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Could a mortgage remain encumbered while the grant deed/ title be transferred to another entity for $0? ...

Could a mortgage remain encumbered while the grant deed/ title be transferred to another entity for $0?
Jose Malavega sought services of Joseph Policarpio who in turn forged signature and transferred title to Sky Unlimited who had a $108,000 EDD lien due to unpaid payroll liability. Title was again passed for $0 to 7K Island Inc. that is filing an unlawful detainer to residents but using a bogus address and address on court documents. Contact number of 7K is with Burbank Courthouse Sheriff's Department.

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1064 willard story Presentation Transcript

  • 1. 1064 Willard Ave. Glendale CA 91201-2217 Glendale CA 91201-2217 Story
  • 2. As reported by Ticor Title as of 3/29/12 • Property overview Primary Owner: 7K Islands Inc.; Wealth Vision Intl Inc. Mail Address: 4708 Fountain Ave. #D Los Angeles CA 90029 APN: 5623-040-009 Lot No. 75 Page Grid 564-B2
  • 3. Property Details • Bedrooms: 2 (3 in reality) Year Built: 1940 Square Feet: 1,171 SF Bathrooms: 1 (2 in reality) Garage: yes Lot Size: 5,297 SF Total Rooms: 3 Fireplace: yes Use code: Single-Family Residential
  • 4. Sale & Loan • Transfer Date: 08/30/11 Seller: Sky Unlimited 1 GM TR, Transfer Value: N/A Document #: 11-1175295 Cost/Sq Feet: N/A
  • 5. Assessment & Taxes • Assessed Value: $480,000 Percent Improvement: 22.92% Land Value: $370,000 Tax Amount: $5,261.95 Tax Rate Area: 4-045 Improvement Value: $110,000, 2010
  • 6. Prior Transfer • Recording Date: 08/30/2011 Document # 11-1175295 BK-PG Price: N/A Document Type: Grant Deed First TD: N/A Type of Sale Price as “0”, “None”, No Consideration
  • 7. Grant Deed • Buyer Name: 7K Islands Inc., Wealth Vision Intl Inc., USA Mortgage Relief, Sky Unlimited I G M TR; First Fidelity Trust; BH Investments TR • Seller Name: Sky Unlimited I G M Tr, • Legal Description: Lot 75 Tract No. 9352 City of Glendale
  • 8. • Prior Transfer Recording Date: 03/18/11 Document No. 11-0417254 BK-PG Price: N/A Document Type: Intrafamily Transfer or Dissolution Type of Sale Non-Arms Length Transfer Buyer: Malavega, Soledad Seller Malavega, Jose Buyer Vesting Married Woman as her sole and separate property
  • 9. Foreclosure Record • Recording Date: 02/01/2011 Document # 11-0170609 BK-PG Document Type: Notice of Rescission Original Foreclosure Document: 100042705
  • 10. Prior Transfer • Recording Date 08/11/2010 Document # 10-1116803 BK-PG Price N/A Document Type Grant Deed Type of Sale Price as “0”, “None”, “No Consideration”
  • 11. Trans Atlantic sells to Sky Unlimited • Buyer Name: Sky Unlimited I G M Inc. Tr; BH Investments Inc.; 7K Islands Inc.; Trans Atl Int Tr • Seller Name: Trans Atlantic Intl Inc. • Legal Description: Lot 75 Tract No. 9352 Map Ref MB125 PG29&30 City of Glendale
  • 12. Foreclosure Record • Recording Date: 07/12/2010 Document # 10-0946986 BK-PG Document Type: Notice of Sale (aka Notice of Trustee’s Sale) Auction Location 12720 Norwalk Blvd., Norwalk Auction Date/Time 08/02/2010 10:00 AM Min Bid Amt $573,578
  • 13. Foreclosure Record • Recording date 01/12/2010 Document # 10-0042705 BK-PG Document Type Notice of Default Beneficiary Name Deutsche Bank National Trust Co Trustor Names Malavega Jose; Malavega Soledad Trustee Name CAL Western Reconveyance Corp.
