Posted on: 09th Dec, 2008 03:26 am
I don't understand this lawyer what do they think going in to court knowing there lying to the court I have everything to prove and some.
Nick Ramirez am the Legal Owner of Address 227 Central Ave Alameda Ca. Parcel ID 074-0468-004-00.I appreciates your immediate attention to this matter.
Please take the time to review my case on the Alameda County Superior Court Domain Web page Case No. RG07353134.
I just receive court documents from Argent CR Title “Notice of Motion and Motion Strike Second Amended Complaint Memorandum of Points and Authorities in Support Thereof, AND Notice of Demurrer and Demurrer to Second Amended Complaint, Memorandum of Points and Authorities in Support Thereof
Court dated March 10, 2009
Time 9.30 am Dept 30
Superior Court in Oakland Ca. Were the Honorable Judge Kenneth Mark Burr point me out and said that known matter how good of a case I have and all of the evidence he would like me to be repented by a lawyer because one error can cost me the case.
Yes I have had Jack Conte from Mortgage Audit Service Pacifica, CA 94044 (605)755-1070
I send all the documents. Neil told me to call him Jack said that I have a real good case. The mortgage mess up big time I give you Jack phone number .If you like to give him a call he can fill you in.
Brief description of my legal issue
About predatory lending. I currently have a civil case pending in Alameda County Superior Court,
I filed the case Pro Per, in October 2007, Please I am in desperate need of some legal representation I do not have a lawyer me and my girlfriend have been doing it on our own filing with the court. You will read about everything that we have come across with the broker and the mortgage company. The broker work for Pinnacle Financial who file bankruptcy and I am the only creditor list for $10,000.Please read there is a few pages and it all true I will be happy to go fax or what ever you need. This is a little mix up but it 1oo%. The department of real let me down so did the district attorney but said in his letter that I can pursue in civil court for wrongdoing by others. If these departments would done a full investigation this would be over almost. I give them everything they needed now with Pinancial going bankruptcy proves that I was right the hold time. They have done so much along with AMC MORTGAGE. . Also included is a letter that was send to the Department of Real Estate Deputy Commissioner Ms. Jenna Boutilier regarding my complaint against Shelly Poe, the Loan Broker with Pinnacle Financial & Real Estate Inc.? Also Mr.Cong Le of Pinnacle Financial, who is Shelly Poe’s boss, insisted to Randall Yip from 7 On Your Side, that he was the broker that helped me with the loan transaction in question. He said that Ms. Poe had nothing to do with the loan transaction at all. Mr. Cong Le is not telling the truth. I have never met or talked to Mr. Cong Le at any point during the loan process, or regarding any other matter. Included my complaint against AMC Argent Mortgage Company the lender that (fail) to provide me their commitment of honesty and good faith. All that has been provide is dishonesty, misrepresentation and filed false information regarding the findings of their own internal investigation regarding my complaint. In this letter is a recap from the start in till this dated? I have been on my own as you can see can not keep doing this with out legal help. Yes we made it though these round one more time no one show up to court. Yes we did. This is what the Court gives us. Today recap January 29, 2008 The Unopposed Motion to Strike Plaintiff Nicolas Ramirez's Complaint, by Defendants CR Title and Argent Mortgage Company's (Defendants) is DENIED as follows. Defendant's request to strike paragraph 18 of Plaintiff's Complaint which includes allegations regarding attorney's fee, is DENIED based on the authority cited .In light of the Court's Defendant's Demurrer to the Second Cause of Action ,the remainder of Defendant's Motion to Strike is MOOT.
The unopposed Demurrer of Defendant CR Title and Argent Mortgage Company's (Defendants) to Plaintiff Nicolas Ramirez (Plaintiff) Complaint is SUSTAINED as follows:
Defendants Demurrer to the First Cause of Action for Declaratory Relief is SUSTAINED WITHOUT LEAVE TO AMEND, to allege if possible a cognizable claim against Defendants.
Defendants Demurrer to the Second Cause of Action for Injunctive Relief is SUSTAINED WITHOUT LEAVE TO AMEND. Korean American Legal Advocacy v. Los Angeles (1994) 23 Cal. App. 4th 376,399.
