Cease & Desist Letters to stop foreclosure
Cease & Desist Letters

Cease & Desist Letters can be written to, or copied to, entities such as the Servicer's CEO/Executive area, the Servicer's Legal Department (see Executive Contacts page), and the Foreclosure Attorney/Entity pointing out errors or instances of, for example, in:

a) Violation of Notice Requirements, and/or
b) Violation of State Civil Statutes, and/or
c) Violation of Criminal Statutes, and/or 
d) Violation of Notice in paragraph 22 of Deed to Secure Debt

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                                                           Example #1

                  Violation: Assignment of Security Instrument to Servicer,
                                                 not to Secured Creditor
                      Fannie Mae Trust, owner, One West Bank servicer

                      
CEASE AND DESIST FORECLOSURE PROCEEDING
                                          SCHEDULED FOR APRIL 3, 2012



TO: Anthony DeMarlo                             Certified mail # __________________ 
 McCurdy and Candler LLC                    Fax number: 770-234-9192

Joseph Otting, CEO                                Certified mail # _________________
One West Bank FSB                               Fax number:     626-535-4207
888 East Walnut Avenue
Pasadena, CA 91101
Fax: 626-535-4207

Reference Property: 123 Any Street, City, State Zip

Pursuant to OCGA § 44-14-162.2. Foreclosures under power of sale -- Mailing or delivery of notice to debtor – Procedures

This is a demand for a cease and desist of foreclosure proceedings because you are violating the state statute. See attached evidence from the Fannie Mae website which indicates that they own the loan or the loan is in a Fannie Mae trust. You have advertised that you are representing One West Bank FSB and One West Bank as if they are the secured creditor. You have personal knowledge that One West Bank FSB is only the Servicer which does not have standing to foreclose in the state of Georgia.

In the state of Georgia, only the Secured Creditor can foreclose. 
OCGA § 44-14-162.2
(a)
Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.

Recently, Governor Deal signed into existence OCGA 16-8-102 Residential mortgage fraud and you are in violation specifically of:
OCGA 16-8-102
(5) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.

Pursuant to OCGA 16-8-105 (a) Punishment, you are guilty of a felony, and this crime is punishable by imprisonment for not less than one year nor more than ten years, by a fine not to exceed $5,000, or both.
Pursuant to OCGA 16-8-105 (b) Punishment, you and your firm will be investigated for engaging or participating in a pattern of residential mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of residential mortgage fraud. This violation is punishable by imprisonment for not less than three years nor more than 20 years, by a fine not to exceed $100,000.00, or both.

Because you have personal knowledge that you are knowingly violating state statutes, I will be left no other option but to report you to the Georgia Bar Association and others, and pursue legal means, not only civilly but criminally to sue you for wrongful foreclosure, for filing fraudulent documents, for theft by taking and theft by conversion, and other violations.

I will be sending this same notice to Federal Housing Finance Agency Office of the Inspector General, Georgia state’s Attorney General, and the Office of the Comptroller of the Currency.

Sincerely,

__________________________________ ________________
Homeowner                                                        Date

Attached:
1) Fannie Mae letter showing loan owned by certificate holders of Fannie Mae Trust
2) Notice of Sale letter from McCurdy and Candler LLC
3) Notice of Sale Under Power advertisement

Distribution:
Anthony DeMarlo
McCurdy and Candler LLC
Six Piedmont Center
Suite 700
3525 Piedmont Road NE
Atlanta, GA 30305
Phone number: 404-373-1612
Fax number: 404-370-7232

Federal Housing Finance Agency Office of the Inspector General
Phone number: 800-793-7724
Fax: 202-445-2075

Office of the Comptroller of the Currency
Phone number: 800-613-6743
Fax: 713-336-4301

Attorney General Sam Olens  Certified Mail _________________
                                            Fax: 404-657-8733
Email:
solens@law.ga.gov
Phone: 404-656-3300

Joseph Otting, CEO
One West Bank FSB
888 East Walnut Avenue
Pasadena, CA 91101
Fax: 626-535-4207

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                                                      Example #2

Violation: Servicer/Foreclosure Attorney did not follow Notice Requirements

                 CEASE AND DESIST FORECLOSURE PROCEEDING

                                   SCHEDULED FOR APRIL 3, 2012

TO: Larry Johnson                Certified mail # __________________
       Joel Freedman               Fax number: 770-234-9192
       Johnson & Freedman, LLC 

Joseph Otting, CEO             Certified mail # _________________
One West Bank FSB            Fax number: 626-535-4207
888 East Walnut Avenue
Pasadena, CA 91101
Fax: 626-535-4207

Reference Property: 123 Any Street, City, State Zip

Pursuant to   Foreclosures under power of sale -- Mailing or delivery of notice to debtor  and OCGA § 9-13-141. Timing of advertisements:

This is a demand for a cease and desist of foreclosure proceedings because you are in violatation of state statutes.

