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January 25, 2010January 25, 2010January 25, 2010January 25, 2010 Vol.1, Ed. 1 Vol.1, Ed. 1 Vol.1, Ed. 1 Vol.1, Ed. 1

Newsletter

New Century SubPrime TIMES

By Carra

(this newsletter is for all New Century and Home123 victims)

It is very important for you to each obtain your recorded documents related to

your property. Get certified copies of them.

Almost all the notarizations on the New Century or Home123 loan assignments

were done by California notaries. I have researched over 30 recorded

assignments in both California and Florida, in particular focusing on one

Stephen L. Nagy, VP of Records Management.

First of all, if an assignment is forged, it is invalid.

As you can see from these examples Stephen L. Nagy either had a ‘stamped’

signature or a ‘squiggle signature’. Which one is really his? Who knows. The

answer may be neither. Now, if your recorded document has a stamp, please

read below (#2) as to what is legal for a California notary –

So, if you are a Floridian or live in any other state other than California, you

should check with an attorney or with your Secretary of State about the

illegality of a ‘stamped’ signature. One would think since it is illegal for a

notary in California to notarize a stamped signature, that it would invalidate

the assignment, no matter what state it was recorded in. Another area to focus

on is the ‘witnesses’. I believe for a Florida recording you need two witnesses

and the notary.

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It may be the case that if you are facing foreclosure and there is an invalid

stamped or a forged signature, it may be enough to stop the foreclosure dead in

its tracks. If you have already been foreclosed on you may have a case to

overturn the foreclosure. Consult an attorney.

The other caveat is that New Century and Home123 are still in their Chapter 11

bankruptcy up in Delaware!! AND…if you check in your state, they more than

likely have had all their authority stopped to continue to do any business in

your state. In California, the Corporations Commissioner has stopped them

from conducting any further business in this state.

Check the date of the signature of your assignment. If it was done after

4/2/2007 (when New Century/Home123 declared bankruptcy) and it was not

approved by their bankruptcy trustee or Judge Carey in Delaware, then

Stephen L. Nagy, the VP of New Century or the VP of Home123 WAS NOT

allowed to sign anything! You’d have to work with the bankruptcy court in

Delaware to determine that.

Read below for steps you can take.

California Notary:

1. LIST OF ACCEPTABLE ID FOR NOTARIZATION:

a. ID card or Driver's License issued by the California DMV,

b. United States Passport,

c. Other CA-approved ID cards that must contain a photograph,

description of the person, a signature of the person and an identifying number.

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(1). Foreign passport that is stamped by the US Immigration

and Naturalization Service or the U.S. Citizenship and Immigration Services;

(2). Driver's license issued by another state, Canadian or

Mexican public agency authorized to issue driver's licenses;

(3). ID card issued by another state;

(4).US Military ID card that meets requirements listed in 1.c. above;

(5). An inmate card issued by the CA Dept. of Corrections, if the inmate is in custody;

(6). *An employee ID card issued by an agency or office of the state of California, or by an

agency or office of a city, county, or city and county in the state of California.

2. Signatures to be notarized must be original signatures. Documents that

have faxed or stamped signatures can not be notarized by a State of

California Notary Public.

3. California law allows signature by mark and makes provision for those who have misplaced

their IDs.

4. California Notary Publics are not lawyers and are prohibited from giving legal advice.

NAMES OF MOST NOTARIES

Here is list of many of the New Century or Home123 notaries

which they used, and they are all California notaries:

Andres Rojas

Erika Reyes

Marisa G. Carrasco

Azin Rahmanpanah

Michelle Flores

Victor Perez

NOTE: every California notary has to take a thumbprint of anyone notarizing a

property related document, such as an assignment. This thumbprint is kept in the

notarial journal.

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When the notary is no longer a notary, he/she must turn in the journal to the Orange

County Recorder (the notaries listed above were all certified in Orange County, CA.)

You are entitled by law, once you pay a small fee, to a copy of the

notarial journal entry, including the thumbprint, for the notarization

related to your property.

