09-02-2021, 03:05 PM
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#1 |
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Junior Member
 Posts: 6
Karma: 10
Join Date: Sep 2021
Device: callibre
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hello and can someone please help?
how is everyone? Hope all is well. New to this forum and am an editor recently trying to learn how to publish to different companies online for my authors, but have been having problems with validation. A Whole bunch of errors, and cant seem to figure them out. Can someone please help? This is the latest results of validation shown below. Im using word and calibre.
Type File Line Position Message ERROR index_split_007.html 69 33 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_007.html 73 33 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_007.html 77 33 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_007.html 118 33 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_007.html 133 33 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_008.html 24 33 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_008.html 28 33 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_015.html 63 33 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_015.html 68 33 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_015.html 82 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_015.html 128 33 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_024.html 21 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_024.html 29 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_024.html 34 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_024.html 41 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_024.html 46 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_028.html 83 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_028.html 92 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_028.html 96 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_028.html 100 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_028.html 104 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_028.html 108 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_028.html 112 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_028.html 116 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_028.html 120 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_028.html 124 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 20 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 53 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 59 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 72 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 90 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 95 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 100 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 105 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 109 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 114 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 119 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 123 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 131 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 135 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 139 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 144 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 150 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 155 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 159 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 164 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 168 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 175 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 206 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 210 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 214 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 218 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 222 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 226 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 231 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 235 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 239 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 243 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 247 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 251 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 256 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 260 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 264 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 269 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 274 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 278 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 282 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 286 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 290 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 294 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 298 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 302 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 307 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 311 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 315 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 319 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 323 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 327 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 331 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 335 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 339 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 343 