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08-03-28 Los Angeles County Registerar Recorder Letter to Zernik Re Attorney Pasternak's Real Estate...

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  • 8/9/2019 08-03-28 Los Angeles County Registerar Recorder Letter to Zernik Re Attorney Pasternak's Real Estate Fraud-s

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    COUNTY OF LOS ANGELESREGISTRAR-RECORDER/COUNTY CLERKP.O. BOX 195, LOS ANGELES, CALIFORNIA90053-0195/ (562) 462-2133

    REGISTRARRECORDER/COUNTYCLERK

    r JOSEPH ZERNIK2415 SAINT GEORGE STLOS FELIZ, CA 90027L

    1

    J

    DATE 03/28/08Re: your letter of 03/24/08NO FEE ENCLOSED$--------

    This is in-response to your request for services from this Department. Please provide the followinginformation regarding the document(s) you are interested in:Title of Requested Document NEED YEARS AND DATES OF DOCUMENTS YOU AREREQUESTING.Approximate Date of Recording _Name(s) on Requested Document _Description of Property (Lot and tract numbers) _

    If a record is on file, a certified copy will be issued and a fee charged based on the number of pagescontained in the document. A fee of $6.00 for the first page and $3.00 for each consecutive page ofthe same document is charged for certified copies. If no record is found, a fee will be assessed of$.50 per year for each name searched ($1.00 minimum).Please return this letter with the requested information and a check or money order, if required, asindicated below. REGISTRAR-RECORDER/COUNTY CLERK, REAL ESTATE RECORDSP.O. BOX 195, LOS ANGELES, CA 90053-0195

    D Return same check.D The check or money order should be made to the Registrar-Recorder/County Clerk with theamount payable left blank and a notation stating "not to exceed $15". The correct amount will beindicated by the Recorder. If it exceeds $15, you will be advised of the additional amount due.D No fee is required.If you have any further questions regarding this matter, please call the Recorder's Office at (562) 4622133.

    Very truly yours,DEAN C. LOGANActing Registrar-Recorder/County ClerkB Y ~ ~ ==__

    Real Estate Records SectionR425 12/19/07

    Digitally signed

    by Joseph Zernik

    DN:cn=Joseph

    Zernik,o, ou,email=jz12345@e

    arthlink.net,c=US

    Date:2010.05.12

    16:05:55 +03'00'

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    "", . . 11y .IOned by ''''''phlernlkDN:cn=JosephZemik.) ' l ! m ~ I I : E J Z 1 2 3 4 5 l 1 e a r t t l l i n k . n l ! t . ~ U

    o.tr. 2008.03.24 15:23:.33-crOCI

    Joseph Zemik DMDPhD2415 Saint George St, Los Feliz CA 90027 Fax: (801) 998-0917 Email: [email protected] 24, 2008LA COUNTY RECORDERREAL ESTATE RECORDS12400 East Imperial Highway, Room 2207Norwalk, CA 90650

    ~ 0

    RE: REQUEST FOR CERTIFIED COPIES OF SUPPORTING RECORDS (IF ANY),ALTERNATIVELY -CERTIFIED NOTICE OF ABSENCE OF ANY SUPPORTING RECORDS.RE: 320 South Peck Drive, Beverly Hills, CA, 90212Sir/Madam:Thank you for your help last week in providing certified copies of the latest Deeds for the abovereferenced property: - L-Q..\l\'

    1. #20072759873 - Grant DeedGrantor: "David J Paster nak as Receiver fo r Joseph V Zemick pursuant to case number SC087400";Grantee: Nivie Samaan; Date: 12117/07; Recording Requested By: United Title Company2. #200727598ri- ~ < J J ) j ~ dGrantor: Jae Arrei{Joyd; Grantee:Nivie Samaan; Date: 12117/07; Recording Requested By: First American TitleCompany

