william greene email to kdlc.pdf

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  • 8/14/2019 William Greene Email to KDLC.pdf

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    rom Bill Greene

    To Sent: Sunday, July 22, 20127:26 PMAttach: de-,a_Carrere_ltr.pdf; cover letter of uly 9.pdfSubject: Fw: service of response re demand for payment on deed of trustHello Karen,Wen, I see by the letter I have received from your attorney that you have chosen your path. It saddensme that you have rejected the opportunity to resolve these issues by fair exchange and compromise. Yourgrace period has ended on June 30 without any offer from you.My new address is 170 E College St. T Covina, CA 91723 as anyone requesting a forwarding addresscould have found. The branch post office of myoid address at 1037 N. Grand Ave.closed in March whenFaIT's Stationery closed. Use the new address.A claim of forgery is a waste of your attorney's time and a deception of him. The facts wI not support it.It is not what happened. Perhaps your memory is unclear. The events of 2003 addressed in his letteroccurred at your request nd for your sole benefit w}th my reluctant cooperation so that you could showenough eq uity to qualify for a refinance of your first mortgage in late April 2003, saving you almost $1 Oklyrever since. The refinance of your 1st mortgage did not make your 2d mortgage vanish or diminish orchange your obJigation. You requested these changes in 2003 to show enough equity to qualify forrefinance of your 1st mortgage, presumably on advice from your loan broker or lender.You need to th'ink carefully through and reconstruct the events, their purposes, and consequences beforemaking wild accusations lest you cause yourself far greater problems than those involving your 2dmortgage or me. Let me try to refresh your memory. It took me a little time to dig up the records. Thedocuments available show the following: 2-22-03 Draft of 2d mortgage renewal prepared. 2-25-03Reflnance application submitted. 2-26-03 2d Mortgage renewal signed by you and notarized. 2-28-03Reconveyance executed by me. 4-30.Q3 Refinanced 1st mortgage is approved and closes. 10-903Mortgage renewal is recorded. Whatever problems you may have had with signatures oroptional thllmbprints or the notary are all your own as the renewal draft of the 2d mortgage was in yourcare for proper notarized signature. I had no part in the Signature process. You delivered the signed andnotarized 2d mortgage to me before I prepared the reconveyance shifting loan to equity temporarily. If Ihad not believed that you had done the mortgage renewal properly there would have been no subsequentreconveyance or refinance. In the event the renewal proves invalid by something you did or failed to doproperly, the reconveyance which relied upon it is null and void. 1t was in your interest and greatadvantage to do it properly_ I befieve you did do it properly and you just don't recall the details and maynot have retained the records.An invalid 2d mortgage renewal was neither in your interest or mine. You would not have receivedyour refi or worse and twould certainly not reconvey on anything I thought was invalid. The 2d mortgagenote secured my interest in the property, whether we call it debt or equity. An invalid note would be of nobenefit to me. It could also leave you in a very difficult legal and tax position that I wil1 not go rntounnecessarily. 1suppose you might ask yourself if you were not executing your part of the refinancerequirements including the renewal of the 2d mortgage properly and in good faith as I believe you were toreap the benefit of your refinance, why not? \lVhat were you doing with the 2d mortgage renewal andwhat might e the consequence to you?You should have retained a copy of the 2d mortgage renewa' from 2-26-03 after signature andnotarization and another from LA County after it was recorded. I recall you being upset upon receivingyour recorded copy from LA County later in 2003, even though the process was the same as we had usedfor the original purchase in 1998 when the original 2d mortgage note was signed and notarized on 6 9-98and recorded 12-28-98 . Other subsequent communicatons I have record discussions and negotations tosettle it at later points. So you could hardly have been unaware of it. So far as I am aware it was allproperly done in good faith by both parties for the benefit of your 1st mortgage refi. I did not receive anybenefit from your 1st mortgage refinance.I suggest you reconsider what actually happened and your actions and position and withdraw your forgeryclaim and acknowledge the validity of the 2d mortgage and refinance process. Let's get on to moreconstructive discussions to avoid a default if possible.

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    Other matters in the letter can wait. I wilJ not reply to them now. If necessary I win take counsel as adVised and respondin due course as appropriate. But the next step 1 believe, is yours to reply to the request above and enter discussions toassess your financial situation and explore options to avord a Notice of Default i you intend to do so.J would also suggest that you e much more careful with whom you discuss our business affairs, and more thorough andaccurate in portraying them. Our business arrangements were conducted for our mutual benefit and fair exchange.others may not see them so or may try to apply a different standard and try to find fault where none existed. Pleaseremember that where something was done primarily or solely to your benefit as in the case of the mortgage refinance orsales t x arrangements. you will beat primary responsibility and liability for anythlng that goes awry. We did manytransactions in many areas over the years with fair exchange to support your business that were entirety satisfactory. Fomore than a decade I have not reaped any economic benefits from them beyond our fair x c h n g e s ~I shall hope for better news from you n the near future.Bill