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 347 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 351 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 355 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 359 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 363 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 367 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 371 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 375 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 379 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 383 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 387 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 391 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 395 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 399 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_050.html 404 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 59 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 65 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 92 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 106 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 116 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 131 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 144 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 152 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 172 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 180 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 193 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 207 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 224 36 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 237 36 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 251 36 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 269 36 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 285 36 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 294 36 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_060.html 304 36 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_061.html 46 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_061.html 50 34 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_061.html 58 35 Error while parsing file: attribute "value" not allowed here; expected attribute "class", "dir", "id", "lang", "style", "title" or "xml:lang" ERROR index_split_061.html 85 35 Error while parsing file: attribute " |
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09-07-2021, 07:36 PM
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#2 | ||
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Wizard
 Posts: 2,297
Karma: 12126329
Join Date: Jul 2012
Device: Kobo Forma, Nook
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Quote:
 Quote:
When you open the EPUB in Calibre's Editor, and take a look at the HTML, you may see something like this: Code:
<li value="100">Test</li>
Can't really give much more information unless you show the problematic HTML. Or give a sample EPUB so we can look closer. If you want, you could even run the Calibre plugin "ScrambleEbook" on it, then attach it to your post. |
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09-23-2021, 12:48 PM
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#3 |
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Junior Member
Posts: 6
Karma: 10
Join Date: Sep 2021
Device: callibre
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here is the html from one instance of the replicated mistake
<li value="2" class="block_63">a)After the letter has been sent, the mortgage servicer shall attempt to contact the borrower by telephone at least three times at different hours and on different days. Telephone calls shall be made to the primary telephone number on file.</li> |
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09-23-2021, 01:01 PM
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#4 | |
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Junior Member
Posts: 6
Karma: 10
Join Date: Sep 2021
Device: callibre
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Quote:
Code:
<html xmlns="http://www.w3.org/1999/xhtml" lang="en" xml:lang="en" data-lnum="2">
<head data-lnum="3">
<title data-lnum="4">__webengine_messages_pending__1</title>
<link rel="stylesheet" type="text/css" href="stylesheet.css" data-lnum="6" />
<link rel="stylesheet" type="text/css" href="page_styles.css" data-lnum="7" />
</head>
<body class="calibre" data-lnum="9">
<h1 id="id_Toc81226040" class="block_51" data-lnum="10">
</h1>
<h1 class="block_26" data-lnum="12"> </h1>
<h1 class="block_25" data-lnum="13">Trustee</h1>
<p class="block_20" data-lnum="14">On December 28, 2010, the trustee acting on behalf of Wells Fargo Bank filed the Notice of Default documents (See Exhibit 1a-c) stating they pertained to the Cal. Civ. Code 2924. This rule outlines the process and procedures that the financial institution is to follow to properly begin the Non-Judicial Foreclosure process in the state of California. This process had to be followed by Wells Fargo Bank due to the wording in the Deed of Trust contract. The wording of the contract states that the bank must follow the power of sale clause in the event of the need to foreclose. It is the power of sale clause that is defined in Cal. Civ. Code 2924.</p>
<p class="block_20" data-lnum="15">The documents included a declaration from Wells Fargo (See Exhibit 1a). In this declaration, they marked a box that stated that they complied with the Cal. Civ. Code 2923.5(g) to make every attempt to contact us to discuss the defaulted loan in order to find resolution in an alternate means, and the Notice of Default. The Notice of Default is also outlined in the Civil Code regarding the information that is to be included within the Notice.</p>