    The current request is for any additional documents (if any) pertaining to the above .L.#20072759873 - Grant Deed. Specifically, I request any record of Judgment by Court, or CourtOrder to validate Pastemak's signature on behalf of Grantor.If no such document exists, I request that you provide me with a certified notice that no additionaldocuments were recorded in conjunction with Grant Deed #20072759873, beyond the 3 pages ofthat deed itself, and the related #20072759873 - Quitclaim Deed.Please process pay by credit card as follows:Certified copies fee- $6 for the first page and $3 for each additional page per document.Express mail delivery fee $16.25Credit card handling Fee - $6.00Please charge these fees to my credit card:Visa: 4003442638818271; Name on card: Joseph H Zernik; Exp. 3/2010.Mailing address for the requested records:Joseph Zernik, 2415 Saint George Street, LosAngeles, CA 90027Day time telephone number: 310 435 9107.Sincerely,) . Joseph Zemik '..J"3d-."6 -DoH -0;).3

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    Page 3/6 March 24, 2008CODE EXCERPTS RELATIVE TO SUPPORT DOCUMENTATION IN RECORDING TRANSFER OFTITLE BYAPERSON OTHER THAN THE LAWFUL OWNER:3) CCP 708.61 0 says:

    708.610. The provisions of Chapter 5 (commencing With Section 564) and Chapter 5a(commencing with Section 571) of TIt le 7 govern the appointment, qualifications, powers, rights,and duties of a receiver appointed under this article.4) CCP 708.620 says: 708.620. The court may appoint a receiver to enforce the judgment where the judgment aeditor shows that,considering the interests of both the judgment aeditor and the judgment debtor, the appointment of a receiver is areasonablemethod to obtain the fair and orderly satisfaction of the judgment3) CCP 564 says:564. (a ) A receiver may be appointed, in the manner prOVided In this chapter, by the court inwhich an act ion or proceeding Is pending In any case In which the court is empowered by law toappoint a receiver.

    (b) A receiver may be appointed by the court in which an action or proceeding is pending, orby a judge thereof, in the follOWing cases:(3) After judgment , to carry the judgment into effect.(4 ) After judgment, to dispose of the property according to the judgment, or to preserve

    it during the pendency of an appeal, or pursuant to the Enforcement of Judgments Law (Title 9(commencing with Section 680.010)) , or after sale of real property pursuant to a decree offoreclosure, during the redemption period, to collect, expend, and disburse rents as directed byt he court or otherwise prOVided by law.

    4) CCP 712.010 - 712.040 say:712.010. After entry of a judgment for possession or sale ofproperty, a writ of possession or sale shall be issued by the clerkof the court upon application of the judgment creditor and shall bedirected to the levying officer in the county where the judgment isto be enforced. The application shall include a declaration underpenalty of perjury stating the dally rental value of the property asof the date the complaint for unlawful detainer was f iled. Aseparate writ shall be issued for each county where the judgment isto be enforced. Wri ts may be issued successively until the judgmentis satisfied, except that a new writ may not be issued for a countyuntil the expiration of 180 days after the Issuance of a prior writfor that county unless the prior writ is first returned.712.020 . A writ of possession or sale issued pursuant to thisdivision shall require the levying officer to whom it is directed toenforce the judgment and shall Include the following Information:

    (a) The date of issuance of the writ.(b) The t it le o f the court where the judgment for possession orsale Is entered and the cause and number of the action.(c) The name and address of the creditor and the name and lastknown address of the judgment debtor.(d) The date the judgment was entered, and the date of any

    subsequent renewals, and where entered in the records of the court,(e) I f the judgment fo r possession or sale Includes a moneyjudgment, the amount required to sat isfy the money judgment on thedate the writ is issued and the amount of interest accruing daily onthe principal amount of the judgment from the date the writ is issuedmay be included on the writ at the option of the creditor,

    (f ) Whether any person has requested notice of sale under thejudgment and, if so, the name and address of such person.(g) Any other information required to be included in theparticular writ.

    712.030. (a) Upon del ivery of the wri t o f possession or sale to thelevying officer to whom the writ Is directed, together with thewritten instructions of the judgment creditor, the levying officershall execute t he wri t in the manner prescribed by law.

