Typically when we are conducting a "robosigner" chain of title audit, we will inspect the signatures of people signing the various documents that you see in a chain of title (Notice of Default, Notice of Sale, Assignment of Deed of Trust, Substitution of Trustee, etc.). The so-called robosigner audit has fueled this problem. Yes, someone will sign a document purporting to be John Doe, only to learn that it was not John doe signing the foreclosure related document. Even so, the Notary will allow their notary stamp to be used to basically falsely verify that the signature is valid and making no requirement that the signed of the document physically appear and have their credentials verified.
For the big lenders, this is simply a "technicality" that doesn't really matter. To us attorneys, the law is being broker, manipulated, and spit on in the name of "rush to foreclosure." We talk more about this onhttp://www.RobosignerAudits.com.
Typically, we will send out "Notary Validation Letters" demanding that the notary provide a copy of the notary transaction log for a particular document. Well, it seems some of the Notaries (who just so happen to be "employees of the bank") have LOST THEIR NOTARY BOOKS WHICH IS A LEGAL REQUIREMENT FOR THEM TO KEEP.
Here is the California Law on that point (California Government Code Section 8206):
(a) (1) A notary public shall keep one active sequential
journal at a time, of all official acts performed as a notary public.
The journal shall be kept in a locked and secured area, under the
direct and exclusive control of the notary. Failure to secure the
journal shall be cause for the Secretary of State to take
administrative action against the commission held by the notary
public pursuant to Section 8214.1.
(2) The journal shall be in addition to, and apart from, any
copies of notarized documents that may be in the possession of the
notary public and shall include all of the following:
(A) Date, time, and type of each official act.
(B) Character of every instrument sworn to, affirmed,
acknowledged, or proved before the notary.
(C) The signature of each person whose signature is being
(D) A statement as to whether the identity of a person making an
acknowledgment or taking an oath or affirmation was based on
satisfactory evidence. If identity was established by satisfactory
evidence pursuant to Section 1185 of the Civil Code, the journal
shall contain the signature of the credible witness swearing or
affirming to the identity of the individual or the type of
identifying document, the governmental agency issuing the document,
the serial or identifying number of the document, and the date of
issue or expiration of the document.
(E) If the identity of the person making the acknowledgment or
taking the oath or affirmation was established by the oaths or
affirmations of two credible witnesses whose identities are proven to
the notary public by presentation of any document satisfying the
requirements of paragraph (3) or (4) of subdivision (b) of Section
1185 of the Civil Code, the notary public shall record in the journal
the type of documents identifying the witnesses, the identifying
numbers on the documents identifying the witnesses, and the dates of
issuance or expiration of the documents identifying the witnesses.
(F) The fee charged for the notarial service.
(G) If the document to be notarized is a deed, quitclaim deed,
deed of trust affecting real property, or a power of attorney
document, the notary public shall require the party signing the
document to place his or her right thumbprint in the journal. If the
right thumbprint is not available, then the notary shall have the
party use his or her left thumb, or any available finger and shall so
indicate in the journal. If the party signing the document is
physically unable to provide a thumbprint or fingerprint, the notary
shall so indicate in the journal and shall also provide an
explanation of that physical condition. This paragraph shall not
apply to a trustee's deed resulting from a decree of foreclosure or a
nonjudicial foreclosure pursuant to Section 2924 of the Civil Code,
nor to a deed of reconveyance.
NOW, WE HAVE BEEN DISCUSSING THE "PRODUCE THE NOTE" FORECLOSURE DEFENSE FOR SOME TIME NOW AND THE JUDGES RESPONSE TO THAT. NOW WE ARE ARGUING TO "PRODUCE THE NOTARY LOG" AND PROVE THOSE SIGNATURES ARE FROM WHO THEY SAY THEY ARE.
SEEMS THE NEW RESPONSE IS FOR THE BANK TO RESPOND BY SAYING "WE LOST THE NOTARY LOG" (WHICH IS A LETTER WE JUST RECEIVED FROM CAL-WESTERN RECONVEYANCE. WE HAVE HEARD OF "LOST NOTE AFFIDAVITS" NOW WE HAVE "LOST LOG LETTERS." THE FORECLOSURE SCAM CONTINUES THIS TIME WITH A TWIST.
The letter from the Notary said she lost her notary logs and cannot find them. She also stated she was notifying the Secretary of State that her log book was lost (supposedly because they were "moving offices"). What will they try next?
As required by law the Notary advised us that she would be notifying the California Secretary of State who may, but let's be honest, probably won't discipline her or take her license - who knows.
(b) If a sequential journal of official acts performed by a notary
public is stolen, lost, misplaced, destroyed, damaged, or otherwise
rendered unusable as a record of notarial acts and information, the
notary public shall immediately notify the Secretary of State by
certified or registered mail. The notification shall include the
period of the journal entries, the notary public commission number,
and the expiration date of the commission, and when applicable, a
photocopy of any police report that specifies the theft of the
sequential journal of official acts.
The public also has a legal right to request a copy of the log:
(c) Upon written request of any member of the public, which
request shall include the name of the parties, the type of document,
and the month and year in which notarized, the notary shall supply a
photostatic copy of the line item representing the requested
transaction at a cost of not more than thirty cents ($0.30) per page.
The law is clear - it is the NOTARYS BOOK, not the EMPLOYERS.
(d) The journal of notarial acts of a notary public is the
exclusive property of that notary public, and shall not be
surrendered to an employer upon termination of employment, whether or
not the employer paid for the journal, or at any other time.
ANYWAY, WHO SHOULD BE SURPRISED AT ANYTHING ANYMORE ABOUT WHAT THESE GOOFY FINANCIAL INSTITUTIONS ARE WILLING TO DO TO COVER THEIR FRAUD. JUST KEEPING ALL YOU CALIFORNIA AND ARIZONA PROPERTY OWNERS ADVISED AS TO WHAT WE ARE SEEING IN THE TRENCHES OF THIS FRAUDULENT FINANCIAL MELTDOWN.
DONT MISS OUR BLOG RADIO SHOW DISCUSSING THIS TOPIC. http://www.blogtalkradio.com/attorneysteve
If you want to have your options reviewed, fill out our loss mitigation form at http://www.AttorneySteve.net (Sorry, California and Arizona properties only). We are once again taking Wachovia and World Savings Pick-a-Pay and Option Arm loans (negative amortization loans) on a CONTINGENCY FEE BASIS. You can check out our profile on ContingencyCase.com.