Separation of Note and Deed of Trust

From: Charles Cox [mailto:charles@bayliving.com]
Sent: Wednesday, August 15, 2012 7:06 AM
To: Charles Cox
Subject: Separation of Note and Deed of Trust

From Attorney Dan Hanecak,

Today I was told by Judge Brown of the Sacramento County Superior Court that Civil Code 2936 does not apply to deeds of trust because the statute states mortgage. I was also told that Carpenter v. Longan did not apply to the statutory framework of Section 2924 and the nonjudicial foreclosure scheme. I pleaded that the security instrument follows the note and is unenforceable if it is separated to no avail.

I do like Judge Brown, so this is by no means an attack on him, but it took me only 10 minutes of research to prove that I was right.

Friggin newbies.

See attached research.

Regards,

Dan

Separation of note and DOT.doc

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Author: timothymccandless

I have spent most of my professional life helping people who were being taken advantage of by systems they did not fully understand. As an attorney, I represented consumers against predatory lending practices and worked in elder law protecting seniors from fraud. My family lost $239,145 to identity theft, which became the foundation for my seniorgard.onlime and deepened my commitment to financial education. Since 2008, I have maintained a blog at timothymccandless.wordpress.com providing free financial education. Not behind a paywall. Free, because financial literacy should not cost money. I trade with real money using the exact strategy described in this book. My current positions: Pfizer at $16,480 deployed generating $77,900 per year net. Verizon at $29,260 deployed generating $51,000 per year net. Combined: 293% annualized pace. These are my only active positions. Not cherry-picked.

4 thoughts on “Separation of Note and Deed of Trust”

  2. So what!? If youre ruled against then what does the truth matter? The real question is have you started an appeal or will you roll over?

    Reply

  3. Well if the two do not go together then would it not be fraud for selling me a mortgage note that is not a mortgage………and for misleading a person into thinking they are paying for a mortgage?????

    Reply

    1. I have a similar situation. A man sold me a home with owner financing did not provide a deed of trust which is required in this state, did not record the mortgage, and I just found out he has a Fannie mae which is not assumable on the property. And get this, which I said no more funds til I have the proper paper work he threw me out by illegal eviction, he took it into his own hands while i was at work. My clothing were thrown by the roadway. He stole my belongings, and changes the locks. I have a home with 25k down and mortgage payments of

      Reply

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