Plaintiff shall file and serve an amended pleading within 14 days. From the Honorable Judge Kenneth Mark Burr. January 24, 2008 I received court documents from the lawyer of Argent mortgage Co and CR Title Services., Pinnacle Financial. The lawyers file Notice of Non Opposition to Demurrer to Complaint. Ramirez has fails to file and serve an opposition to Defendants notice of demurrer and demurrer to complaint within 9 court days. And I should be allowed to tardily submit to this demurrer without order. These lawyer no that I don't no the law that not fair. But I have managed to come this far without one, but am afraid that if I go to court I will lose simply on technicalities. October 25, 2007 I filed a Temporary Restraining Order and Preliminary Injunction against Citi Residential Lending (formerly Argent), CR Title Services (formerly AMC Mortgage Services), and Pinnacle Financial Real Estate. To enjoin the foreclosure on my property. . On November 1, 2007. The Judge Kenneth Mark Burr denied my TRO. A Motion to Demurrer and a Motion to Strike Complaint were filed by the Attorneys for Defendants CR Title Services and Argent Mortgage Co. This is a letter I send to Ms Jenna Ms. Jenna Boutilier Deputy Commissioner; Department of Real Estate January 21, 2008 1515 Clay Street, Suite 702Oakland, CA 94612-1402 File No: 507-0926-004 Re: Poe, Shelly Pinnacle Financial and Real Estate Inc. Dear Jenna Boutilier, I am writing this letter to you in response to the letter you sent me on Dec. 12, 2007 regarding your investigation to my complaint against Shelly Poe, a Loan Broker with Pinnacle Financial & Real Estate Inc.I thank you for your time, and your support is not only greatly appreciated, it is also crucial to my case. Currently there is more evidence of wrongdoing by the respondent listed below. I have also recently acquired two credible witnesses that are willing to testify on my behalf. The evidence I have proves them guilty of misconduct, fraud, forgery, and identity theft. According to my legal advice, this new information is more than enough to successfully file disciplinary action. : Ms. Shelly Poe, BrokerMr. Cong Le, Broker Pinnacle Financial and Real Estate Inc.Tel: (510)866-3752 Fax: (408)228-6017
Mark Ver. Planck, Lead Internal Research Analyst Danny H. Hernandez, Office of the President AMC Mortgage Services, Inc.Tel: (866)461-0913 Fax: (714)347-5037
Kinkeo Kangnavong, Legal Analyst II, Legal Dept. ACC Capital Holdings Corporation Tel: (714)558-5355
Ms. Shelly Poe misrepresented herself as a Licensed Broker, and conducted this real estate transaction. Operating without a valid Broker License, this is in direct violation of Financial Code Section and is considered fraud. In addition, my income was falsified and forged all loan documents. This is a serious offense, considering that I should have never even qualified for the loan for which I was approved. Shelly Poe also acted as Notary Public on the Grant Deed dated April 17 2006; she was the broker and forged this document with my signature. On July 25, 2007, I received Shelly Poe phone number and address from the Secretary of the State. I requested from her a copy of my thumbprint and signature of the line item representing the transaction on the Grant Deed. Shelly Poe never returned my calls or responded to my request. I repeated this request, via certified letter, which was returned undeliverable August 3, 2007. I also called Ms. Shelly Poe on the same date, only to find her phone was disconnected. I have never received a response to this certified letter sent July 26, 2007. Still, Ms. Poe has failed to provide me with my official thumbprint and signature, which should be in her Notary Public journal. If necessary I will provide your office with copies of my formal request. Witness #1: Galina Marie Plizga - Notary Public, License/ Commission #: 1383345So. San Francisco, CA 94105 601 Gateway Blvd., 6th Floor, Room 670Phone: (650) 989-0008 Ms Galina Marie Plizga is a true Notary Public officer, who was hired by Ms. Poe and served as the official Notary Public on the original loan documents signed at my home on April 11, 2006. I do not dispute the integrity of the document signed during this meeting, including specifically the Deed of Trust. I did not understand why the documents later filed by AMC Argent Mortgage Company, did not appear to be the same documents I signed at my home. Because of my concerns I decided to contact the Notary Public to confirm my suspicions. On Thursday, December 13, 2007, I finally met privately with notary public Ms. Plizga and she gave me two documents with my thumbprint and signatures from her official journal. These signatures did not match the signature on the Deed of Trust actually filed by AMC Mortgage and dated April 11, 2006. This discrepancy proves signatures on the loan documents including the Deed of Trust were forged and all loan documents pertaining to this loan should be considered invalid. After verifying the signatures, I informed Ms. Plizge that the signatures did not match. My name was not only forged, but Ms. Poe acted as notary public notarizing the Grant Deed dated April 17, 2006. Ms. Plizga informed me that is considered a conflict of interest and Shelly Poe can not legally act as Notary on this loan because she is also listed as the Loan Broker. Ms. Plizga was present and is willing to bear witness that Ms. Poe was also at my home on April 11, 2006 and is the person I dealt with regarding this loan. Witness #2: Randall Yip – Channel 7 on Your Side News900 Front St
San Francisco, CA 94111Phone: (415) 954-7524 Fax: (415) 954-7515 In my quest for help on this matter I contacted Randall Yip, a representative of Michael Finney with Channel 7 on Your Side. I faxed an authorization letter to all parties involved, giving them permission to discuss my case including my concerns regarding the integrity of the loan transactions filed by Ms. Shelly Poe and Pinnacle Financial, executed in April 11, 2006. A phone interview was scheduled and took place on September 18, 2007 between Randall Yip from 7 on Your Side and Cong Le, Broker with Pinnacle Financial and Real Estate. Cong Le of Pinnacle Financial, who is Shelly Poe’s boss, insisted to Randall Yip from 7 On Your Side, that he was the broker that helped me with the loan transaction in question. He said that Ms. Poe had nothing to do with the loan transaction at all. Mr. Cong Le is not telling the truth and therefore he has committed fraud. Ramirez, have never met or talked to Mr. Cong Le at any point during the loan process, or regarding any other matter. I have saved copies of my e-mail correspondence with Ms. Shelly Poe, the only ‘Broker’ I was in contact with during the entire loan process. The messages begin February 28, 2006. There were 6 e-mails during March 2006, and 7 e-mails sent in the month of April 2006. I have a total of 32 e-mails that provide evidence that Ms. Shelly Poe and I spoke on a regular basis though out the year 2006. Upon request, I will be happy to provide your office with copies of this correspondence. Randall Yip questioned Mr. Cong Le regarding the Grant Deed signed April 17, 2006. When Mr. Cong Le was initially questioned, he denied any knowledge of the transaction on April 17, 2006. Shelly Poe’s name was listed on Grant Deed as Broker, and ironically she also signed this document as the official Notary Public – Comm. # 1580710. Since he apparently was unaware of Ms. Poe’s wrongdoing, Cong Le requested Randall Yip to fax him a copy of the Grant Deed. The document was not sent, but unfortunately after this point, Mr. Cong Le would no longer take phone calls, or return messages to Randall Yip 7 on Your Side. I never saw Ms. Shelly Poe on April 17, 2006 and I can prove my signature was forged on this document and on the Deed of Trust which they filed as the official document with the Alameda County Records. Randall Yip forwarded copies of these documents to Mr. Jim Blanco, a handwriting analyst who works for the Department of Justice. Mr. Blanco determined that all the loan application signatures on the loan documents were forged with Pinnacle Financial. An official written report of his findings would cost an estimated $1000; unfortunately Channel 7 on Your Side does not have it within their budget to cover these costs to support my case. Please feel free to contact Mr. Randall Yip at Channel 7 to confirm the findings of their investigation.
