The bank told the Hernandez family that the eviction at Ft. Hernandez by Sheriff was set for today December 24th, 2012. Yes, potential eviction is happening on Christmas Eve. People at Fort Hernandez would like legal observes, regular observers to witness. Although it isn't our official action, our members want to stand in solidarity with Fort Hernandez, located at 14620 Leadwell St. Van Nuys, CA 91405.
UPDATE: They're having Posadas @ FuerzaHernandez on Dec. 24 at 10AM ~ Dec.25 at 3AM PST
The following communication is from Fort Hernandez Facebook page:
Peace go with you brothers and sisters,
Today we received news that the sheriffs are coming to forcibly evict us from our home of seven years on Monday December 24, Christmas Eve, at 7 in the morning. This despite the fact that we have had our chapter 13 repayment plan approved by the bankruptcy trustee, and even made our first payment, men with guns are still coming to throw our family out. The sheriffs will not do this on their own volition, the Bank of New York Mellon, an investment bank that bought our loan from Bank of America, who themselves acquired it from Countrywide financial is ordering them to act as soon as possible, in order to do what they agreed to BOA they would do, hide the fraud BOA, as the owner of Countrywide is responsible for. (A summary of an audit of the loan is posted below.)
We were tricked into foreclosure by BOA, who told us that our loan modification would be given priority, if we were to fall into default. Desperate to keep our small piece of the American dream, as we could not sustain the newly increased monthly payments, we followed the banks advice. When we missed the first payment, BOA began the foreclosure process, and would no longer accept any payments from us, all the while pretending to work with us to modify our loan. Over 5 years, and 4 denied loan mods, they told us in no uncertain terms that, no matter what, they intended to take our family home. This is the terror our family has survived for 5 years.
119 days ago, on the last day of our 5 day notice of eviction, we invited our friends and family to help us construct a barricade around our property, as a symbolic defense against the armed men the bank was sending to enforce the theft of our house. We did this not only to defend our home, and our family, but to inspire you to defend your home, your family, and your basic human right to housing.
Article 25 of the United Nations Declaration of Human Rights, co written, and signed by the U.S. in on December 10, 1947 includes the human right to housing. This does not mean everyone gets a free house, this means that the government must use all means within it's power to defend, among other things, the people's right of security of tenure, to not be evicted from their home because of the inability to pay, or the greed, and legal trickery of others. Our current government has not only failed to do this, but has facilitated, through their refusal to prosecute the people and corporations, who through their avarice have destroyed the economic advancement of an entire generation, and through the capitulation to the banks blatant fraud of the court system.
Therefore it has fallen on we, the people, become enforcers of our own human rights. This action is not, nor has it ever been about saving our house, it has been about saving the all the homes that are targeted for fraudulent foreclosure, about saving all the families that are slated to be devastated. Make no mistake, forced eviction is not only an attack on a families housing, but a blatant and violent attack on the family structure, one carried out by the very people authorities we pay to protect us. For us, there was no choice but to fight back, and we will continue to do so. We are peaceful, therefore when the men with guns come to drag us out of our home, on Christmas Eve, we will practice passive resistance, which will potentially put us, and our supporters in physical danger from a police and sheriff department with a history of treating those they are sworn to protect with violence and disdain.
We thank you all for the flood of love and support you have given us, and invite any of you who may be able to help, or would like to stand with us in solidarity, please contact us at
firstname.lastname@example.org or call us at 424-224-1712
Here is what our audit has found:
1) Deed of Trust was improperly notarized
Notarized on a different day than signed
We are investigating whether the notary was in truth a certified active notary in 2006
2) Notice of Default is defective
Signer of the NOD was NOT an employee of Recontrust as he signed this document, but an employee of BofA Home Loans since 2008
According to bank's own recorded documents, bank failed to contact the homeowner to explore options to avoid foreclosure prior to the NOD — under CA Civil Code 2923.5 contact must be made or due diligence fulfilled at least 30 days BEFORE any NOD
Failure to do so renders the NOD and NTS ILLEGAL AND INVALID
3) Substitution of Trustee and Assignment of Deed of Trust is defective
Signed by a KNOWN ROBOSIGNER, employed by Countrywide NOT MERS, as claimed.
Improperly notarized by a KNOWN ROBOSIGNER
Signed on a DIFFERENT DAY than notarized in violation of notary rules
Possibly forged — we have examples of varying signatures
Any apparent sale based on Robosigned documents is VOID — if the assignment of the Deed of Trust is robosigned, the sale is VOID.
Once these documents make it into court, the bank officers and lawyers become guilty of felonies
4) NO Affadavit of Mailing of Substitution of Trustee, as required by Cal Civil Code 2924(c)
5) Additional Assignment of Deed of Trust problems:
Transfers this Deed of Trust on June 14, 2010 into a security instrument that CLOSED on March 17, 2006, in breach of the representations and warranties of its Pooling and Servicing Agreement
The Pooling and Servicing Agreement forbids conveying any loan if it is 30 or more days delinquent — the NOD was issued almost 2 years before the Assignment
This trust — CWABS Inc Asset-backed certificate series 2006-4 — is material evidence in a suit by the FHFA against Countrywide, BofA, Citigroup, and others alleging among many other things that "Government investigations have confirmed Countrywide routinely failed to adhere to its underwriting guidelines, knew their representations were false, abused its documentation programs and falsified loan applications."
The assignment violates several other requirements of Article II Conveyance of Mortgage Loans Representations and Warranties of its PSA
The underwriters of this trust are JPMorgan Securities and Lehman Brothers — I am sure they would be interested to know this trust is in breach of the reps and warrantees.
6) Trustees Deed Upon Sale is a "put back" — a repurchase of loans that were originally made in breach of representations and warranties
Trust is the same one being used as material evidence for fraud in FHFA suit.
According to Article VII of the trust's PSA, certificateholders are prohibited from pursuing put-backs UNLESS: the holders of not less than 25% in principal amount of the securities make a written request to the trustee to pursue the remedy. Where is evidence of this written request?
The party bringing the sale lacks standing to bring the sale. Breaches in the PSA provide evidence that the loan was not properly transferred to the securitized trust — a transfer not in compliance with a trust's documents is VOID as a matter of law.<