<p class="block_20" data-lnum="16">Declaration of non-monetary status in a legal dispute is the idea of eliminating a defendant based on their lack of legal and monetary interests in the case. This was the claim the defendant and original trustee, Golden West, was attempting to push through the court system. They claimed their innocence and therefore non-monetary status of their position of trustee.</p>
<p class="block_20" data-lnum="17">How could this be so far from the truth? The trustee is an integral part of a non-judicial foreclosure procedure. It is their job to keep both parties at arm’s length and make sure that both parties follow the civil procedural rules that govern the non-judicial foreclosure process. There are strict guidelines, dates, signatures, notices, and filings that must be adhered to in order to perfect the non-judicial foreclosure process. It is the job of the trustee to make sure that the paperwork being filed with the county recorder is correct and within the guidelines of the power of sale clause. This is the civil code that dictates the rules of the power of sale clause in California, known as Cal. Civ. Code § 2924.</p>
<p class="block_20" data-lnum="18">There are tasks that are to be completed by a beneficiary prior to acting on Cal. Civ. Code § 2924. These rules were set up by the state to make sure that the borrower would be informed, or that the beneficiary be able to document that every step is being taken to inform the borrower against the impending foreclosure process. </p>
<p class="block_20" data-lnum="19">There are rules set up whereby the beneficiary is to make every attempt possible to get in touch with the borrower to discuss options to rectify the debt and to make steps to bring things current in the possibility to avoid the foreclosure.</p>
<p class="block_20" data-lnum="20">In our case, we had been in contact with Wells Fargo on a weekly basis via phone, email, or fax for well over a year and a half as we had been discussing our financial difficulties with them. This process is known in the industry as a modification. We went through every attempt and every program available, but they continued to turn us down for one reason or another. There were times when we would be waiting for a decision and the bank would respond by saying that they were missing some documents. So, once again we would send out documents to fulfill their request, only to be turned down. This happened repeatedly. They would lose documents, misfile paperwork, claim they never received papers, finally get the package of correct papers, and quickly deny the modification. This meant we would have to find a new program that might be available and begin the entire process all over again.</p>
<p class="block_20" data-lnum="21"><span class="calibre3" data-lnum="21">Despite all of the mishandling of our files and private information on a continual basis by Wachovia, if we could modify things, we wouldn’t have to find ourselves in the position of dealing with a foreclosure. So, we finally took Wachovia’s advice and stopped paying the mortgage as they had instructed us. We felt assured that by doing so we would be in a better position for them to grant us a modification based on new rules or new programs.</span></p>
<p class="block_20" data-lnum="22">Modification was not their plan at all. Again, a misrepresentation of facts as they immediately filed a Notice of Default, defying all California non-judicial foreclosure rules.</p>
<p class="block_20" data-lnum="23"><span class="text_3" data-lnum="23">As we reviewed the Declaration document, I found a good legal website that I felt comfortable with and trusted where I could look up this kind of information. I was soon reading through the California Civil Code rule 2923.5, which they referred to in their Declaration, and you will find below. I read through all the other codes referenced within Cal. Civ. Code 2923.5. Using all the codes referenced I began piecing the puzzle together, but things weren’t making sense. It wasn’t easy to read through these codes and understand them. It took numerous reads, besides time to step back and try to digest all the legalese stated. It isn’t easy for a beginner, at all. I spent hours poring over this document alone and going through legal websites, legal definitions, codes, etc</span>. <span class="text_3" data-lnum="23">Until then, I was looking over things and thinking that even on the first document things weren’t adding up.</span></p>
<p class="block_20" data-lnum="24">If we had been in contact with Wachovia Mortgage, on a near daily basis during the past eighteen odd months discussing loan modification, then their use of section CCP 2923.5(g) was incorrect. (NOTE: You will find that it now pertains to section (e) in the current code shown below.) Therefore, filing this document with incorrect information is a fraud against, not only us, but also the court. They were denying us our legal right to remedy the situation.</p>
<p class="block_20" data-lnum="25">Only as things progressed did I realize how much fraud is done against borrowers and the court by all the lenders in the non-judicial foreclosure process, in the state of CA. When they file their documents, the lender is given the presumption of correctness as there is an independent party named as trustee who is entrusted to review all the information on the documents to be true and correct, so there is plenty of room for corruption and fraud to take place. But I digress.</p>