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In August, 2006 I became delinquent on my house payments, as well as my utilities. Worried about my situation, I called Argent Mortgage to see if they could help - they turned me down because of my poor credit status. To my surprise, Ms. Shelly Poe called me and I updated her on my financial crisis and she offered her assistance in this matter. She informed me that she was going to submit new loan documents to get An Option Arm loan. She told me not to worry, because this was going to reduce my payments in half. Thinking this was the only solution; I accepted her assistance and agreed to the terms of her offer. I finally spoke with Ms. Poe again during the first week in October, 2006. She informed me that we would be signing the new loan documents on October 11, 2006, after the three-day weekend. I told her that my water bill was overdue, and she came to my house, on Friday, October 8, 2006. Ms. Poe gave me $200.00 in cash to pay my water bill. She told me that she would be back on Tuesday to sign the loan documents to get An Option Arm loan. Again, she told me not to worry. On Tuesday, October 11, 2006, she never came by, nor did I receive any phone call. I finally reached her the next day and she informed me that she was not able to obtain the loan she had promised me. She stated that under the terms of this new loan my monthly payments would go from the $3,870 up to $4200.00 monthly. In addition, I would only receive $6,000.00 cash back. I told her that I could not accept that loan, she basically told me that was all she could do. She hung up on me, leaving me in shock. A few days later, she called me and stated that she had a friend with good credit, and that if I signed my house over to her, she could get me the monthly payment I was looking for. Well, I immediately told her that I would not be signing my house over to anyone, and I basically never heard from her again. Argent’s Commitment to Fair Mortgage Lending Practices Printed, November 9, 2006 (fail) to provide me their commitment all that has been provide is dishonesty, misrepresentation and filed false information regarding the findings of their own internal investigation regarding my complaint with AMC Argent Mortgage Company. About there wrongdoing and responsibilities to fulfill truthfulness and honesty, in these 6 (six) pages there are evidence and violations that have been committed. This is fraud. There 6 (six) pages regarding the Broker’s, Argent’s Commitment a higher standard to which we hold ourselves and independent mortgage broker ,for the purpose of ensuring consumers are fairly evaluated informed ,and pay fair costs for receiving mortgage lending services. All the information regarding the findings in this letter is misleading because there has been, identity theft, forgery, fraud though the hold investigation regarding my complaint by. AMC Argent Mortgage Company and ACC Capitol Holdings Company a parent company of, Argent Mortgage About there wrongdoing and responsibilities to fulfill truthfulness and honesty, May 3, 2007 I Ramirez receive a letter from. Mr. Mark VerPlanck of Argent Office of the President. Requesting information response to clam of identity theft. Stating we under stand that identity theft is a very emotional and disconcerting experience. Identity theft victimizes both you and Argent and your cooperation is both appreciated and necessary in order to resolve this issue and this is a very serious matter .Should you elect not to provide Argent with the requested information we will forced to disregard your claim of identity theft. After receiving this letter from Mr. VerPlanck he give me a call said not to worry that he was going to help me and promise to restate the loan and also fix my credit .I Ramirez believe Mr. VerPlanck and provide him with all the information that was request and needed . Mr. VerPlanck could have stopped this serious matter but he was not been honest and truthful. June 28, 2007 I Ramirez receive a letter from Mr. VerPlanck of Argent Office of the President. That they have conducted an exhaustive investigation .After a thorough review of the loan file the documentation provided by you and the information gathered during our investigation, we have not uncovered evidence of any wrongdoing on the part Argent Mortgage Company. We have determined that you were not a victim of identity and that all terms of this transaction were fully disclosed to you in writing at the time of closing. Also in this letter it state that there is many options are available to bring my account current. I never receive the options, Mr. VerPlanck lead Ramirez on with there misleading investigation committed acts involving dishonesty, misrepresentation, they have also filed false information regarding the findings of their own internal investigation regarding the complaint. The following have committed a criminal offense. Mortgage fraud July 31, 2007. Ramirez received a letter from Danny H.Hernandez from Office of the President AMC Mortgage services that has replace Mr. VerPlanck after Ramirez file a complaint of his action involving dishonesty and misrepresentation, also filed false information in his exhaustive investigation.Ms.Hernandez response to the correspondence received in the Office of the President AMC Mortgage services (AMC) on July 19, 2007.Concerning the allegations that the loan documents were forged.Argent completed a thorough investigation and determined that the documents were valid and they did not uncover evidence of any wrongdoing on the part of Argent. Also in Ms.Hernandez letter states that there is possible forbearance plan. I receive a letter on August 2, 2007 that left me five day for my home to go on sale on August 7, 2007. Never received a notice of Default, or a notice of Intent to foreclose. I did send the personal financial statement that was request never got any response back. Ms.Hernandez Lead a misleading investigation filed false information dishonesty, misrepresentation in her own internal investigation. On August 29, 2007 I received, via Fed Ex, from Kinkeo Kangnavon, Legal Analyst II, Legal Department ACC Capital Holdings Corporation, a parent company of Argent Mortgage Company, LLC., a letter responding to the complaint that I filed with the State of California Department of Corporations; File No. 413-0578. After reviewing the letter, I found several statements that are not accurate. I immediately called Ms. Kangnavong to discuss these issues. Below is a recap of our conversation.
