Post on 18-Nov-2014
Consumer Complaint and Suspicious Activity Report
Attention: White Collar Crimes Supervisor (Mortgage Fraud Division)
Complainant's Information
Name: Joseph Gurrola Date of Complaint: 09/10/09
Spouse: America Gurrola Phone Number: (661)940-0794
Address: 1078 Holguin St. Lancaster CA 93534 Fax Number: (661)940-0794
Information of Who the Complaint is Against
Real Estate Agent / Mortgage Broker / Lender's Information
Name: Teresa Ripoli * No DRE License Information Cell Number: (818)523-1295
Spouse: John Ripoli Cell Number: (818)523-1920
Address 1: 503 W. Anza Pl. Palmdale, CA 93551 Phone Number: (818)704-0277
Address 2: 7509 Atherton Lane, West Hills CA 91304 Fax Number: (818)704-5130
Attorney's Information
Name: Adam S. Warshaw, APC Bar Number 149867
Address: 1918 W. Magnolia Blvd., Suite 101 Burbank CA 91506 Phone Number: (818)972-9927
Notes: Legal Representative of the Ripoli's Fax Number: (915)200-6182
Settlement Agent's Information
Name: Titan Escrow Corporation Escrow Number 2-6434-RH
Address: 1037 West Avenue N, Suite 201 Phone Number: (661)273-0200
Agent's Name: Regina Hernandez Fax Number: (661)273-0757
Homeowners Insurance Information
Name: Interinsurance Exchange of the Automobile Club of SoCal Policy Number: CHO 021315847
Address: P.O. Box 25448 Santa Ana, CA 92799-5448 Phone Number: (661)951-7453
Agent's Name:
Name: B M Real Estate Services License # 1273595
Address: 5016 N. Parkway Calabasas, Calabasas, CA 91302 Acct # 000001502545
Broker's Name: Marc Stuart Shenkman Phone Number: (818)223-9999
Fax Number: (818)223-9997
Servicer's Information
Name: American Home Mortgage Servicing Company Loan Number: 17519752
Address: P.O. Box 631730, Irving, TX 75063-1730 Phone Number: (877)304-3100
Notes: Fax Number: (800)537-9037
Analysis Report
Borrower's Statement
Borrower paid his mortgage in full reliance to his fiduciary'sRepresentation. HadHe known of the natureof the transaction, he would not have paid a single cent.
Transaction Overview
Exhibit 1
On 11/26/2003 - Recent Release of Mortgage/Deed of Trust Independent of Any Real Estate Transaction To resemble ownership of property, a forger will place on record a forged release of a mortgage or reconveyance of a deed of trust. Such releases usually occur independent of any real estate transaction and may be accompanied by a substitution of trustee. There will obviously have been no funds sent to the existing mortgagee/beneficiary. Shortly after recording the release, a new loan is sought or the property is sold. This situation leaves the title insurer to pay off the mortgagee/beneficiary of the “released” lien following the default of its loan. Last Minute Ownership Changes In transactions in which only a loan policy is requested, a deed may be tendered just prior to closing to change the ownership of the property either by conveying to new parties or making changes among co-tenants or partners. Many times this uninsured deed being created in closing is forged.
Title Report from PropertyShark
Two scenarios I can think of:
1- Joseph Gurrola wasn't financially unsophisticated afterall, instead, a savvy investor that sold the Anza property to Teresa Rispoli for $400,000 ++ more on 02/2007 and smartly downgraded to 1708 Holguin St. … knowing his actions shall have caused a crash.
or
2- Someone misrepresented information to meet minimum guidelines for bank approval, instantly replenishing depleted resources to fuel the process all over again. (at the expense of the taxpayer)
...anyones guess would be better.
Exhibit 2
Exhibit 3 – check stubs, and other supporting documents are the in cd-rom.
Additionally, there are a few loan disclosures missing in the borrowers packet. They are as follows: ALL OF THEM. Whatever is in this report are all the borrower had in “closing.” Please be advised that our Qualified Written Request specifically requires you to furnish them, that way we can redo our report and be more accurate.
Exhibit 4
Exhibit 5
Aren't undisclosed first liens that are going to be left unpaid an incumbrance?
Exhibit 6
* exhibits in cd-rom
I declare under penalty of perjury that the foregoing is true and correct.
Submitted by: Joseph and America Gurrola Date: 06/15/09 Borrower
Loan Audited by: Robert Tapia Date: 06/15/09 Consumer Advocate for Avenue S
Cc: Financial Crisis Inquiry Commission, IRS-CI , FBI, FTC, FDIC, OTS, OCC, OREA, CA: Dept of Corp., Dept of Real Estate, Dept. of Justice, Dept of Financial Institutions, Government Accountability Office, House Committee on Financial Services (Subcommittee on Financial Institutions and Credit, Housing and Community Opportunity and Oversight and Investigations)
Mortgage Loan Reviewed by Avenue S Mortgage Document Auditingwww.avenue-s.us and ww.avenue-s.info (661)860-4978 * (661)860-4950 * (661)480-5091 Fax
“A court will not set aside contractual obligations because one party misunderstood , or failed to read, the contract”
Attorney, my faith is strongest when decisions are made from a jury of our peers. Contractual obligations are what they are. There is no excuse for anyone not to fullfil their duty to the highest level of integrity and truthfullness regardless whether the contract is executed by a signature or by our word that should be as good as our bond to begin with.
“Failure to make reasonable inquiry to ascertain or effort to understand the meaning and content of the contract upon which one relies constitutes neglect of a legal duty such as will preclude recovery for a unilateral mistake of fact.”
Thank you for having the basis of sound judgement. Unfortunately there are not to many of you who think this way anymore, as a matter of fact I think thats the main reason why Attorneys will never have a shortage of cliemts.
The failure to make reasonable inquiry to ascertain or effort to understand the meaning and content of the contract lies not on the failure to make reasonable inquiry but on the failure to provide what was requested.
Re: Knoxx v. Modern Garage & Repair Shop (1924) 68 Cal App 583
For those that use that defense, I thank them with all my heart. Had it not been for them there would'nt be anything like these:
- 8.68 Billion Serttlement "Countrywide's lending practices turned the American dream into a nightmare for tens of thousands of families by putting them into loans they couldn't understand and ultimately couldn't afford."
- $295,000,000.00 awarded to borrowers by Ameriquest in 2006. Best part of it all- non forgiven debt. All the people need to know is that they should never relinquish their VII Amendment right to trial by jury.
Lastly we are not here to fight for homes. We are here to fight for our rights. Please help us help the people.