<p class="block_20" data-lnum="26">This section where it states, “Wells Fargo Bank, N.A., has tried with due diligence, as prescribed by California Civil Code Section 2923.5(g), to contact the borrower,” which they checked on their document, pertains to the section of the code that discusses all the ways in which the lender must attempt to contact the defaulted borrower. My initial question was why would they check this box stating that they had tried everything to contact the borrower but to no avail? In fact, we had been in contact with them frequently regarding loan modification for nearly two years. It didn’t make sense.</p>
<p class="block_20" data-lnum="27">You will find their reference to section (g) is now section (e) in the more current code, shown below. Notice all the requirements that are necessary to claim this section. They must have completed ALL the points listed in the section, not some of them, but ALL of them to legally check that box.</p>
<p class="block_20" data-lnum="28">At this point, this might seem trivial to you, as it did to us. We didn’t know at the time that EVERY point must be addressed to the court. EVERY false claim, every name, position, date, signature, everything becomes ammunition for a cause of action. Here we were on the very first page, just beginning this process and finding fraud. Little did we know how deep this went. Over time, researching and learning more about the process of a non-judicial foreclosure and the part that the trustee plays in the transaction, I kept coming back to the point that the trustee allowed a blatantly false document to be filed with the court and submitted to the County Recorder’s Office, allowing the lender to begin their non-judicial foreclosure against us.</p>
<p class="block_20" data-lnum="29">As I learned more about the process and read California Civil Code 2924, I kept thinking, “How could this happen if the trustee is independent?”</p>
<p class="block_23" data-lnum="30"> </p>
<p class="block_52" data-lnum="31">California Civil Code 2923.5</p>
<p class="block_30" data-lnum="32"> </p>
<div class="calibre8" data-lnum="33">
<div class="block_53" data-lnum="34">1) A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent may not record a notice of default pursuant to Section 2924 until both of the following:</div>
</div>
<p class="block_54" data-lnum="36"> </p>
<div class="calibre8" data-lnum="37">
<div class="block_53" data-lnum="38">a) Either 30 days after initial contact is made as required by paragraph </div>
</div>
<div class="calibre8" data-lnum="40">
<div class="block_53" data-lnum="41">(1) or 30 days after satisfying the due diligence requirements as described in subdivision (e).</div>
</div>
<p class="block_54" data-lnum="43"> </p>
<div class="calibre8" data-lnum="44">
<div class="block_53" data-lnum="45">b) The mortgage servicer complies with paragraph (1) of subdivision (a) of Section 2924.18, if the borrower has provided a complete application as defined in subdivision (d) of Section 2924.18.</div>
</div>
<p class="block_54" data-lnum="47"> </p>
<div class="calibre8" data-lnum="48">
<div class="block_55" data-lnum="49">2) A mortgage servicer shall contact the borrower in person or by telephone to assess the borrower’s financial situation and explore options for the borrower to avoid foreclosure. During the initial contact, the mortgage servicer shall advise the borrower that he or she has the right to request a subsequent meeting and, if requested, the mortgage servicer shall schedule the meeting to occur within 14 days. The assessment of the borrower’s financial situation and discussion of options may occur during the first contact, or at the subsequent meeting scheduled for that purpose. In either case, the borrower shall be provided the toll-free telephone number made available by the United States Department of Housing and Urban Development (HUD) to find a HUD-certified housing counseling agency. Any meeting may occur telephonically.</div>
</div>
<p class="block_56" data-lnum="51">b)A notice of default recorded pursuant to Section 2924 shall include a declaration that the mortgage servicer has contacted the borrower, has tried with due diligence to contact the borrower as required by this section, or that no contact was required because the individual did not meet the definition of “borrower” pursuant to subdivision (c) of Section 2920.5.</p>
<p class="block_56" data-lnum="52">(c)A mortgage servicer’s loss mitigation personnel may participate by telephone during any contact required by this section.</p>
<p class="block_57" data-lnum="53">(d)A borrower may designate, with consent given in writing, a HUD-certified housing counseling agency, attorney, or other advisor to discuss with the mortgage servicer, on the borrower’s behalf, the borrower’s financial situation and options for the borrower to avoid foreclosure. That contact made at the direction of the borrower shall satisfy the contact requirements of paragraph (2) of subdivision (a). Any loan modification or workout plan offered at the meeting by the mortgage servicer is subject to approval by the borrower.</p>
<p class="block_56" data-lnum="54">(e)A notice of default may be recorded pursuant to Section 2924 when a mortgage servicer has not contacted a borrower as required by paragraph (2) of subdivision (a) provided that the failure to contact the borrower occurred despite the due diligence of the mortgage servicer. For purposes of this section, “due diligence” shall require and mean all of the following:</p>
<div class="calibre8" data-lnum="55">