  • 14. 01/12/2010 • Mailing address: 525 E Main St., El Cajon, CA 92022-9004 • Trustee Phone 619-590-9200 • TS# 1258791-11 • Loan Doc # 07-0519144
  • 15. Loan • Loan Date 03/09/2007 Loan Amount $517,950 Contact Name Deutsche Bank National Trust Co. Attn Cal Western Reconveyance Corp Mailing Address 525 E Main St El Cajon CA 92022-9004 Legal Description: Lot 75
  • 16. Prior Transfer • Recording Date 03/09/2007 Document # 07-0519143-BK-PG Price $575,500 DocType Grant Deed First TD $517,950 Type of Sale Full-Computed from Transfer Tax Mortgage Doc # 07-0519144 Interest Rate 8.25%
  • 17. 03/09/2007 • Lender Chevy Chase Bank FSB Buyer Name Malavega, Jose & Soledad Seller Name US Bank NA FFMLT Mortgage Pass Through Certificates Buyer Vesting Joint Tenancy Adjustable Rate Index Twelve Month Ave. Change Index 3.25% Rate Change Frequency Monthly First Change Date 2007
  • 18. Prior Transfer • Recording Date: 11/16/2006 Document # 06-2538822 BK-PG Price $517,925 Doc Type Trustee’s Deed Type of Sale Full Amount on Deed Buyer Name US Bank NA First Franklin Mortgage Loan Trust Seller Ayranjian, Arsen Buyer Vesting: Trust
  • 19. Mortgage Record • Recording Date 08/25/2005 Document # 05-2042147 BK-PG Loan Amount $120,000 Loan Type Stand Alone Second TD Due Date 09/01/2020 Lender Name First Franklin Vesting Married Man as his sole and separate property Borrower’s Name Ayranjian, Arsen
  • 20. Prior Transfer • Recording Date 08/25/2005 Document # 05-2042145 BK-PG Price NA Document type Intrafamily Transfer or Dissolution Type of Sale Non-Arms Length Transfer Buyer Ayranjian, Arsen Seller Name Haddad, Ester
  • 21. Prior Transfer • Recording Date 08/25/2005 Document # 05-2042144 BK-PG Price $600,000 Document type Grant Deed First TD $480,000 Type of Sale Price Unconfirmed
  • 22. • Mortgage Doc #05-2042146 Interest rate 6.62% Lender Name First Franklin Buyer Name Ayranjian, Arsen Seller Name Aleksanyan, Lusya Buyer Vesting Married Man as his sole and separate property Adjustable Rate Index Libor Change Index 5.25% Rate Change Frequency: Six months or semi-annually
  • 23. Mortgage Record • Recording Date 02/03/05 Document # 05-0258389 BK-PG Loan Amount $464,000 Loan Type Unknown TD due date 02/01/2035 IR 8.6% Type of Financing Adj Lender Name WMC Mortgage Corp Lender Type *X
  • 24. • Borrower’s Name: Aleksanyan, Lusya Adjustable Rate Index Libor Change Index 8.5% Rate change frequency 6 mos. or semiannually Prepayment penalty rider: no
  • 25. Mortgage Record • Recording Date 05/04/01 Document # 01-0767438 BK-PG Loan Amount $15,000 Loan Type Unknown Lender Name Daniellan Financial Services Lender Type Aleksanyan, Melikset Legal Description: Lot 75 Tract No. 9352 City of Glendale
  • 26. Mortgage Record • Recording Date 04/19/2001 Document 01-0665440 BK-PG Loan Amount $260,000 Loan Type Stand Alone First TD Due Date 05/01/2031 Lender Type Bank Borrowers Name Aleksanyan, Melikset Legal Description: Lot 75 Tract 9352 Glendale
  • 27. Mortgage Record • Recording Date 07/12/1999 Document # 99-1279909 BK-PG Loan Amount $50,000 TD Due Date 03/05/2014 Lender Name Bank One NA Lender Type Bank Borrowers Name Aleksanyan, Melikset, Aleksanyan, Luysa
