
Lincoln, NE 68509
Mail to: P.O. Box 94608
Lincoln, NE 68509-4608
Telephone: (402) 471-2554 OR (402) 471-2554 Fax: (402) 471-3237
Nebraska Secretary of State web site: http://www.sos.ne.gov/dyindex.html
Nevada
New Hampshire
New Jersey
New Mexico
Secretary of State
New Mexico State Capitol
325 Don Gaspar, Suite 300
Santa Fe, NM 87503
Telephone: (505) 827-3600 Toll Free: (800) 477-3632 Fax :505.827.8081
New Mexico Secretary of State web site: http://www.sos.state.nm.us/
75
New York
North Carolina
Note: Notarized Documents must have County and State seal embossed with seal on
NC Secretary of State Authentication Division Office
2 S. Salisbury Street; Raleigh, NC 27601-2903
Mailing Address
PO Box 29622
Raleigh, NC 27626-0622
Telephone: (919) 807-2140 OR (919) 807-2140
North Carolina Secretary of State web site: http://www.secretary.state.nc.us/authen/
North Dakota
Secretary of State
600 E. Blvd Ave, Dept 108
Bismarck, ND 58505-0500
Telephone: (701) 328-2900 OR (701) 328-2900 Fax: 701-328-1690
North Dakota Secretary of State web site: http://www.nd.gov/sos/
Ohio
Oklahoma
Oregon
Secretary of State
Corporation Division / Notary Public Section
255 Capitol St. NE Suite 151
76
Salem, OR 97310
Telephone: (503) 986-2593
Oregon Secretary of State web site: http://www.filinginoregon.com/notary/howtoauth.htm
Pennsylvania
Department of State
210 North Office Bldg.
Harrisburg, PA 17120
Telephone: (717) 787-5280
Pennsylvania Department of State web site: http://www.dos.state.pa.us/dos/site/default.asp
Rhode Island
Secretary of State
82 Smith Street
State House Room 217
Providence, RI 02903
Telephone: (401) 222-2357 Fax: 401-222-1356
Rhode Island Secretary of State web site: http://www.state.ri.us/
South Carolina
South Dakota
Secretary of State
500 East Capitol Avenue, Suite 204
Pierre SD 57501-5070
Telephone: (605)773-3537 Fax: (605) 773-6580
South Dakota Secretary of State web site: http://www.sdsos.gov/
Tennessee
Secretary of State
312 Rosa L. Parks Avenue 6th Floor
Snodgrass Tower Nashville, TN 37243-1102 .
Telephone: (615) 741-2286 Fax: (615) 741-5962
Tennessee Secretary of State web site: http://www.state.tn.us/sos/
Texas
77
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Secretary of State
P.O. Box 7848 Madison, WI 53707-7848
Telephone: (608)-266-8888
78
Wyoming
Secretary of State
State Capitol Building
200 West 24th Street Cheyenne, WY 82002-0020
Telephone: (307) 777-7378 Fax :307.777.6217
Wyoming Secretary of State web site: http://soswy.state.wy.us/default.aspx
79