<div class="block_53" data-lnum="56"><span class="bullet_" data-lnum="56">3) </span><span class="calibre9" data-lnum="56">A mortgage servicer shall first attempt to contact a borrower by sending a first-class letter that includes the toll-free telephone number made available by HUD to find a HUD-certified housing counseling agency.</span></div>
</div>
<p class="block_54" data-lnum="58"> </p>
<div class="calibre8" data-lnum="59">
<div class="block_53" data-lnum="60"><span class="bullet_" data-lnum="60">4) </span><span class="calibre9" data-lnum="60">a) After the letter has been sent, the mortgage servicer shall attempt to contact the borrower by telephone at least three times at different hours and on different days. Telephone calls shall be made to the primary telephone number on file.</span></div>
</div>
<p class="block_58" data-lnum="62"> </p>
<div class="calibre8" data-lnum="63">
<div class="block_53" data-lnum="64"><span class="bullet_" data-lnum="64">b) </span><span class="calibre9" data-lnum="64">A mortgage servicer may attempt to contact a borrower using an automated system to dial borrowers, provided that, if the telephone call is answered, the call is connected to a live representative of the mortgage servicer.</span></div>
</div>
<p class="block_30" data-lnum="66"> </p>
<div class="calibre8" data-lnum="67">
<div class="block_53" data-lnum="68"><span class="bullet_" data-lnum="68">c) </span><span class="calibre9" data-lnum="68">A mortgage servicer satisfies the telephone contact requirements of this paragraph if it determines, after attempting contact pursuant to this, that the borrower’s primary telephone number and secondary telephone number or numbers on file, if any, have been disconnected.</span></div>
</div>
<p class="block_58" data-lnum="70"> </p>
<div class="calibre10" data-lnum="71">
<div class="block_53" data-lnum="72"><span class="bullet_" data-lnum="72">5) </span><span class="calibre9" data-lnum="72">If the borrower does not respond within two weeks after the telephone call requirements of paragraph (2) have been satisfied, the mortgage servicer shall then send a certified letter, with return receipt requested.</span></div>
</div>
<p class="block_30" data-lnum="74"> </p>
<div class="calibre8" data-lnum="75">
<div class="block_53" data-lnum="76"><span class="bullet_" data-lnum="76">6) </span><span class="calibre9" data-lnum="76">The mortgage servicer shall provide a means for the borrower to contact it in a timely manner, including a toll-free telephone number that will provide access to a live representative during business hours.</span></div>
</div>
<p class="block_58" data-lnum="78"> </p>
<div class="calibre8" data-lnum="79">
<div class="block_53" data-lnum="80"><span class="bullet_" data-lnum="80">7) </span><span class="calibre9" data-lnum="80">The mortgage servicer has posted a prominent link on the homepage of its Internet Web site, if any, to the following information:</span></div>
</div>
<p class="block_58" data-lnum="82"> </p>
<div class="calibre11" data-lnum="83">
<div class="block_53" data-lnum="84"><span class="bullet_" data-lnum="84">a) </span><span class="calibre9" data-lnum="84">Options that may be available to borrowers who are unable to afford their mortgage payments and who wish to avoid foreclosure, and instructions to borrowers advising them on steps to take to explore those options.</span></div>
</div>
<p class="block_59" data-lnum="86"> </p>
<div class="calibre11" data-lnum="87">
<div class="block_53" data-lnum="88"><span class="bullet_" data-lnum="88">b) </span><span class="calibre9" data-lnum="88">A list of financial documents borrowers should collect and be prepared to present to the mortgage servicer when discussing options for avoiding foreclosure.</span></div>
</div>
<p class="block_58" data-lnum="90"> </p>
<p class="block_30" data-lnum="91"> </p>
<div class="calibre8" data-lnum="92">
<div class="block_53" data-lnum="93"><span class="bullet_" data-lnum="93">c) </span><span class="calibre9" data-lnum="93">A toll-free telephone number for borrowers who wish to discuss options for avoiding foreclosure with their mortgage servicer.</span></div>
</div>
<p class="block_60" data-lnum="95"> </p>
<div class="calibre8" data-lnum="96">
<div class="block_53" data-lnum="97"><span class="bullet_" data-lnum="97">d) </span><span class="calibre9" data-lnum="97">The toll-free telephone number made available by HUD to find a HUD-certified housing counseling agency.</span></div>
</div>
<p class="block_61" data-lnum="99"> </p>
<div class="calibre8" data-lnum="100">
<div class="block_53" data-lnum="101"><span class="bullet_" data-lnum="101">e) </span><span class="calibre9" data-lnum="101">This section shall apply only to mortgages or deeds of trust described in Section 2924.15.</span></div>
</div>
<p class="block_61" data-lnum="103"> </p>
<div class="calibre8" data-lnum="104">
<div class="block_53" data-lnum="105"><span class="bullet_" data-lnum="105">f) </span><span class="calibre9" data-lnum="105">This section shall apply only to entities described in subdivision (b) of Section 2924.18.</span></div>
</div>
<p class="block_60" data-lnum="107"> </p>
<div class="calibre8" data-lnum="108">
<div class="block_53" data-lnum="109"><span class="bullet_" data-lnum="109">g) </span><span class="calibre9" data-lnum="109">This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2018, deletes, or extends that date. 2923.5. (a) (1) A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent may not record a notice of default pursuant to Section 2924 until both of the following:</span></div>
</div>
<p class="block_60" data-lnum="111"> </p>
<div class="calibre8" data-lnum="112">
