Help Danny's Family After Housing Injustice on Christmas Eve

Hello, my name is Danny Doug and I am compelled to share with you the horrible experience that my family and I unexpectedly were forced to endure. An experience where the Junior Deed of Trust on our home, put in motion a set of appalling actions that culminated in the illegal loss of our home of 16 years; along with the plundering of more than $300,000.00 of our hard-earned equity. This was devastating! There was even a knock on our door on Christmas Eve to inform us that we were going to be evicted with our special needs son. I am thankful for your time, and hopeful that you will appreciate our story.

The Junior Deed of Trust, having been informed that our Senior Deed of Trust was just permanently modified and in good standing, aggressively solicited us via my wife for a modification of their own. Only to continue their use of various stalling tactics to deny our requests for Loss Mitigation Application for more than eight months in violation of the law. The Mortgage Servicer (2nd lienholder) and their trustee foreclosed on our home of 16 years. The trustee sold our house as though they had real property. They did not! This action by the trustee was unlawful. Neither the Mortgage Servicer nor the trustee had any legal documentation to sell real property:

The power of sale clause under the Junior Deed of Trust only gave the trustee the authority to sell the property lien and not real property as outlined in sec. 3 of California Civil Code 2924f under “Notice to Potential Bidders”.

Our house was valued so that both the junior and senior loans could have been paid off with us having more than $300,000.00 in profit. However, our house of around $600,000.00 was sold for less than $200,000.00. This was below the Fair Market Value.

After our home was sold, the trustee refused to distribute the surplus funds according to the law. At the same time, the purchaser was aggressively trying to evict us while bombarding us with paperwork. Although the 3-day notice to quit indicated that they had purchased real property and that the title was duly perfected, they had only purchased a property lien. The title was not duly perfected because the senior lien and other liens remained attached. Eviction papers were served on Christmas Eve. Who does such a

mean-spirited thing?

Because of the illegal actions by all three bad actors, we lost more than half of our belongings including all of our son’s developmental equipment, aids, and supports. The trauma to our son has caused him to be frozen in time developmentally. Our credit was destroyed. Our home-based businesses were destroyed. All of these bad actors have caused and continue to cause a lot of pain and agony.

Losing one’s job after 16 years due to restructuring should not have upended our lives especially when we should have been able to start over with more than $300,000.00. We were not the beneficiary of our hard-earned equity. Everything about the entire process was illegal. Because we have lost so much, we have fallen behind on paying for housing and transportation. We also need assistance with paying for a lawyer. Any assistance that you can provide will be greatly appreciated.

For my family’s sake, and the sake of others who have suffered or may suffer the same injustices, we decided to stay and fight through the entire process, so that we could understand why and how all of these laws were being broken. Thus, we have sacrificed enormously to give a direct and personal account/case study of a tragic way by which many become homeless; as the illegal exploiting of the homeowner not only leave many homeowners on the street, but initiates the unraveling of a much needed support system. A system where previous homeowners are no longer available to keep a family member, friend, neighbor or just someone in need, off the streets. We are still fighting and implore you to help us in our fight.

It is only by the grace of God that we are able to tell our story. No one is above the law!

Thank you and God bless!

Regards,

Danny Doug