  • 28. Prior Transfer • Recording Date 03/06/1998 Document # 98-0366282 BK-PG Price $149,500 Document Type Individual Deed First TD $142,000 Type of Sale Full Computed from Transfer Tax Lender National Home Funding Corp Buyer Aleksanyan, Melikset Seller Spruill, Raymond T & Spruill, Helen M
  • 29. Prior Transfer • Recording Date 10/14/97 Document 97-1594508 BK-PG Price $164,665 Document Type Trustee’s Deed First TD N/A Type of Sale Full amount on deed Buyer Spruill Raymond T, Spruill, Helen M Seller Burnet, Gary F, Spruill, Raymond T Buyer Vesting Joint Tenancy
  • 30. Comparable Sales Data • Address: 1230 Olmsted Dr Date 03/21/12 Price $572,000 $/SF $419 Bld/ Area 1,364 Rm Br/ Bth /3/2 YB 1939 Lot 6800 SF Proxim .37 mi.
  • 31. • Site Address Glendale CA 91202-1433 APN 5628-007-019 Price Code F Land Use Single Family Residential Buyer Grayson, Joshua E, Sheldon, Jane Seller Name Kennedy, David E, Kennedy Patricia Legal Lot 17 Tract 5621 City of Glendale
  • 32. Comparable • Address: 1020 Rosedale Ave. Date 02/13/12 Price $380,000 $/SF $239 Bld/Area 1,585 Rm/br/bath /4/2 YB 1927 Lot 6,547 SF Proxim .14 Mi Site address Glendale CA 91201 APN 5623-037-013 Buyer Issaian, Antranik, Issaian, Norik
  • 33. Comparables • Address 834 Graynold Ave. Glendale CA 91202 Date 1/31/12 Price $370,000 $/SF $378 Bld/Area 977 Rm/Br/ Bath /2/1 YB 1939 Lot 6,808 SF Proxim .29 mi Doc type: Grant Deed Buyer Name Kazariane, Tadeh, Mardirosian, Neenel
  • 34. Comparable • Address 1446 Cleveland Rd Glendale CA 91202 Date 1/31/12 Price $665,000 $/SF $389 Bldg/Area 1,706 Rm / Br/ Bath /3/1 YB 1926 Lot 9,418 SF Proxim .53 mi Buyer: Shaumyan, Alfred, Torabyan, Madlen
  • 35. Mortgage Record • Recording date 02/03/2005 Document # 05-0258389 BK-PG Loan Amount $464,000 TD Due Date 02/01/2035 IR: 8.6% Type of Financing Adj Lender Name WMC Mortgage Corp Lender Type *X Borrower’s Name Aleksanyan, Lusya
  • 36. California Secretary of State • Business Search Results as of Friday, April 6, 2012 Entity No. C1201234 Date Filed 05/18/1983 Status Suspended Entity Name Sky Islands Estates Inc. Agent for Service of Process: Tony Regan
  • 37. Business Entity Detail • Entity Name Sky Unlimited Inter-Global Marketing Inc. Entity No. C2603403 Date Filed 01/20/2004 Status: Suspended Jurisdiction: California Entity Address: 22020 Clarendon St. Ste 201C, Woodland Hills CA 91367
  • 38. Sky Unlimited • Agent for Service of Process Herbert Policarpio Agent Address: 22020 Clarendon St Ste 201C Woodland Hills CA 91367
  • 39. Wealth Vision Intl Inc • Entity No. C3071643 Date Filed: 12/31/2007 Status: Suspended Jurisdiction: California Address 10901 Gloria St. Granada Hills CA 91344 Agent for Service of Process: Herbert Policarpio Address: 10901 Gloria St Granada Hills CA 91344
  • 40. Capital One • PO Box 21887 Eagan, MN 55121-0887 6-752-50889-0001335-001-1-000-000-000000 Jose Malavega Soledad Malavega 1064 91201 AR201
  • 41. Loan No. 0557013141 SPOT • Dear Mortgagor(s) Payment Change Notice In accordance with the terms of your Note, the interest rate on the mortgage will be adjusted to 3.37500%
  • 42. Capital One • Stephen Z Account Manager (877)230-8516 Extension 443-7106
  • 43. Beware • Beware of Foreclosure Rescue Scams. Help is Free! There is never a fee to get assistance or information about the Making Home Affordable program from your lender or HUD-approved housing counselor.
