Assembly Bill 284 AB 284 passed by the Legislature this year should help. Assembly Bill 284 will tighten the foreclosure process, increasing the requirements of lenders planning to foreclose. It takes effect on October 1, 2011.
Cortez Masto and Assembly Majority Leader Marcus Conklin, a primary sponsor of AB284, said the law would protect the integrity and transparency of the process. Conklin said one key area addressed in the bill is “robo-signing” — bank officials, lawyers and notaries signing off on documents without really knowing what’s in them. The law will put an emphasis on lenders having all of the proper documents in place and doing things correctly.
Cortez Masto said her office has been investigating claims that officials and notaries were signing blank documents that would be filled in later. There are also complaints that people preparing the documents are making realistic-looking forgeries, including cutting and pasting signatures on a computer, to speed up the process, she said.
The new law will require that a person trying to foreclose on a property sign an affidavit with key information on it and have it recorded in the county where the property is. It also will require that documents used in foreclosures be recorded. That should help homeowners get information that hasn’t always been easy to obtain.
The law will also give the attorney general’s office a greater ability to go after mortgage fraud cases and will increase penalties for the use of fraudulent documents in a foreclosure.
According to the Nevada Attorney General, she is investigating Countrywide’s liability for fraudulent mortgage lending, including:
• failing to provide loan modifications to eligible borrowers;
• failing to make decisions on loan modifications, on average, within sixty days of
receiving requests from Nevada consumers; and
• initiating or proceeding with foreclosures while consumer’s modifications requests were pending.
• increased consumers’ interest rates and monthly payments, even though the consent judgment allows only modifications that decrease consumers’ interest rates, actually leaving consumers worse off.
• required consumers to provide extensive documentation – including pay stubs, tax returns, and sworn affidavits — to qualify for modifications, despite the consent judgment’s promise of streamlined modifications.
“After two and a half years of lost implementation – of borrowers denied modifications, discouraged by repeated and futile efforts to obtain help, or already subject to foreclosure – the state no longer can get the benefit of its original settlement with Defendants,” Masto said in a press release.
James R. Stout, Esq. has passed three bar exams: California, Nevada and Arizona but exclusively practices in California
Passing a bar exam is one step in being a lawyer. You need swearing in, Official Documents Showing your legal name which must be used in full when performing as an officer of the Court etc..
All members of the Court need to be Challenged by litigants to ascertain that the Court Officers have legal jurisdiction. If they have sworn an Oath to The Queen of England (The Bar Association is affiliated with the Crown of England), or an Oath to the United Nations they have no Jurisdiction over a Sovereign, living, breathing, blood, filled veins Freeman with all of his Rights Reserved Under the Constitution of the United States of America.
Always Challenge a Gold Fringed Flag in the Court Room. It is a Military Flag and under it you have no Constitutional Rights.
These Corporate Officer will attempt to trick you into a contract with their Corporation. Never give a plea as these life less dullards will have your backside for lunch..
If you absolutely need to sign a document, write; “VI COACTUS” (Under Duress) Then sign your name, not your “ALL CAPS NAME.”
If the Judge leaves the Court room for a short period, then returns, you must reinstate the facts that you; Do not make pleas, or contracts with corporate entities, that you are the Executor of the Estate of the all CAPS NON LIVING STRAW MAN. You represent your ALL CAPS STRAW MAN and as the Executor they have no power over you. You do not understand the Courts Jurisdiction, yield to corporate fictions, nor do you speak legal ease. I am a common man who Reserves his Rights under the Constitution of the United States of America and respectfully refuse to make any contract with your Corporation.
If they ask you, “Do you understand?” Always answer very respectfully, “No, I do not understand, nor yield to corporate fictions, nor do I speak legal ease. I am a common man who Reserves his Rights under the Constitution of the United States of America and respectfully refuse to make any contract with your Corporation.
Always restate your position if and when the Judge leaves and then returns as this is another trick to make contract with you. “I do not understand, nor yield to corporate fictions, nor do I speak legal ease. I am a common man who Reserves his Rights under the Constitution of the United States of America and respectfully refuse to make any contract with your Corporation. I represent my “ALL CAPS STRAW MAN” and as the Executor you have no power over me.”
If they ask you, “Do you understand?” Always answer very respectfully, “No, I do not understand, nor yield to corporate fictions, nor do I speak legal ease. I am a common man who Reserves his Rights under the Constitution of the United States of America and respectfully refuse to make any contract with your Corporation.Executor of the Estate of the all CAPS NON LIVING STRAW MAN. I represent my ALL CAPS STRAW MAN and as the Executor the court has no power over me.”
If you hire an Attorney, the Judge will assume you are an idiot with no mind of your own and will treat you as such. If you go online and research, acquire knowledge, the Prosecutor will be intimidated if you stick to the guide lines I have set but, you can easily rewrite, and improve on them.
This information is to be used at your own peril / benefit. I am not an evil Corporate Officer of the Court. This is only to be used if you are “innocent, and have not done any bodily harm or property damage, or threatened any one in any way.” Examples of where this information could be used, traffic tickets ( where no bodily harm or property damage occurred), foreclosures, non-payment of voluntary taxes etc( as always, “where no bodily harm or property damage occurred and being innocent” are operative words of truth).
“I Reserve All of My Rights Under the Constitution of the United States of America.”
Praying to Our Lord Jesus Christ is also Beneficial, and Highly recommended.
When you seek perfection, you most likely will fail to succeed in the normal course human interaction. When you misstate the problem you will misdirect the solution.
Such is much of the direction of this legislation.
Politicians and big business colluded to reelect the Politicos and enrich the greedy by allowing underwritting standards to be rediculously las and this combined with the Feds cheap money policy was the problem. Subsidizing – first time homeowners- what a scam. The economy grows when the low price house can be sold at a nominal profit and move up the ladder about 3 or 4 steps to the house on the hill. This is the American dream.
To believe that making higher costs loans helps homeownership is a be a fool.
The benefactors are the Policicos, the bureaucrats and other puppetmaster advocates. Each new legal requirement raises the price of homeownership without adding one single new feature.
When I first entered the Real Estate profession- a Listing was a single page with carbon paper. An Offer to Purchase Contract was one page. Every single participant to the transaction could matter read and comprehend the entire contract in a few minutes.
Seeking perfection will kill the golden goose. Maybe the tense is wrong, killed may be more correct.