September 10, 2020
WRITTEN CONTRACT IN EFFECT TO TENDER FULL PAYOFF 9/12/19:
part 1 thus completed pursuant to California Civil Code 2924.11(b)(2)
= Note extinguished by new debt instrument offered & accepted thus contracted in writing by offeror-homeowner and attorney for all the parties plus substitute trustee.
WRITTEN WIRE-TRANSFER-READY FUNDS TENDERED 9/25/19 @9:45 am
part 2 thus completed pursuant to California Civil Code 2924.11(b)(2)
= Deed of Trust extinguished alongside original Note by Tender of Full Payoff delivered = Exercised homeowner's right to redeem: equitable.
Trustee of deed of trust & their attorneys; mortgage servicer debt-collector & their attorneys; assignee /beneficiary of deed of trust on record; auctioneer proceeded to foreclosure sale 9/25/19 @1:15 pm
ON A NOTE + DEED OF TRUST THAT HAD CEASED TO EXIST HOURS PRIOR.
Winning bidder third party buyer was given formal notice and warned in great detail for 45 minutes at sale but bid on our home anyway; followed by this homeowner & trustor's bonafide offer in writing to buy back the lien they bought plus $60,000 over bid price, in exchange for not recording trustee's deed. Offer rejected.
What then does this mean?
HOMEOWNER (and "trustor") FORECLOSED ON HER OWN NOTE + Deed of Trust, thus extinguishing both simultaneously, hours before the trustee and auctioneer commenced the trustee sale. She fulfilled her side of the written CONTRACT which was Offered, Accepted, and then PERFECTLY DELIVERED ON TIME.
What remedy in the law exists?
The intent of California Legislature answers: CIV 2924.12(b) from California Homeowners' Bill of Rights.
Renee Ramos Yamagishi ~ homeowner, mother and
her rights by law to her family home of four generations, so she can provide for herself and her family. A reasonable responsible woman, in lawful possession of her home, she comes in honor and truth.
Updates here in due time.
For complete story see Mathews Street America website HERE.