First, her letter states that based on the information and supporting documentation provided by your Broker, Argent approved me for a loan for $550,800.00 at an adjustable interest rate of 8.100 %. It then states that I acknowledged and agreed to the same, as evidence by the loan documents I signed at closing on April 11, 2006. Please find enclosed some of the loan documents I signed at closing bearing my signature, including the Reduced Payment Adjustable Rate Note, Deed of Trust, Final Truth-in Lending Disclosure Statement, and Notice of Right to Cancel.
I informed her that I never received an 8.100%. According to the Truth in Lending Disclosure Statement (Final) Dated April 11, 2006, that was included in the package she sent me the rate was 10.660%. Had it been at a rate of 8.1 % it would have saved me approximately $15,000 to $20,000 or more? When asked where she came up with the 8.1 % she responded that she was not sure where that came from and would have to look it up. Second, her letter states that after reviewing the loan documents I provided, which I claim to have the alleged forged signatures, appears to be similar to the signatures on the loan documents that Pinnacle Financial provided to Argent on my behalf. Of course, they are similar. They are the same documents. Additionally, it appears that Pinnacle Financials loan documents contain the same signing date of March 17, 2006. Furthermore, our review confirms that all of Argent’s loan documents that you signed at the closing on April 11, 2006 appear to match the signatures on my identification and social security card I provided.
I asked Ms. Kangnavong to please explain to me how they came to this decision. I asked if she had tried to contact Ms. Shelly Poe, the broker in question, the answer was no. I asked if she tried to contact the Notary Public to obtain a copy of the line item which should include my fingerprint; the answer was no. I asked her if they used a handwriting analyst to see if the signatures were mine and the answer was no.
I then informed her that I had contacted the Notary Association, who gave me Ms.Shelly Poe’s address and phone number, which by law is to be current. I called Ms. Poe and left two messages on her voice mail asking for a copy of the line item, I also sent her the request via Certified Mail. These requests have gone unanswered. I am entitled to this information by law. I feel that by Ms. Shelly Poe not being able to produce the line item with my fingerprint this is further proof that the documents have been forged. I also informed her that I have sent my loan documents to a handwriting analyst, which works for the Department of Justice and am still waiting for his results. I then asked her to look at the signature. I stated that in the Deed of Trust it states that “all signatures must match†I told her that clearly these signatures that are included in the package that she sent me do not match. They are all different. She then stated that I was correct. That the signatures that were dated prior to April 11, 2006 appear to be forged.
I then asked why she did not include that statement in her letter. I asked her that the letter should have included all of her findings, not just the ones that are favorable to Argent. I then requested that she send to me in writing that she admitted that the signatures prior to April 11, 2006 appear to be forged. She stated that she would have to check with her supervisor and would get back to me. I am entitled to have this in writing, and am entitled to a fair investigation.
She then stated that they rely on the Broker to submit the correct information. I informed her that I also relied on the Broker to submit the correct information. I then asked who is liable when the Broker submits fraudulent documents to a lender. That is why the lender has an underwriter who is supposed to check the documents prior to approving the loan. Clearly this was not done.
On Tuesday September 4, 2007 I called her again. She informed me that she spoke to her supervisor and they are unable to amend the letter to state that some of the signatures were forged. She stated that the reason was because they are not handwriting experts and don’t feel comfortable making that determination.
I then asked her, if that was the case, how they came to the finding that the documents were not forged as it states in her August 29, 2007 letter. I then asked to speak with her supervisor. She transferred me to a voice mail. I left a message for her supervisor. Since then, I have left several messages with no return call as of today. How can this matter be resolved if I can’t even get anyone to return my calls, or prepare an honest report of their findings. Since that time, I have obtained copies of the notary’s book as stated above; the signature that I obtained from the notary book is clearly not the same signature which appears on the Deed of Trust. On October 25, 2007 I filed a Temporary Restraining Order and Preliminary Injunction against Citi Residential Lending (formerly Argent), CR Title Services (formerly AMC Mortgage Services), and Pinnacle Financial Real Estate. To enjoin the foreclosure on my property. Attached is a copy of my complaint. On November 1, 2007 the judge denied my TRO. A Motion to Demurrer and a Motion to Strike Complaint were filed by the Attorneys for Defendants CR Title Services and Argent Mortgage Co. I am to appear in Court on January 29, 2008 on these motions. I have been unable to obtain a lawyer to represent me in this matter. I have managed to come this far without one, but am afraid that if I go to court I will lose simply on technicalities.
Department of real estate that we learned that Ms. Shelly Poe did not have proper licenses to perform the real estate transaction as stated above. Please don’t let them get away with this. I have worked to hard and come too far. I have been researching the penalties that apply when a broker does not have proper licenses, . I appreciate your immediate attention to this matter. Thank you
Nick Ramirez
Nick Ramirez am the Legal Owner of Address 227 Central Ave Alameda Ca. Parcel ID 074-0468-004-00.I appreciates your immediate attention to this matter.
Please take the time to review my case on the Alameda County Superior Court Domain Web page Case No. RG07353134.
I just receive court documents from Argent CR Title “Notice of Motion and Motion Strike Second Amended Complaint Memorandum of Points and Authorities in Support Thereof, AND Notice of Demurrer and Demurrer to Second Amended Complaint, Memorandum of Points and Authorities in Support Thereof
Court dated March 10, 2009
Time 9.30 am Dept 30
Superior Court in Oakland Ca. Were the Honorable Judge Kenneth Mark Burr point me out and said that known matter how good of a case I have and all of the evidence he would like me to be repented by a lawyer because one error can cost me the case.
