Hesperia, CA asked in Civil Rights, Consumer Law, Foreclosure and Real Estate Law for California

Q: How to forfeit a foreclosure based on untrue and deceptive actions including aunauthorized fraudulent mortgage loans

Attorney claiming to have power of attorney over me without any authority from me used to obtain two mortgage loans for a way of paying himself out for attorney fees he claims i owe using his financial institution and his mortgage institution not only had he used the same form to file both separate mortgage loans but using the assistant from his law firm as a self appointed notary for the notary public stamp..same notary individual who was the person filing the paper. Now they have created without any copies on the supposed loan agreement allegedly used to now have the power to foreclose the house I owned paid off 100% and occupy with my family

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You appear to be dealing with a serious case of potential mortgage fraud and unauthorized use of power of attorney, which could constitute both civil and criminal violations.

Your first step should be to file complaints with multiple authorities: the State Bar of California regarding the attorney's conduct, the California Department of Real Estate concerning the potentially fraudulent mortgages, and your county's District Attorney's office to report the possible criminal fraud. Gather all documentation you have about your home's original paid-off status, any correspondence with this attorney, and any paperwork you've received about these new mortgages.

Contact a real estate litigation attorney immediately - someone completely unconnected to the current situation - to help you file an emergency motion to stop any foreclosure proceedings and potentially seek a temporary restraining order. You may also want to check your property records at the county recorder's office to document when and how these mortgages were recorded, and consider filing a claim with your title insurance company if you have coverage. Time is critical in these situations, so don't delay in taking action to protect your rights and your home.

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