In the state of Georgia strict notice requirements exist.  You have violated:
OCGA § 44-14-162.2 which requires that Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure.  There was no notice mailed by certified and regular mail.

(a)  Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.
(b) The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the notice of sale to be submitted to the publisher.
In all cases where the law requires citations, notices, or advertisements by probate court judges, clerks, sheriffs, county bailiffs, administrators, executors, guardians, trustees, or others to be published in a newspaper for 30 days or for four weeks or once a week for four weeks, it shall be sufficient and legal to publish the same once a week for four weeks, that is, one insertion each week for each of the four weeks, immediately preceding the term or day when the order is to be granted or the sale is to take place.

You are also in violation of OCGA § 9-13-141 which requires the advertisement to be published in a newspaper for 30 days or for four weeks or once a week for four weeks immediately preceding the date of the sale.  The advertisement did not run 4 consecutive weeks.

OCGA § 9-13-141
In all cases where the law requires citations, notices, or advertisements by probate court judges, clerks, sheriffs, county bailiffs, administrators, executors, guardians, trustees, or others to be published in a newspaper for 30 days or for four weeks or once a week for four weeks, it shall be sufficient and legal to publish the same once a week for four weeks, that is, one insertion each week for each of the four weeks, immediately preceding the term or day when the order is to be granted or the sale is to take place. The number of days between the date of the first publication and the term or day when the order is to be granted or the sale is to take place, whether more or less than 30 days, shall not in any manner invalidate or render irregular the notice, citation, advertisement, order, or sale.

Because you have personal knowledge that you are knowingly violating state statutes, I will be left no other option but to report you, and pursue legal means, not only civilly but criminally to sue you for wrongful foreclosure, for theft by taking and theft by conversion, and other violations.

I will be sending this same notice to Georgia state’s Attorney General and the Office of the Comptroller of the Currency.

Sincerely,

__________________________________ ________________
Homeowner                                                         Date

Distribution:

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                                                        Example #3

Violation: Servicer - in the Notice of Default (required to be sent prior to Acceleration) - did not meet requirements specificed in the Security Instrument, paragraph 22. Acceleration; Remedies.  See paragraph 22.

                         CEASE AND DESIST FORECLOSURE PROCEEDING

                                          SCHEDULED FOR APRIL 3, 2012

Joseph Otting, CEO                                  Certified mail # _________________
One West Bank FSB                                 Fax number: 626-535-4207
888 East Walnut Avenue
Pasadena, CA 91101
Fax: 626-535-4207

Reference Property: 123 Any Street, City, State Zip

Pursuant to Security Instrument (Security Deed), paragraph 22, you did not inform me of my right to bring a court action.

This is a demand for a cease and desist of foreclosure proceedings because you are in violation of the security agreement filed in the office of the Superior Court Clerk, Cherokee County, Georgia, book 1234, pages 1-4. 

You did not inform me of my right to bring a court action.

On page 12 of 14 of the Security Instrument given by Jane Doe to Washington Mutual Bank, FA, dated 3/15/2004 and recorded on 3/24/2004, Paragraph 22 states:

 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale granted by Borrower and any other remedies permitted by Applicable Law. Borrower appoints Lender the agent and attorney-in-fact for Borrower to exercise the power of sale. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys’ fees and costs of title evidence.

Because you have personal knowledge that you are knowingly violating state and federal statutes, I will be left no other option but to report you, and pursue legal means, not only civilly but criminally to sue you for wrongful foreclosure, for theft by taking and theft by conversion, and other violations.

I will be sending this same notice to Georgia state’s Attorney General and to the Office of the Comptroller of the Currency.

Sincerely,

__________________________________      ________________
Homeowner                                                              Date

Distribution:

This information is provided free of charge by Operation Restoration. Thank you in advance for your generous donations which allow us to educate people on a personal level.
- Anne Batte, Executive Director

                                                            

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