Yes I have had Jack Conte from Mortgage Audit Service Pacifica, CA 94044 (605)755-1070
I send all the documents. Neil told me to call him Jack said that I have a real good case. The mortgage mess up big time I give you Jack phone number .If you like to give him a call he can fill you in.
Brief description of my legal issue
About predatory lending. I currently have a civil case pending in Alameda County Superior Court,
I filed the case Pro Per, in October 2007, Please I am in desperate need of some legal representation I do not have a lawyer me and my girlfriend have been doing it on our own filing with the court. You will read about everything that we have come across with the broker and the mortgage company. The broker work for Pinnacle Financial who file bankruptcy and I am the only creditor list for $10,000.Please read there is a few pages and it all true I will be happy to go fax or what ever you need. This is a little mix up but it 1oo%. The department of real let me down so did the district attorney but said in his letter that I can pursue in civil court for wrongdoing by others. If these departments would done a full investigation this would be over almost. I give them everything they needed now with Pinancial going bankruptcy proves that I was right the hold time. They have done so much along with AMC MORTGAGE. . Also included is a letter that was send to the Department of Real Estate Deputy Commissioner Ms. Jenna Boutilier regarding my complaint against Shelly Poe, the Loan Broker with Pinnacle Financial & Real Estate Inc.? Also Mr.Cong Le of Pinnacle Financial, who is Shelly Poe’s boss, insisted to Randall Yip from 7 On Your Side, that he was the broker that helped me with the loan transaction in question. He said that Ms. Poe had nothing to do with the loan transaction at all. Mr. Cong Le is not telling the truth. I have never met or talked to Mr. Cong Le at any point during the loan process, or regarding any other matter. Included my complaint against AMC Argent Mortgage Company the lender that (fail) to provide me their commitment of honesty and good faith. All that has been provide is dishonesty, misrepresentation and filed false information regarding the findings of their own internal investigation regarding my complaint. In this letter is a recap from the start in till this dated? I have been on my own as you can see can not keep doing this with out legal help. Yes we made it though these round one more time no one show up to court. Yes we did. This is what the Court gives us. Today recap January 29, 2008 The Unopposed Motion to Strike Plaintiff Nicolas Ramirez's Complaint, by Defendants CR Title and Argent Mortgage Company's (Defendants) is DENIED as follows. Defendant's request to strike paragraph 18 of Plaintiff's Complaint which includes allegations regarding attorney's fee, is DENIED based on the authority cited .In light of the Court's Defendant's Demurrer to the Second Cause of Action ,the remainder of Defendant's Motion to Strike is MOOT.
The unopposed Demurrer of Defendant CR Title and Argent Mortgage Company's (Defendants) to Plaintiff Nicolas Ramirez (Plaintiff) Complaint is SUSTAINED as follows:
Defendants Demurrer to the First Cause of Action for Declaratory Relief is SUSTAINED WITHOUT LEAVE TO AMEND, to allege if possible a cognizable claim against Defendants.
Defendants Demurrer to the Second Cause of Action for Injunctive Relief is SUSTAINED WITHOUT LEAVE TO AMEND. Korean American Legal Advocacy v. Los Angeles (1994) 23 Cal. App. 4th 376,399.
Plaintiff shall file and serve an amended pleading within 14 days. From the Honorable Judge Kenneth Mark Burr. January 24, 2008 I received court documents from the lawyer of Argent mortgage Co and CR Title Services., Pinnacle Financial. The lawyers file Notice of Non Opposition to Demurrer to Complaint. Ramirez has fails to file and serve an opposition to Defendants notice of demurrer and demurrer to complaint within 9 court days. And I should be allowed to tardily submit to this demurrer without order. These lawyer no that I don't no the law that not fair. But I have managed to come this far without one, but am afraid that if I go to court I will lose simply on technicalities. October 25, 2007 I filed a Temporary Restraining Order and Preliminary Injunction against Citi Residential Lending (formerly Argent), CR Title Services (formerly AMC Mortgage Services), and Pinnacle Financial Real Estate. To enjoin the foreclosure on my property. . On November 1, 2007. The Judge Kenneth Mark Burr denied my TRO. A Motion to Demurrer and a Motion to Strike Complaint were filed by the Attorneys for Defendants CR Title Services and Argent Mortgage Co. This is a letter I send to Ms Jenna Ms. Jenna Boutilier Deputy Commissioner; Department of Real Estate January 21, 2008 1515 Clay Street, Suite 702Oakland, CA 94612-1402 File No: 507-0926-004 Re: Poe, Shelly Pinnacle Financial and Real Estate Inc. Dear Jenna Boutilier, I am writing this letter to you in response to the letter you sent me on Dec. 12, 2007 regarding your investigation to my complaint against Shelly Poe, a Loan Broker with Pinnacle Financial & Real Estate Inc.I thank you for your time, and your support is not only greatly appreciated, it is also crucial to my case. Currently there is more evidence of wrongdoing by the respondent listed below. I have also recently acquired two credible witnesses that are willing to testify on my behalf. The evidence I have proves them guilty of misconduct, fraud, forgery, and identity theft. According to my legal advice, this new information is more than enough to successfully file disciplinary action. : Ms. Shelly Poe, BrokerMr. Cong Le, Broker Pinnacle Financial and Real Estate Inc.Tel: (510)866-3752 Fax: (408)228-6017
Mark Ver. Planck, Lead Internal Research Analyst Danny H. Hernandez, Office of the President AMC Mortgage Services, Inc.Tel: (866)461-0913 Fax: (714)347-5037
Kinkeo Kangnavong, Legal Analyst II, Legal Dept. ACC Capital Holdings Corporation Tel: (714)558-5355