  • 44. HUD-approved Counselor • http://www.hud/gov/offices/hsg/sfh/hcc/fc or call 888-995-HOPE. Beware of any person or organization that asks you to pay a fee in exchange for housing counseling services or modifications of a delinquent loan.
  • 45. Beware • Beware of anyone who says they can “save” your home if you sign or transfer over the deed to your house. Do not sign over the deed of your property to any organization or individual unless you are working directly with your mortgage company to forgive your debt. Never make mortgage payments to anyone other than your mortgage company without their approval.
  • 46. Recorded May 14, 2013 • As Doc No. 20130721367 By s/ PETER SAR LSI Title Company
  • 47. Recording requested by • Quality Loan Service Corp When recorded mail to: Quality Loan Service Corp. 2141 5th Ave. San Diego, CA 92101
  • 48. • TS No. CA-11-484130-VF • Order No. 110561498-CA-GTI • APN No. 5623-040-009
  • 49. Notice of Default and Election to Sell Under Deed of Trust • If your property is in foreclosure because you are behind in your payments, it may be sold without any court action, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally 5 business days prior to the date
  • 50. • set for the sale of your property. No sale date may be set until approximately 90 days from the date this Notice of Default may be recorded (which date of recordation appears on this notice). This amount is $145,682.96 as of 5/10/2013 and will increase until your account becomes current.
  • 51. • While your property is in foreclosure, you still must pay other obligations such as insurance and taxes) required by your note and deed of trust or mortgage. If you fail to make future payments on the loan, pay taxes on the property, provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing.
  • 52. • In addition, the beneficiary or mortgagee may require as a condition of reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard insurance premiums.
  • 53. • Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the notice prior to the time the notice of sale is posted (which may not be earlier than
  • 54. • three-months after this Notice of Default is recorded) to, among other things, (1) provide additional time in which to cure the default by transfer of the property or otherwise, or (2) establish a schedule of payments in order to cure your default; or both (1) and (2).
  • 55. • Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or separate written agreement between you and your creditor permits a longer period, you have only hte legal right to stop the sale of your property by paying the entire amount demanded by your creditor.
  • 56. To find out the amount you must pay, or arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact: • Deutsche Bank National Trust Company as Trustee for BCAP Trust LLC 2007-AA4 c/o Quality Loan Service Corp 2141 5th Avenue San Diego, CA 92101 (619)645-7711
  • 57. • If you have any questions, you should contact a lawyer or the governmental agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale provided the sale is concluded prior to the conclusion of the foreclosure.
  • 58. • Remember,YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION.
  • 59. • NOTICE IS HEREBY GIVEN: That the undersigned is either the original trustee, the duly appointed substituted trustee, or acting as agent for the trustee or beneficiary under a Deed of Trust dated 3/6/2007, executed by Jose Malavega and Soledad Malavega, husband and wife as joint tenants, as Trustor, to secure certain obligations in favor of Mortgage Electronic Registration Systems, Inc., as Nominee for Chevy Chase Bank, F.S.B.,
  • 60. • as beneficiary, recorded 3/9/2007, as Instrument No. 20070519144, of Official Records in the Official Records in the Office of the Recorder of Los Angeles County, California describing land therein; as more fully described in said Deed of Trust.
