What is the "MoD" responsibility both personal and social?
Well, around page 3 or 4 of the Deed of Trust it says...¶4. BORROWER COVENANTS that Borrower is lawfully seised (to take hold of) of the estate hereby conveyed and has the right to grant and convey the Property is unencumbered, except for encumbrances of record. Borrower warrants and will DEFEND GENERALLY THE TITLE TO THE PROPERTY AGAINST ALL CLAIMS AND DEMANDS, SUBJECT TO ANY ENCUMBRANCES OF RECORD.
Defend TITLE...Subject to encumbrances of record. Based on this point in life and the complexities of real property ownership how do we do that?
We start with identifying the Definitive Documents and "swat the interlopers". We do this by knowing what documents are being used against us and who is named in these documents. We do this by understanding the order of the documents and the general necessities for GIVING THE DOCUMENTS VERACITY.
Side Note: the creation of false documents to proliferate the illusion of authority, right to collect and right to enforce is a multi-billion dollar per year business. It is so well known within our community that the following rules and regulations currently exist to protect the D2D.
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DEED OF TRUST - ¶Acceleration; ¶Substitution of Trustee; and ¶Covenants of the Borrower. (4-corners)
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CCP § 2943 – Beneficiary Statement Request;
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CCP § 2924.12 – Borrower Right to Bring Action;
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CCP § 2924.17 – Veracity of Documents;
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CCP § 2934A(1)(A) – Substitution of Trustee;
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CCP §§ 2923.5 and 2924 – Relating to Persons, Property, Obligations (the Foreclosure Process);
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CCP §§ 1558 and 1550 – Parties to a Contract;
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CCP §§§ 1572, 1573, 1709 and 1710
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Fraudulent Concealment;
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Intentional Misrepresentation; and
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Negligent Misrepresentation
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CCP § 2941 – Discharge of Debt Obligation;
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California Penal Code 115(a) – False Document Filing;
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Robo Signing Administrative Order -
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PEB Report 2011: Application of the UCC to Selected Issues Relating to Mortgage Notes;
These protections, along with the California Homeowner Protection Act, exist because of known abuses within the Real Property community. All we had to do was to put them together with an existing claim/action.
Let's talk about the "4-corners" rule of contracts. The Four Corners Rule is a legal doctrine that courts use to determine the meaning of a written instrument such as a contract, will, or deed as represented solely by its textual content.
So, what are we missing from the Security Instrument (DD1) protections? We have a property to save.
[Season 1, Episode 7]