Ms. Shelly Poe misrepresented herself as a Licensed Broker, and conducted this real estate transaction. Operating without a valid Broker License, this is in direct violation of Financial Code Section and is considered fraud. In addition, my income was falsified and forged all loan documents. This is a serious offense, considering that I should have never even qualified for the loan for which I was approved. Shelly Poe also acted as Notary Public on the Grant Deed dated April 17 2006; she was the broker and forged this document with my signature. On July 25, 2007, I received Shelly Poe phone number and address from the Secretary of the State. I requested from her a copy of my thumbprint and signature of the line item representing the transaction on the Grant Deed. Shelly Poe never returned my calls or responded to my request. I repeated this request, via certified letter, which was returned undeliverable August 3, 2007. I also called Ms. Shelly Poe on the same date, only to find her phone was disconnected. I have never received a response to this certified letter sent July 26, 2007. Still, Ms. Poe has failed to provide me with my official thumbprint and signature, which should be in her Notary Public journal. If necessary I will provide your office with copies of my formal request. Witness #1: Galina Marie Plizga - Notary Public, License/ Commission #: 1383345So. San Francisco, CA 94105 601 Gateway Blvd., 6th Floor, Room 670Phone: (650) 989-0008 Ms Galina Marie Plizga is a true Notary Public officer, who was hired by Ms. Poe and served as the official Notary Public on the original loan documents signed at my home on April 11, 2006. I do not dispute the integrity of the document signed during this meeting, including specifically the Deed of Trust. I did not understand why the documents later filed by AMC Argent Mortgage Company, did not appear to be the same documents I signed at my home. Because of my concerns I decided to contact the Notary Public to confirm my suspicions. On Thursday, December 13, 2007, I finally met privately with notary public Ms. Plizga and she gave me two documents with my thumbprint and signatures from her official journal. These signatures did not match the signature on the Deed of Trust actually filed by AMC Mortgage and dated April 11, 2006. This discrepancy proves signatures on the loan documents including the Deed of Trust were forged and all loan documents pertaining to this loan should be considered invalid. After verifying the signatures, I informed Ms. Plizge that the signatures did not match. My name was not only forged, but Ms. Poe acted as notary public notarizing the Grant Deed dated April 17, 2006. Ms. Plizga informed me that is considered a conflict of interest and Shelly Poe can not legally act as Notary on this loan because she is also listed as the Loan Broker. Ms. Plizga was present and is willing to bear witness that Ms. Poe was also at my home on April 11, 2006 and is the person I dealt with regarding this loan. Witness #2: Randall Yip – Channel 7 on Your Side News900 Front St
San Francisco, CA 94111Phone: (415) 954-7524 Fax: (415) 954-7515 In my quest for help on this matter I contacted Randall Yip, a representative of Michael Finney with Channel 7 on Your Side. I faxed an authorization letter to all parties involved, giving them permission to discuss my case including my concerns regarding the integrity of the loan transactions filed by Ms. Shelly Poe and Pinnacle Financial, executed in April 11, 2006. A phone interview was scheduled and took place on September 18, 2007 between Randall Yip from 7 on Your Side and Cong Le, Broker with Pinnacle Financial and Real Estate. Cong Le of Pinnacle Financial, who is Shelly Poe’s boss, insisted to Randall Yip from 7 On Your Side, that he was the broker that helped me with the loan transaction in question. He said that Ms. Poe had nothing to do with the loan transaction at all. Mr. Cong Le is not telling the truth and therefore he has committed fraud. Ramirez, have never met or talked to Mr. Cong Le at any point during the loan process, or regarding any other matter. I have saved copies of my e-mail correspondence with Ms. Shelly Poe, the only ‘Broker’ I was in contact with during the entire loan process. The messages begin February 28, 2006. There were 6 e-mails during March 2006, and 7 e-mails sent in the month of April 2006. I have a total of 32 e-mails that provide evidence that Ms. Shelly Poe and I spoke on a regular basis though out the year 2006. Upon request, I will be happy to provide your office with copies of this correspondence. Randall Yip questioned Mr. Cong Le regarding the Grant Deed signed April 17, 2006. When Mr. Cong Le was initially questioned, he denied any knowledge of the transaction on April 17, 2006. Shelly Poe’s name was listed on Grant Deed as Broker, and ironically she also signed this document as the official Notary Public – Comm. # 1580710. Since he apparently was unaware of Ms. Poe’s wrongdoing, Cong Le requested Randall Yip to fax him a copy of the Grant Deed. The document was not sent, but unfortunately after this point, Mr. Cong Le would no longer take phone calls, or return messages to Randall Yip 7 on Your Side. I never saw Ms. Shelly Poe on April 17, 2006 and I can prove my signature was forged on this document and on the Deed of Trust which they filed as the official document with the Alameda County Records. Randall Yip forwarded copies of these documents to Mr. Jim Blanco, a handwriting analyst who works for the Department of Justice. Mr. Blanco determined that all the loan application signatures on the loan documents were forged with Pinnacle Financial. An official written report of his findings would cost an estimated $1000; unfortunately Channel 7 on Your Side does not have it within their budget to cover these costs to support my case. Please feel free to contact Mr. Randall Yip at Channel 7 to confirm the findings of their investigation.