  • 61. • Said obligations including 1 Note(s) for the original sum of $517,950, that the beneficial interest under such Deed of Trust and the obligations secured thereby are presently held by the beneficiary; that a breach of, and default of, and default in, the obligations for which such Deed of Trust is security has occurred in that payment in that payment has not been made of:
  • 62. • The installments of principal and interest which became due on 9/1/2009 and all subsequent installments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, insurance premiums, advances made on senior liens, taxes and/or insurance, trustee’s fees, and any attorney fees and court costs arising from or associated with the beneficiaries
  • 63. • efforts to protect and preserve its security, all of which must be paid as a condition of reinstatement, including all sums that shall accrue through reinstatement or pay-off. Nothing in this notice shall be construed as a waiver of any fees owing to the Beneficiary under the Deed of Trust pursuant to the terms of the loan documents.
  • 64. • That by reason thereof, the present beneficiary under such deed of trust, has executed and delivered to said duly appointed Trustee, a written Declaration of Default and Demand for same, and has deposited with said duly appointed Trustee, such deed of trust and all documents evidencing obligations secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable and has elected and does hereby
  • 65. • elect to cause the trust property to be sold to satisfy the obligations secured thereby. The Mortgage Servicer declares that it has contacted the borrower, tried with due diligence to contact the borrower as required by California Civil Code 2923.55, or is otherwise exempt from the requirements of 2923.55. Pursuant to the attached declaration incorporated herein and made a part hereof by this reference.
  • 66. • If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right’s against the real property only. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
  • 67. • This office is attempting to collect a debt and any information obtained will be used for that purpose. Dated: 5/10/2013 Quality Loan Service Corp, Trustee By: Hannah Adye, Assistant Secretary
  • 68. California Declaration2923.55(c)) of Compliance (Cal. Civ. Code Borrower(s) Jose Malavega, Soledad Malavega Property Address: 1064 Willard Ave., Glendale Ca 91201 Trustee Sale No. CA-11-484130-VF The undersigned, as an authorized agent or employee of the mortgage servicer named below, declares as follows:
  • 69. • 1. [ ] The mortgage servicer has contacted the borrower to assess the borrower’s financial situation and explore options for the borrower to avoid foreclosure as required by California Civil Code 2923.55(b)(2). Initial contact was made on ____ • 2. [x] The mortgage servicer has tried with due diligence to contact the borrower as required by California Civil Code 2923.55(f) but has not made contact despite such
  • 70. • due diligence. The due diligence efforts were satisfied on 10/14/11. •[ ] No contact was required because the individual did not meet the definition “borrower” under California Civil code 2920.5(c).
  • 71. • 4. [ ] The requirements of California Civil Code 2923.55 do not apply because the loan is not secured by a first lien mortgage or deed of trust on “owner-occupied” residential real property as defined by California Civil Code 2924.15
  • 72. • I certify that this declaration is accurate, complete and supported by competent and reliable evidence which the mortgage servicer has reviewed to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information.
  • 73. • Dated: 1/17/13 Capital One, N.A. Printed Name of Agent or Employee: Chandra Aldridge
  • 74. Summary • Due to income changes with the Malavegas, they paid about $3,000 to Joseph Policarpio for a loan modification (see the cease and desist order from the DRE from search engine). Malavega does not recall signing any sale or transfer. Deed has EDD lien due to unpaid payroll taxes of (name of company? for $108,000.
  • 75. Real Estate Lawyer Wanted • To make letter to the EDD to dispute the attachment of lien because he did not transfer or sold the property for $0. No where in the history that Jose Malavega sold the 1064 Willard Ave. house for $0. Request signed document that Jose Malavega sold the house for $0. 1% Short Sale Coordinating Fee
  • 76. • Lucille Atillo signifies interest to assume mortgage at negotiated $1,500 per month, purchase house or assume mortgage.
  • 77. • Property cannot be sold on short sale due to EDD Lien.