I contacted June Reyno recently for an update and instead what I got was the information below. I’m posting it solely so you can make up your own mind on the case. I read through the attachments and quite frankly I think this is a smoke and mirrors exercise rather than an attempt to address the underlying issue, June failed to make her mortgage payments.
For those unfamiliar with June, take a look at Woman Chains Self to Home to Prevent Foreclosure and Damn You June Reyno. Let Your Home Go And Move On.
So here it goes, the response I got when I asked June Reyno for an update.
Oh yes, you might want to read the Court Reporter’s Transcript to get a flavor of what this situation has turned into.
Hello All:
I would like any help to distribute the attached from people who have any interest in helping me publish this on the Web to expose the criminal aspects of people holding various positions from the community who unknowingly act as “vultures” in the industry that aid and enable the Wall Street Banks that operate in line with their pretender lenders, mortgage servicers, realtors, brokers, foreclosure mill attorneys, market investors, REO asset property management companies et. al to steal as many homes as they possibly can through “working people”. These unlawful actions enable the Central Banks and their pretenders lenders to make an additional profit in “the resell” of foreclosed houses returned to the open market after the Taxpayer Wall Street Billion $$ Bail Out October 2008.
The Judge unfortunately denied my request for protection to restrain the respondents and another Judge in another court imposed a restraining order after my arrest trial to stop putting up “protest signs” around our home.
We were wrongfully foreclosed on without our knowledge by Option One Mortgage/Litton Loan Servicing in July 2007). That is, after our Note and Mortgage was fraudulently conveyed to an unknown source after our loan closing in April 2006. Quality Loan Servicing San Diego CA/Litton Loan Servicing Houston TX/Option One Mortgage Corporation Irvine California with their foreclosure mill lawyers foreclosed on our home of 20 years in July 2007 without our knowledge. NEVER in my personal experience as a Pro Se Litigant did these impostors and fraudsters ever have to prove to any Presiding Local, State and Federal [Bankruptcy] Judge here in California that the foreclosing party must prove under California Regulations that they were the Beneficiary [Holder in Due Course] of the Note.
(See: President Obama Executive Order 13519–Establishment of the Financial Fraud Enforcement Task Force http://www.presidency.ucsb.edu/ws/index.php?pid=86893 and The Cal Civ. Code 2943(b)(1) requiring production of the Note to the Borrower prior to California foreclosure Trustee Sale).
The main issues are whether the “lender” or “trustee” has any authority to foreclose, agree to a short sale, or modify the loan. The answer is no, they don’t. A secondary and more exotic issue is that #1 co-obligors were added as the loan documents moved up the chain of securitization and #2 the pooling and service agreement combined with the structural requirements of the SPV require a misapplication of payments.
Thus the investor is the ONLY PARTY who could claim to being a holder in due course because the investor is the only party that can claim ignorance of the predatory loan tactics, lack of disclosure of real parties, lack of disclosure of fees paid to undisclosed parties etc. Hence the issue is NOT whether the “lender” received payment, it is whether the “holder of the note” received payment, regardless of the source of that payment. If my aunt wishes to pay off my mortgage payment on the entire balance, she is perfectly within her rights to do so and my obligation would be required to be reduced accordingly.
The Trustee is breaching his fiduciary duties to the borrower by not requiring the “lender” to make representations that #1 disclose the holder in due course (Beneficiary) and #2 that the Holder did not receive payment. There is also issue as to whether the nominal trustee on the deed of trust was replaced by the trustee of the pooling and services agreement and thus whether the Trustee is misrepresenting itself as having continued authority to even communicate with the borrower regarding the collection of a debt, the foreclosure of the property or to pursue the eviction of the homeowner.
Communication with the Trustee of Record is very important because it requires a response from the Trustee as to the demand for a satisfaction of mortgage to be filed. And, that response requires the Trustee of Record to perform due diligence to determine the holder in due course (investor) was paid out of some reserve within the Special Purpose Vehicle [Trust] “SPV”, or by insurance, Collateralized Debt Securities “CDSs”, or some other guarantee or contribution, there is no delinquency or default because the payment is made!
A third party payment MIGHT give rise to an unsecured claim by that third party against the borrower, but at that point the mortgage and note are severed or split and the borrower is entitled to a satisfaction of mortgage or quiet title.
Thus, the option for people who have already “lost their homes” is to regain them by filing quiet title actions through the courts. The option for investors who did not get paid is to file a claim against the borrower for both foreclosure and collection, thus creating an additional cloud on the title to the property, the mortgage and the note.
Thank you, all, in advance for your community support and assistance in helping me to disseminate the above information with attachment in the interest of justice and most importantly, on behalf of the 20 Million+ families across America that have unfortunately lost their homes to foreclosure. There stands potentially another 60-80 Million more families in America at risk in losing their single most important lifetime investment. Option ARMs are coming back center stage of which 350,000 are active with over 200,000 in California. 78% of Option ARMs have yet to hit recast dates.
We are waiting patiently to return to our San Diego home and awaiting the decision of the 4th Appellate District Court to remand our case for further proceedings back to the Superior Court.
Our note and mortgage has been sold and transferred to another pretender lender: Island Source II, LLC Minnetonka Minnesota /Insource Financial Services, LLC Huntington New York dba: Homecomings Financial Services Network Inc. after we were evicted on March 14, 2009. Thankfully our Notice to Preserve Interest and a Lis Pendens Notice was filed by our appellate attorney through the courts & filed with the San Diego County Recorder’s Office. This service of notice has worked to prevent (as intended) prospective Buyers in placing offers against our property after the Trustee Sale.
Buyers & Realtors should know and have been informed that if they place any offers to purchase our home from the pretender lender they are leaving themselves open to being named in the lawsuit.
“They didn’t and won’t listen to us individually. They probably won’t listen to us as a group. But I refuse to give up without a fight.”
–Dan Edstrom Contributor of the LivingLies Website BlogDitto!
Sincerely yours,
June Reyno, Director
National Alliance of Homeowners for Justice, Inc.
& the Neil Garfield Foreclosure Defense Group
Go to: www.livinglies.wordpress.com
(a Community Collaborative Anti-Foreclosure Project)
858-361-2399 or 1-888-668-0686
www.MSfraud.org
http://www.stopthebanksters.orgAttachments:
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