STEPS YOU CAN TAKE

1. get certified copies of all property recordings

2. examine and re-examine (do the dates make sense, are there any forgeries, docs out of

sequence with dates, any backdating)

3. consult an attorney if you are facing foreclosure or even if you are not

4. file a complaint (a form) with your local county district attorney (Stephen L. Nagy

signature is a forgery or is a stamp). Say why…such as cite the California notary laws.

5. the reason to file with the DA is forgery is a felony & notarial misconduct is also criminal.

The DA should investigate this. If you are pro se and are fighting in court, it is good to let

the judge know that you have filed a complaint with the DA. You can also use the certified

copies of the forged/stamped recordings in your case. Keep up the talk about it being

criminal acts to steal your property.

6. file similar with FBI and ask them to investigate as this is widespread across the USA and

impacts thousands of American homeowners. Regional addresses for FBI are on the

internet.

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7. ONLY DO THIS IF your assignment was done after April 2, 2007: Write to Judge Carey

up in New Century and Home123 bankruptcy court. Here is their case number 07-010416

KJC Jointly Administered. Tell him it is the duty of the bankruptcy trustee to work with

the justice department to investigate criminal acts and you believe the forgery or stamped

signature is criminal. Here is address: Judge Kevin Carey 824 North Market Street

Wilmington, Delaware 19801. You can also ask him if he or the trustee approved for

Stephen L. Nagy to sign your assignment to another entity if the date of the assignment was

done after April 2, 2007, which is the date of their bankruptcy. You might also check

bankruptcy laws as anything transferred or assigned just prior to their bankruptcy

declaration may be invalid & illegal as well.

8. Write a letter to the California Secretary of State with your concerns and also send her

copies of your certified recorded documents. Tell her that she should work with California

State Attorney General Jerry Brown to resolve this widespread criminal activity (forgeries

etc. & property theft or attempted property theft) that is spanning the USA but perpetrated

by California Notaries & New Century and Home123. She is in charge of all the California

notaries. Debra Bowen California Secretary of State 1500 11th Street Sacramento,

California 95814 (916) 653-6814 http://www.sos.ca.gov/

9. If you are doing discovery as a pro se or your attorney is doing discovery, you can request

‘exemplar’ signatures for Stephen L. Nagy, VP of Records Management at New Century

and Home123. He was employed there:

Original Hire Date = 08/18/1997 Last Day Worked = 12/28/2007

10. Here is the address for the Orange County Recorder’s office to obtain copies of the notarial

journal with thumbprints:

Tom Daly, Recorder

Hall of Records and Finance

Address:

12 Civic Center Plaza, Room 101 and Room 106 Santa Ana, CA 92701

(714) 834-2500

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OTHER THINGS YOU CAN DO:

• Find the securities trust your mortgage loan went into. New Century typically sold 100%

of the loans they made. Example: within a month after closing on my friend’s loan, New

Century sold it to Chase in a mortgage pool with over 3800+ mortgages. When examining

the PSA or Pooling and Servicing Agreement filed with the SEC on the securities trust

which Chase formed (with his loan in it), it stated that all assignments had to be completed

by a certain closing or cut-off date (say 10/5/2006 as an example). Typically most of these

big banking entities did NOT do those assignments by that closing or cut-off date. So you

can point out that to the judge. If you read the PSA carefully you can see that the

assignments and transfers of the mortgage notes had to be done by the closing or cut-off

date as then the securities could be sold to the investors.

• Write to Eric Holder, US Attorney General in Washington, DC and say you are filing

official complaint on the forgery and/or stamped signature on the recorded property

document and that his office needs to investigate asap as thousands of homeowners are

losing their homes to these forgeries and other criminal acts across the USA. Be sure to

send along the certified copies of your recorded docs and any others you find which

support the contention.

Eric Holder

U.S. Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

http://www.justice.gov/contact-us.html Dept. of Justice website.

• Inquire with an attorney about filing an Adversary Proceeding in New Century’s Chpt. 11

bankruptcy case in Delaware.

• Remember, you are not alone in this.