    (b) The levying officer may not levy upon or otherwise seizeproperty under the wri t after the expiration of 180 days f rom thedate t he wri t was issued.712.040. (a ) A writ of possession or sale may be enforced as a writ

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    Page4/6 March 24, 2008of execution to sat isfy any money judgment included in the judgmentfor possession or sale. I f amounts due under the judgment are notsatisfied pursuant to the wri t o f possession or sale, the judgmentcreditor may use a writ of execution to satisfy any money judgmentIncluded In the judgment after the wri t o f possession or sale hasbeen returned or 180 days after its issuance, whichever is earlier.I f the judgment creditor does not desire issuance of a writ ofpossession or sale (because possession has been voluntarilysurrendered, the secured obligation has been voluntarily satisfied,or other reason), a wri t o f execution may be issued to satisfy anymoney judgment included in the judgment.

    5) Government Code 27201 says:27201. (a) The recorder shall, upon payment of proper fees andtaxes, accept for recordation any instrument, paper, or notice thatis authorized or required by statute or court order to be recorded,if the instrument, paper, or notice contains sufficient informationto be indexed as proVided by statute, meets recording reqUirements ofstate statutes and local ordinances, and is photographicallyreproducible. The county recorder shall not refuse to record anyinstrument, paper, or notice that is authorized or required bystatute or court order to be recorded on the basis of i ts lack oflegal sufficiency."Photographically reproducible," for purposes of this division,means all instruments, papers, or notices that comply with standardsas recommended by the American National Standards Institute or theAssociation for Information and Image Management fo r recording ofrecords.(b) (1) Each instrument, paper, or notice shall contain anoriginal signature or signatures, except as otherwise prOVided bylaw, or be a certified copy of the original.(2) A facsimile signature shall be accepted on a lien recorded bya governmental agency when that facsimile signature has beenofficially adopted by that agency. The l ien shall have noted on itsface a statement to that effect. A copy of the agency's resolutionor action adopting the signature for facsimile transmission purposesor a certified copy of the agency's adopted signature shall beprOVided to the county recorder when the signature is officiallyadopted by the agency, or a t the beginning of each calendar year.

    6) Gov Code 27248 says:27248. (a) The recorder shall keep an index to abstracts ofjudgments, labeled: "Abstracts of judgments," each page diVided Intosix columns, headed respectively: "Judgment debtors," "Judgmentcreditors," "Amount of judgments," "Where recovered," "Date enteredor renewed," and "When abstract filed."(b) The recorder shall include in the index referred to insubdivision (a) , o r shall keep a comparable separate index to, all ofthe following;(1) Certified copies of judgments payable in installments recordedunder Section 697.320 or 697.330 of the Code of Civil Procedure.(2) Acknowledgments of satisfaction of judgment, court clerk'scertificates of satisfaction of judgment, acknowledgments ofsatisfaction of matured installments under an installment judgment,and releases and subordinations of judgment liens, recorded underSection 697.400 of the Code of Civil Procedure.

    7) Gov Code 27279 says:27279. (a) "Instrument," as used in this chapter , means a writtenpaper signed by a person or persons transferring the t itl e to , o rgiv ing a l ien on real property, or giving a right to a debt or duty.8) Gov Code 27280 says:27280. (a) Any instrument or judgment affecting the title to orpossession of real property may be recorded pursuant to this chapter.9) Gov Code 27282 says:27282. (a) The following documents may be recorded withoutacknowledgment, certificate of acknowledgment, or further proof:

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    Page 5/6 March 24, 2008(1) A judgment affecting the title to or possession of realproperty, authenticated by the certificate of the clerk of the courtin which the judgment was rendered.

    10) Gov Code 27289 says:27289. Whenever a not ice is required by law to be recorded for anypurpose, It shal l be signed by the person giving notice or his agent.27290. An instrument proved and certified pursuant to Sections 1198and 1199 of the Civil Code may be recorded in the proper office onlyif the original is at the same time deposited therein to remain fo rpublic inspection. In those counties where the photographic ormicrophotographic method of recording is employed, the originalinstrument, after recording, shall be delivered to the party leavingi t f or record at his last known address or upon his order.