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In August, 2006 I became delinquent on my house payments, as well as my utilities. Worried about my situation, I called Argent Mortgage to see if they could help - they turned me down because of my poor credit status. To my surprise, Ms. Shelly Poe called me and I updated her on my financial crisis and she offered her assistance in this matter. She informed me that she was going to submit new loan documents to get An Option Arm loan. She told me not to worry, because this was going to reduce my payments in half. Thinking this was the only solution; I accepted her assistance and agreed to the terms of her offer. I finally spoke with Ms. Poe again during the first week in October, 2006. She informed me that we would be signing the new loan documents on October 11, 2006, after the three-day weekend. I told her that my water bill was overdue, and she came to my house, on Friday, October 8, 2006. Ms. Poe gave me $200.00 in cash to pay my water bill. She told me that she would be back on Tuesday to sign the loan documents to get An Option Arm loan. Again, she told me not to worry. On Tuesday, October 11, 2006, she never came by, nor did I receive any phone call. I finally reached her the next day and she informed me that she was not able to obtain the loan she had promised me. She stated that under the terms of this new loan my monthly payments would go from the $3,870 up to $4200.00 monthly. In addition, I would only receive $6,000.00 cash back. I told her that I could not accept that loan, she basically told me that was all she could do. She hung up on me, leaving me in shock. A few days later, she called me and stated that she had a friend with good credit, and that if I signed my house over to her, she could get me the monthly payment I was looking for. Well, I immediately told her that I would not be signing my house over to anyone, and I basically never heard from her again. Argent’s Commitment to Fair Mortgage Lending Practices Printed, November 9, 2006 (fail) to provide me their commitment all that has been provide is dishonesty, misrepresentation and filed false information regarding the findings of their own internal investigation regarding my complaint with AMC Argent Mortgage Company. About there wrongdoing and responsibilities to fulfill truthfulness and honesty, in these 6 (six) pages there are evidence and violations that have been committed. This is fraud. There 6 (six) pages regarding the Broker’s, Argent’s Commitment a higher standard to which we hold ourselves and independent mortgage broker ,for the purpose of ensuring consumers are fairly evaluated informed ,and pay fair costs for receiving mortgage lending services. All the information regarding the findings in this letter is misleading because there has been, identity theft, forgery, fraud though the hold investigation regarding my complaint by. AMC Argent Mortgage Company and ACC Capitol Holdings Company a parent company of, Argent Mortgage About there wrongdoing and responsibilities to fulfill truthfulness and honesty, May 3, 2007 I Ramirez receive a letter from. Mr. Mark VerPlanck of Argent Office of the President. Requesting information response to clam of identity theft. Stating we under stand that identity theft is a very emotional and disconcerting experience. Identity theft victimizes both you and Argent and your cooperation is both appreciated and necessary in order to resolve this issue and this is a very serious matter .Should you elect not to provide Argent with the requested information we will forced to disregard your claim of identity theft. After receiving this letter from Mr. VerPlanck he give me a call said not to worry that he was going to help me and promise to restate the loan and also fix my credit .I Ramirez believe Mr. VerPlanck and provide him with all the information that was request and needed . Mr. VerPlanck could have stopped this serious matter but he was not been honest and truthful. June 28, 2007 I Ramirez receive a letter from Mr. VerPlanck of Argent Office of the President. That they have conducted an exhaustive investigation .After a thorough review of the loan file the documentation provided by you and the information gathered during our investigation, we have not uncovered evidence of any wrongdoing on the part Argent Mortgage Company. We have determined that you were not a victim of identity and that all terms of this transaction were fully disclosed to you in writing at the time of closing. Also in this letter it state that there is many options are available to bring my account current. I never receive the options, Mr. VerPlanck lead Ramirez on with there misleading investigation committed acts involving dishonesty, misrepresentation, they have also filed false information regarding the findings of their own internal investigation regarding the complaint. The following have committed a criminal offense. Mortgage fraud July 31, 2007. Ramirez received a letter from Danny H.Hernandez from Office of the President AMC Mortgage services that has replace Mr. VerPlanck after Ramirez file a complaint of his action involving dishonesty and misrepresentation, also filed false information in his exhaustive investigation.Ms.Hernandez response to the correspondence received in the Office of the President AMC Mortgage services (AMC) on July 19, 2007.Concerning the allegations that the loan documents were forged.Argent completed a thorough investigation and determined that the documents were valid and they did not uncover evidence of any wrongdoing on the part of Argent. Also in Ms.Hernandez letter states that there is possible forbearance plan. I receive a letter on August 2, 2007 that left me five day for my home to go on sale on August 7, 2007. Never received a notice of Default, or a notice of Intent to foreclose. I did send the personal financial statement that was request never got any response back. Ms.Hernandez Lead a misleading investigation filed false information dishonesty, misrepresentation in her own internal investigation. On August 29, 2007 I received, via Fed Ex, from Kinkeo Kangnavon, Legal Analyst II, Legal Department ACC Capital Holdings Corporation, a parent company of Argent Mortgage Company, LLC., a letter responding to the complaint that I filed with the State of California Department of Corporations; File No. 413-0578. After reviewing the letter, I found several statements that are not accurate. I immediately called Ms. Kangnavong to discuss these issues. Below is a recap of our conversation.
First, her letter states that based on the information and supporting documentation provided by your Broker, Argent approved me for a loan for $550,800.00 at an adjustable interest rate of 8.100 %. It then states that I acknowledged and agreed to the same, as evidence by the loan documents I signed at closing on April 11, 2006. Please find enclosed some of the loan documents I signed at closing bearing my signature, including the Reduced Payment Adjustable Rate Note, Deed of Trust, Final Truth-in Lending Disclosure Statement, and Notice of Right to Cancel.
