Nevada – DTC Systems Inc

Attorneys General of California and Nevada Announce Mortgage Investigation Alliance

Attorneys General of California and Nevada Announce Mortgage Investigation Alliance

By Daniel Edstrom
DTC Systems, Inc.

Press Release December 6, 2011

Attorneys General of California and Nevada Announce Mortgage Investigation Alliance

LOS ANGELES — Attorneys General Kamala D. Harris of California and Catherine Cortez Masto of Nevada today announced that their states have entered into a joint investigation alliance designed to assist homeowners who have been harmed by misconduct and fraud in the mortgage industry.

By forging this alliance, California and Nevada will combine investigative resources, including litigation strategies, information, and evidence gathered through their respective ongoing investigations, assisting each state as it pursues independent prosecutions.

This alliance will link the offices’ civil and criminal enforcement teams, speeding along the full, fair and adequate investigation of wrongdoing in the two states, which have experienced similar foreclosure and mortgage fraud crises. Continue reading “Attorneys General of California and Nevada Announce Mortgage Investigation Alliance”

State of Nevada Brings 606 Count Indictment against Two Alleged Robo-signers – Including 404 Felonies

State of Nevada Brings 606 Count Indictment against Two Alleged Robo-signers – Including 404 Felonies

By Daniel Edstrom
DTC Systems, Inc.

The indictment is 440 pages long and contains 606 counts against two individuals. 102 misdemeanors and 204 felonies against one person and 100 misdemeanors and 200 felonies against a second person. It sure seems to me that in a case like this involving recorded documents that mail fraud would be involved. This is because usually the recorded documents are sent through the mail.

Many, if not all of the documents involved in the indictment are Notices of Default. If these are forged documents, how can the non-judicial foreclosures have been strictly complied with? Of course I am not a lawyer, but it would sure seem to me that any document recorded after the Notice of Default would also be void. But who knows, maybe there is another law that says if the parties performing a non-judicial foreclosure commit 1 misdemeanor and 2 felonies you still lose your house. This seems unlikely since most non-judicial foreclosure states usually call for strict compliance with the non-judicial foreclosure statutes.

One notary has already pled guilty to one count of notarizing the signature of an individual not in her presence.

http://dtc-systems.net/wp-content/uploads/2011/11/robosignnotarypleading.pdf

http://dtc-systems.net/wp-content/uploads/2011/11/TracyLawrenceCriminalInformation.pdf

Who to Contact Regarding Mortgage Fraud

Who to Contact Regarding Mortgage Fraud

By Daniel Edstrom
DTC Systems, Inc.

The following is a press release issued by the Department of Justice FBI’s Sacramento Office. It represents a fairly comprehensive list of who is going after mortgage fraud. While this press release covers the Sacramento and Fresno areas of California, it is highly likely there is a similar task force in your area.

Department of Justice Press Release


For Immediate Release June 16, 2011	United States Attorney’s Office Eastern District of California Contact: (916) 554-2700 (916) 554-2700
U.S. Attorney Announces Results of Mortgage Fraud Prosecutions in 12 Months Since Operation Stolen Dreams Continue reading “Who to Contact Regarding Mortgage Fraud”

Failure to Allege Lack of Default

Failure to Allege Lack of Default

by Daniel Edstrom
DTC Systems, Inc.

I came across the following on Google Scholar (http://scholar.google.com/scholar_case?case=16055101289176414591&q=Restatement+(Third)+Of+Property+(Mortgages)+%C2%A7+5.4&hl=en&as_sdt=2,5):

A. Failure to Allege Lack of Default

First, Nevada law is clear that “[a]n action for the tort of wrongful foreclosure will lie if the trustor or mortgagor can establish at the time the power of sale was exercised or the foreclosure occurred, no breach of condition or failure of performance existed on the mortgagor or trustor’s part which would have authorized the foreclosure or exercise of the power of sale.” Ernestburg v. Mortgage Investors Group, No. 2:08-cv-01304-RCJ-RJJ, 2009 WL 160241, at *6 (D. Nev. Jan. 22, 2009) (internal citations and quotations omitted). The plaintiff must establish that they were not “in default when the power of sale was exercised.” Id. (citing Collins v. Union Fed. Sav. & Loan Ass’n, 662 P.2d 610, 623 (Nev. 1983)). Furthermore, a claim for wrongful foreclosure does not arise until the power of sale is exercised. Collins, 662 P.2d at 623.

Continue reading “Failure to Allege Lack of Default”