<div class="block_53" data-lnum="113"><span class="bullet_" data-lnum="113">h) </span><span class="calibre9" data-lnum="113">Either 30 days after initial contact is made as required by paragraph (2) or 30 days after satisfying the due diligence requirements as described in subdivision (e).</span></div>
</div>
<p class="block_61" data-lnum="115"> </p>
<div class="calibre8" data-lnum="116">
<div class="block_53" data-lnum="117"><span class="bullet_" data-lnum="117">i) </span><span class="calibre9" data-lnum="117">The mortgage servicer complies with subdivision (a) of Section 2924.11, if the borrower has provided a complete application as defined in subdivision (f) of Section 2924.11.</span></div>
</div>
<p class="block_60" data-lnum="119"> </p>
<div class="calibre10" data-lnum="120">
<div class="block_53" data-lnum="121"><span class="bullet_" data-lnum="121">8) </span><span class="calibre9" data-lnum="121">a)<span class="calibre3" data-lnum="121"> </span>A mortgage servicer shall contact the borrower in person or by telephone to assess the borrower’s financial situation and explore options for the borrower to avoid foreclosure. During the initial contact, the mortgage servicer shall advise the borrower that he or she has the right to request a subsequent meeting and, if requested, the mortgage servicer shall schedule the meeting to occur within 14 days. The assessment of the borrower’s financial situation and discussion of options may occur during the first contact, or at the subsequent meeting scheduled for that purpose. In either case, the borrower shall be provided the toll-free telephone number made available by the United States Department of Housing and Urban Development (HUD) to find a HUD-certified housing counseling agency. Any meeting may occur telephonically.</span></div>
</div>
<p class="block_30" data-lnum="123"> </p>
<p class="block_62" data-lnum="124">(b)<span class="calibre3" data-lnum="124"> </span>A notice of default recorded pursuant to Section 2924 shall include a declaration that the mortgage servicer has contacted the borrower, has tried with due diligence to contact the borrower as required by this section, or that no contact was required because the individual did not meet the definition of “borrower” pursuant to subdivision (c) of Section 2920.5.</p>
<p class="block_62" data-lnum="125">(c) <span class="calibre3" data-lnum="125"> </span>A mortgage servicer’s loss mitigation personnel may participate by telephone during any contact required by this section.</p>
<p class="block_60" data-lnum="126"> </p>
<p class="block_62" data-lnum="127">(d) <span class="calibre3" data-lnum="127"> </span>A borrower may designate, with consent given in writing, a HUD-certified housing counseling agency, attorney, or other adviser to discuss with the mortgage servicer, on the borrower’s behalf, the borrower’s financial situation and options for the borrower to avoid foreclosure. That contact made at the direction of the borrower shall satisfy the contact requirements of paragraph (2) of subdivision (a). Any loan modification or workout plan offered at the meeting by the mortgage servicer is subject to approval by the borrower.</p>
<p class="block_60" data-lnum="128"> </p>
<p class="block_62" data-lnum="129">(e) <span class="calibre3" data-lnum="129"> </span>A notice of default may be recorded pursuant to Section 2924 when a mortgage servicer has not contacted a borrower as required by paragraph (2) of subdivision (a) provided that the failure to contact the borrower occurred despite the due diligence of the mortgage servicer. For purposes of this section, “due diligence” shall require and mean all of the following:</p>
<p class="block_30" data-lnum="130"> </p>
<ol class="list_" data-lnum="131">
<li class="block_63" data-lnum="132">A mortgage servicer shall first attempt to contact a borrower by sending a first-class letter that includes the toll-free telephone number made available by HUD to find a HUD-certified housing counseling agency.</li>
</ol>
<p class="block_64" data-lnum="134"> </p>
<ol class="list_" data-lnum="135">
<li value="2" class="block_63" data-lnum="136">a)After the letter has been sent, the mortgage servicer shall attempt to contact the borrower by telephone at least three times at different hours and on different days. Telephone calls shall be made to the primary telephone number on file.</li>
</ol>
<p class="block_30" data-lnum="138"> </p>
<div class="calibre10" data-lnum="139">
<div class="block_53" data-lnum="140"><span class="bullet_" data-lnum="140">9) </span><span class="calibre9" data-lnum="140">A mortgage servicer may attempt to contact a borrower using an automated system to dial borrowers, provided that, if the telephone call is answered, the call is connected to a live representative of the mortgage servicer.</span></div>
</div>
<p class="block_30" data-lnum="142"> </p>
<div class="calibre8" data-lnum="143">
<div class="block_53" data-lnum="144"><span class="bullet_" data-lnum="144">10) </span><span class="calibre9" data-lnum="144">A mortgage servicer satisfies the telephone contact requirements of this paragraph if it determines, after attempting contact pursuant to this paragraph that the borrower’s primary telephone number and secondary telephone number or numbers on file, if any, have been disconnected.</span></div>
</div>
<p class="block_58" data-lnum="146"> </p>
<p class="block_30" data-lnum="147"> </p>
<div class="calibre10" data-lnum="148">
<div class="block_53" data-lnum="149"><span class="bullet_" data-lnum="149">11) </span><span class="calibre9" data-lnum="149">If the borrower does not respond within two weeks after the telephone call requirements of paragraph (2) have been satisfied, the mortgage servicer shall then send a certified letter, with return receipt requested.</span></div>