I informed her that I never received an 8.100%. According to the Truth in Lending Disclosure Statement (Final) Dated April 11, 2006, that was included in the package she sent me the rate was 10.660%. Had it been at a rate of 8.1 % it would have saved me approximately $15,000 to $20,000 or more? When asked where she came up with the 8.1 % she responded that she was not sure where that came from and would have to look it up. Second, her letter states that after reviewing the loan documents I provided, which I claim to have the alleged forged signatures, appears to be similar to the signatures on the loan documents that Pinnacle Financial provided to Argent on my behalf. Of course, they are similar. They are the same documents. Additionally, it appears that Pinnacle Financials loan documents contain the same signing date of March 17, 2006. Furthermore, our review confirms that all of Argent’s loan documents that you signed at the closing on April 11, 2006 appear to match the signatures on my identification and social security card I provided.
I asked Ms. Kangnavong to please explain to me how they came to this decision. I asked if she had tried to contact Ms. Shelly Poe, the broker in question, the answer was no. I asked if she tried to contact the Notary Public to obtain a copy of the line item which should include my fingerprint; the answer was no. I asked her if they used a handwriting analyst to see if the signatures were mine and the answer was no.
I then informed her that I had contacted the Notary Association, who gave me Ms.Shelly Poe’s address and phone number, which by law is to be current. I called Ms. Poe and left two messages on her voice mail asking for a copy of the line item, I also sent her the request via Certified Mail. These requests have gone unanswered. I am entitled to this information by law. I feel that by Ms. Shelly Poe not being able to produce the line item with my fingerprint this is further proof that the documents have been forged. I also informed her that I have sent my loan documents to a handwriting analyst, which works for the Department of Justice and am still waiting for his results. I then asked her to look at the signature. I stated that in the Deed of Trust it states that “all signatures must match†I told her that clearly these signatures that are included in the package that she sent me do not match. They are all different. She then stated that I was correct. That the signatures that were dated prior to April 11, 2006 appear to be forged.
I then asked why she did not include that statement in her letter. I asked her that the letter should have included all of her findings, not just the ones that are favorable to Argent. I then requested that she send to me in writing that she admitted that the signatures prior to April 11, 2006 appear to be forged. She stated that she would have to check with her supervisor and would get back to me. I am entitled to have this in writing, and am entitled to a fair investigation.
She then stated that they rely on the Broker to submit the correct information. I informed her that I also relied on the Broker to submit the correct information. I then asked who is liable when the Broker submits fraudulent documents to a lender. That is why the lender has an underwriter who is supposed to check the documents prior to approving the loan. Clearly this was not done.
On Tuesday September 4, 2007 I called her again. She informed me that she spoke to her supervisor and they are unable to amend the letter to state that some of the signatures were forged. She stated that the reason was because they are not handwriting experts and don’t feel comfortable making that determination.
I then asked her, if that was the case, how they came to the finding that the documents were not forged as it states in her August 29, 2007 letter. I then asked to speak with her supervisor. She transferred me to a voice mail. I left a message for her supervisor. Since then, I have left several messages with no return call as of today. How can this matter be resolved if I can’t even get anyone to return my calls, or prepare an honest report of their findings. Since that time, I have obtained copies of the notary’s book as stated above; the signature that I obtained from the notary book is clearly not the same signature which appears on the Deed of Trust. On October 25, 2007 I filed a Temporary Restraining Order and Preliminary Injunction against Citi Residential Lending (formerly Argent), CR Title Services (formerly AMC Mortgage Services), and Pinnacle Financial Real Estate. To enjoin the foreclosure on my property. Attached is a copy of my complaint. On November 1, 2007 the judge denied my TRO. A Motion to Demurrer and a Motion to Strike Complaint were filed by the Attorneys for Defendants CR Title Services and Argent Mortgage Co. I am to appear in Court on January 29, 2008 on these motions. I have been unable to obtain a lawyer to represent me in this matter. I have managed to come this far without one, but am afraid that if I go to court I will lose simply on technicalities.
Department of real estate that we learned that Ms. Shelly Poe did not have proper licenses to perform the real estate transaction as stated above. Please don’t let them get away with this. I have worked to hard and come too far. I have been researching the penalties that apply when a broker does not have proper licenses, . I appreciate your immediate attention to this matter. Thank you
Nick Ramirez
Hi nick_ramirez,
As far as I can understand from your post, Ms. Shelly Poe has misinformed you that she is a licensed broker. And thus a mortgage fraud has taken place and you have been victimized for that. If your present lawyers are not helping you properly, I think you should consult some other mortgage fraud experts and take their opinion on your case. This will help you to judge your position.
You can also check out the following thread where you have posted your question earlier and a number of community members have answered:
http://www.mortgagefit.com/know-how/loan-fraud.html#30106
I think you should have a look as to what they have to say. I think it will help you.
Thanks,
Jerry
As far as I can understand from your post, Ms. Shelly Poe has misinformed you that she is a licensed broker. And thus a mortgage fraud has taken place and you have been victimized for that. If your present lawyers are not helping you properly, I think you should consult some other mortgage fraud experts and take their opinion on your case. This will help you to judge your position.
You can also check out the following thread where you have posted your question earlier and a number of community members have answered:
http://www.mortgagefit.com/know-how/loan-fraud.html#30106
I think you should have a look as to what they have to say. I think it will help you.
Thanks,
Jerry
I've had something very, very similar, please contact me, maybe we can help each other. I also have been representing myslef and winning in court for last 1 1/2 years . . . by the grace of God. I can be reached at "voiceforjustice@att.net"
[Email address deactivated as per forum rules]
[Email address deactivated as per forum rules]
I am sorry to hear that you have been a victim of mortgage fraud. I was also a victim and Jack Conte was the one who victimized me along with hundreds of other people. These scam artists all work together. I'm happy to finally have them exposed for what they really are.