Back in September 2019 a woman in Berkeley California paid her house off in full to the mortgage company but they flatly rejected her "tender of full payoff" and took her home to foreclosure auction instead! These are lawyers whose specialty is mortgage debt collection where all it took was a phone call to cancel that trustee sale, upon getting Paid In Full, according to THE WRITTEN CONTRACT THEY ENTERED, and as the law required. These companies and LAWYERS REFUSED FULL PAYMENT FROM HOMEOWNER BUT took the SAME AMOUNT OF MONEY FROM THE WINNING BIDDER!
In the two years since, while this homeowner defended her right to her home by law, recently on October 21, 2021 this company now wants to off-load their position to an unsuspecting new "buyer." WHILE WE ARE ON APPEAL IN COURT! How?
Homeowner is proving this company does NOT have title nor does it own the property nor has right to represent they do! They own a LIEN ONLY, and they can't prove their lien is valid! BUYER BEWARE. Any realtor or buyer who attempts to ty to buy our home will force themselves into litigation as we continue on Appeal and our CURRENT higher court lawsuit. See above "Unwavering Offer to Pay."
What kind of court would even approve of evicting this homeowner, in light of an illegal auction conducted in this way? This question is examined carefully amidst the anguish of a woman who was compelled to find out, in order to defend against wrongs of any such "court."
Homeowner's Right by Law of Equitable Redemption was thus violated, a universally-recognized principle and law in all fifty states. Indeed a rightful remedy is wanting. So we must seek a court of equity, which is justice by rule of LAW.
She says NO to being utterly plundered of over $800,000 of HER FAMILY'S EQUITY by the grossly underpriced steal of a bid, along with losing the house itself in this manner, NO to being unjustly made homeless and destitute because of a foreclosure auction that the law required to be immediately cancelled, her only retirement income derived from the same home, and she with no spouse, no other dwelling to move to, late-50s in age, with young adult children, nieces, nephews also with children of their own, four generations represented as matriarch after her late parents who entrusted her to so steward. NO. "Equity will not suffer a wrong to be without a remedy."
YES SHE STILL HAS HER HOME, remains in lawful possession defending her rights in and out of court. She calls for that illegal foreclosure auction to be rescinded and unwound as required by Law and the Facts. She is also hugely indignant on behalf of neighbors' home values attacked by these reckless blatantly unconstitutional lawless practices.
Since that unbelievable day last September 25, 2019 we have borne grave unjust injury by these lawless attackers, when they were made whole but chose to inflict continued unjust unlawful injury instead. We are forced to defend.
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REMAINING PEACEABLY RIGHT HERE AT HOME,
WE PREPARE NOW TO FILE SUIT ON THE VOID TRUSTEE SALE
in Defense of Written Contract for
Our Perfected Tender
of Full Payoff,
Redeemed Days Before Deadline
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HOMEOWNER'S RIGHT BY LAW OF EQUITABLE REDEMPTION
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.
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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.
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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
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Unknown at the time the afternoon prior to the auction we perfectly executed an action under CIV 2924g(d)(1) (even though it was UNNECESSARY DUE to UNEQUIVOCAL ON-TIME DELIVERY OF TENDER IN FULL HOURS BEFORE the published scheduled auction;) mandating a minimum seven-day postponement. By law. All parties responsible to postpone were duly noticed in writing mid-afternoon the day before. Deliberately unheeded. Conclusion? Tender was timely. And actually seven and a half days more timely than anyone let on! I'm slow at this... the lawyers knew better.
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​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. ​
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What then does this mean?
HOMEOWNER (and "trustor") FORECLOSED ON HER OWN NOTE + Deed of Trust, thus extinguishing both simultaneously, hours (or rather seven days) 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.
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Renee Ramos Yamagishi ~ homeowner, mother and
grandmother, defending
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.
For complete story see
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