    11) Gov Code 27297.5 says:27297.5. (a) Upon recordation of an abstract of judgment or otherdocument creat ing an involuntary lien affecting the title to realproperty, unless the county recorder has received from the judgmentcreditor proof of service pursuant to subdivision (b) of a copy ofthe document being recorded, the county recorder may, whenever therecorded document evidencing that lien contains the address of theperson or persons against whom the involuntary lien is recorded orthe address of the judgment debtor's attorney of record, within 10days notify the person or persons or attorney of record by mail ofthe recordation.(b) As an alternative to notice by the recorder, the judgmentcreditor or lienholder may serve upon the person or persons againstwhom the abstract of judgment or document creating an involuntarylien is to be recorded, a copy thereof in one of the following ways:(1) By personal delivery. Proof of service pursuant to thisparagraph shall be shown by the affidavit of the person making theservice, shoWing the t ime, place, and manner of service, the name andaddress of the person served, and any other facts necessary to showthat service was made in accordance with this paragraph. I f there isno address for a person to be served known to the judgment creditoror lienholder, he or she shall append to the abstract of judgment orinvoluntary l ien an affidavit to that effect.(2) By leaVing it at the person's residence or place of businessin the care of some person in charge. Proof of service pursuant tothis paragraph shall be shown by the aff idavit of the person makingthe service, showing the t ime, place, and manner of service, the nameand address of the person serVed, together with the t it le orcapacity of the person accepting service, and any other factsnecessary to show that service was made in accordance with thisparagraph.(3) By registered or certified mail, postage prepaid, addressed tothe person's residence or place of business. This service iscomplete at t he time o f mailing. Proof of service pursuant to thisparagraph shall be shown by an affidavit setting forth the fact ofservice, the name and residence or business address of the personmaking this serVice, showing that he or she is a reSident of, oremployed in, the county where the mailing occurs, the fact that he orshe is over the age of 18 years, the date and place of deposit inthe mail, the name and address of the person served as shown on theenvelope, and the fact that the envelope was sealed and deposited inthe mail, with the postage thereon fully prepaid, and sent byregistered or certified mail.(c) The judgment creditor may add the actual cost of servicepursuant to subdivision (b) to the judgment or involuntary lien. Thecosts shall not exceed the cost had the abstract of judgment orinvoluntary lien been recorded pursuant to subdivision (a).(d) As used in this section, " involuntary lien" means a lien thatthe person or persons against whom the l ien is recorded has notexecuted or has not consented to by contract.(e) This section shall not apply to the recordation of anydocuments relating to an involuntary lien in favor o f the federalgovernment pursuant to federal law or statute or to the recordation

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    Page6/6 March 24, 200812) Gov Code 27321 says:

    27321. The recorder shall endorse upon each Instrument theIdentification number or book and page where it is recorded, andshall thereafter mail, or if specified to the contrary deliver, it tothe person named in the instrument for return mail, and if no suchperson Is named, to the party leaVing it for record.Where any recorded Instrument or document effectuating a change Inownership is no t accompanied by a change in ownership statement, therecorder shall either include with the return of any such recordedInstrument or document a change In ownership statement as prOVided InSection 480 of the Revenue and Taxation Code or specificallyIdentify those recorded documents not accompanied by an ownershipstatement when prOViding the assessor with a copy of the transfer ofownership document pursuant to Section 255.7 of the Revenue andTaxation Code. 27321.5.

    13) Gov Code 27326 says:27326. The recorder shall f ile and record In the record of deeds,grants, and transfers, certified copies of final judgments or decreespartitioning or affecting the t it le or possession of real property,any part of which is situated in his county. From the t ime of filingwith the recorder for record, the certified copy of the judgment ordecree imparts notice to all persons of I ts contents, and anysubsequent purchaser, mortgagee, and lien-holder purchases and takeswith the same notice and effect as if the copy of the decree were aduly recorded deed, grant, or transfer.

    14) Gov Code 27331 says:27331. An order affecting title to or possession of real propertyissued by a court in an action subject to Section 12527 may berecorded in any of the indices described in Section 27232. 27233.27248.27249,27250,or27257.15) Gov Code says: 27334. I f the name of the person in whom title to real estate Isvested is changed from any cause, the recorder shall alphabetically

    index the conveyance in the "Index of Grantors," both in the name bywhich title was acqUired and the name by which it is conveyed.


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