From Steven Kop: Like Florida and other states, the laws already exist to penalize the pretender lenders. The question is whether the public will rise up and force the enforcment of these laws and use them to discredit the worthless paper issued by the participants in the securitization chain.
CALIFORNIA CODES
PENAL CODE
SECTION 470-483.5
470. (a) Every person who, with the intent to defraud, knowing that
he or she has no authority to do so, signs the name of another
person or of a fictitious person to any of the items listed in
subdivision (d) is guilty of forgery.
(b) Every person who, with the intent to defraud, counterfeits or
forges the seal or handwriting of another is guilty of forgery.
(c) Every person who, with the intent to defraud, alters,
corrupts, or falsifies any record of any will, codicil, conveyance,
or other instrument, the record of which is by law evidence, or any
record of any judgment of a court or the return of any officer to any
process of any court, is guilty of forgery.
(d) Every person who, with the intent to defraud, falsely makes,
alters, forges, or counterfeits, utters, publishes, passes or
attempts or offers to pass, as true and genuine, any of the following
items, knowing the same to be false, altered, forged, or
counterfeited, is guilty of forgery: any check, bond, bank bill, or
note, cashier’s check, traveler’s check, money order, post note,
draft, any controller’s warrant for the payment of money at the
treasury, county order or warrant, or request for the payment of
money, receipt for money or goods, bill of exchange, promissory note,
order, or any assignment of any bond, writing obligatory, or other
contract for money or other property, contract, due bill for payment
of money or property, receipt for money or property, passage ticket,
lottery ticket or share purporting to be issued under the California
State Lottery Act of 1984, trading stamp, power of attorney,
certificate of ownership or other document evidencing ownership of a
vehicle or undocumented vessel, or any certificate of any share,
right, or interest in the stock of any corporation or association, or
the delivery of goods or chattels of any kind, or for the delivery
of any instrument of writing, or acquittance, release or discharge of
any debt, account, suit, action, demand, or any other thing, real or
personal, or any transfer or assurance of money, certificate of
shares of stock, goods, chattels, or other property whatever, or any
letter of attorney, or other power to receive money, or to receive or
transfer certificates of shares of stock or annuities, or to let,
lease, dispose of, alien, or convey any goods, chattels, lands, or
tenements, or other estate, real or personal, or falsifies the
acknowledgment of any notary public, or any notary public who issues
an acknowledgment knowing it to be false; or any matter described in
subdivision (b).
(e) Upon a trial for forging any bill or note purporting to be the
bill or note of an incorporated company or bank, or for passing, or
attempting to pass, or having in possession with intent to pass, any
forged bill or note, it is not necessary to prove the incorporation
of the bank or company by the charter or act of incorporation, but it
may be proved by general reputation; and persons of skill are
competent witnesses to prove that the bill or note is forged or
counterfeited.
470a. Every person who alters, falsifies, forges, duplicates or in
any manner reproduces or counterfeits any driver’s license or
identification card issued by a governmental agency with the intent
that such driver’s license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.
470b. Every person who displays or causes or permits to be
displayed or has in his possession any driver’s license or
identification card of the type enumerated in Section 470a with the
intent that such driver’s license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.
471. Every person who, with intent to defraud another, makes,
forges, or alters any entry in any book of records, or any instrument
purporting to be any record or return specified in Section 470, is
guilty of forgery.
471.5. Any person who alters or modifies the medical record of any
person, with fraudulent intent, or who, with fraudulent intent,
creates any false medical record, is guilty of a misdemeanor.
472. Every person who, with intent to defraud another, forges, or
counterfeits the seal of this State, the seal of any public officer
authorized by law, the seal of any Court of record, or the seal of
any corporation, or any other public seal authorized or recognized by
the laws of this State, or of any other State, Government, or
country, or who falsely makes, forges, or counterfeits any impression
purporting to be an impression of any such seal, or who has in his
possession any such counterfeited seal or impression thereof, knowing
it to be counterfeited, and willfully conceals the same, is guilty
of forgery.
473. Forgery is punishable by imprisonment in the state prison, or
by imprisonment in the county jail for not more than one year.
474. Every person who knowingly and willfully sends by telegraph or
telephone to any person a false or forged message, purporting to be
from a telegraph or telephone office, or from any other person, or
who willfully delivers or causes to be delivered to any person any
such message falsely purporting to have been received by telegraph or
telephone, or who furnishes, or conspires to furnish, or causes to
be furnished to any agent, operator, or employee, to be sent by
telegraph or telephone, or to be delivered, any such message, knowing
the same to be false or forged, with the intent to deceive, injure,
or defraud another, is punishable by imprisonment in the state
prison, or in the county jail not exceeding one year, or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.
475. (a) Every person who possesses or receives, with the intent to
pass or facilitate the passage or utterance of any forged, altered,
or counterfeit items, or completed items contained in subdivision (d)
of Section 470 with intent to defraud, knowing the same to be
forged, altered, or counterfeit, is guilty of forgery.
(b) Every person who possesses any blank or unfinished check,
note, bank bill, money order, or traveler’s check, whether real or
fictitious, with the intention of completing the same or the
intention of facilitating the completion of the same, in order to
defraud any person, is guilty of forgery.
(c) Every person who possesses any completed check, money order,
traveler’s check, warrant or county order, whether real or
fictitious, with the intent to utter or pass or facilitate the
utterance or passage of the same, in order to defraud any person, is
guilty of forgery.
476. Every person who makes, passes, utters, or publishes, with
intent to defraud any other person, or who, with the like intent,
attempts to pass, utter, or publish, or who has in his or her
possession, with like intent to utter, pass, or publish, any
fictitious or altered bill, note, or check, purporting to be the
bill, note, or check, or other instrument in writing for the payment
of money or property of any real or fictitious financial institution
as defined in Section 186.9 is guilty of forgery. ”
Steven K. Kop
Attorney at Law
310.869.0269
http://www.newdawnlaw.blogspot.com
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