</div>
<p class="block_30" data-lnum="151"> </p>
<div class="calibre8" data-lnum="152">
<div class="block_53" data-lnum="153"><span class="bullet_" data-lnum="153">12) </span><span class="calibre9" data-lnum="153">The mortgage servicer shall provide a means for the borrower to contact it in a timely manner, including a toll-free telephone number that will provide access to a live representative during business hours.</span></div>
</div>
<p class="block_58" data-lnum="155"> </p>
<div class="calibre8" data-lnum="156">
<div class="block_53" data-lnum="157"><span class="bullet_" data-lnum="157">13) </span><span class="calibre9" data-lnum="157">The mortgage servicer has posted a prominent link on the homepage of its Internet Web site, if any, to the following information:</span></div>
</div>
<p class="block_58" data-lnum="159"> </p>
<div class="calibre8" data-lnum="160">
<div class="block_53" data-lnum="161"><span class="bullet_" data-lnum="161">a) </span><span class="calibre9" data-lnum="161">Options that may be available to borrowers who are unable to afford their mortgage payments and who wish to avoid foreclosure, and instructions to borrowers advising them on steps to take to explore those options.</span></div>
</div>
<p class="block_60" data-lnum="163"> </p>
<div class="calibre8" data-lnum="164">
<div class="block_53" data-lnum="165"><span class="bullet_" data-lnum="165">b) </span><span class="calibre9" data-lnum="165">A list of financial documents borrowers should collect and be prepared to present to the mortgage servicer when discussing options for avoiding foreclosure.</span></div>
</div>
<p class="block_61" data-lnum="167"> </p>
<div class="calibre8" data-lnum="168">
<div class="block_53" data-lnum="169"><span class="bullet_" data-lnum="169">c) </span><span class="calibre9" data-lnum="169">A toll-free telephone number for borrowers who wish to discuss options for avoiding foreclosure with their mortgage servicer.</span></div>
</div>
<p class="block_61" data-lnum="171"> </p>
<div class="calibre8" data-lnum="172">
<div class="block_53" data-lnum="173"><span class="bullet_" data-lnum="173">d) </span><span class="calibre9" data-lnum="173">The toll-free telephone number made available by HUD to find a HUD-certified housing counseling agency.</span></div>
</div>
<p class="block_61" data-lnum="175"> </p>
<div class="calibre8" data-lnum="176">
<div class="block_53" data-lnum="177"><span class="bullet_" data-lnum="177">e) </span><span class="calibre9" data-lnum="177">This section shall apply only to mortgages or deeds of trust described in Section 2924.15.</span></div>
</div>
<p class="block_61" data-lnum="179"> </p>
<div class="calibre8" data-lnum="180">
<div class="block_55" data-lnum="181"><span class="bullet_" data-lnum="181">f) </span><span class="calibre9" data-lnum="181">This section shall become operative on January 1, 2018.</span></div>
</div>
<p class="block_23" data-lnum="183"> </p>
<p class="block_20" data-lnum="184">I removed this document, one of three pages that were in the #10 envelope and began to look things over. Remember, at this time in the process we didn’t know what we were doing. We didn’t understand what we were looking for. Because of this, all we could do was panic. We were numb and sitting on the couch trying to stay calm. Basically, we were getting documents stating that we will be losing our home. The hardest part for us to understand was that we were told by the lender to stop paying our mortgage so that we would qualify for a modification and within a month of that we had received these papers beginning the non-judicial foreclosure procedure on our home.</p>
<p class="block_20" data-lnum="185">One thing we noticed was the amount, which seemed arbitrary as we weren’t behind by that amount, so this was the first item we had questions about. The second thing was that there was a party on the document who had nothing to do with our mortgage whatsoever. NDEx West, LLC was a party we had no knowledge of or what they were doing participating in this process. You see, the trustee in our original note was not NDEx West, LLC. So, we had questions about that as well. We made a note of the trustee sale number and put this all in the folder we were beginning to put together for our case that wasn’t even an idea yet…</p>
<p class="block_20" data-lnum="186">I became antsy and had an idea, so I decided to head downtown to the County Recorder’s Office to see what had been recorded against our property. I really needed a chance to get out of the house and clear my head. Things were spinning around faster than I was able to maintain. I needed some air and something else to think about for a little while.</p>
<p class="block_20" data-lnum="187">Without any concept at the onset, this ended up becoming a good idea. What I learned from this was where the building was, how to access the computers at the County Recorder’s Office and how to get information on either a property or a person. I found out where to park and learned the office assistants’ names. I didn’t realize how important all this was and how it would come in handy as we moved forward. You see, by understanding my way around this office and its practices, as soon as things got filed and we eventually began our court case, we were able to get things handled quickly and efficiently. Sometimes, when you are really under a court deadline to file a document or research information, it is good to get some of the basics out of the way.</p>
<p class="block_20" data-lnum="188">So, we kept reviewing it repeatedly, taking notes on anything else we found suspicious or that didn’t seem clear to us. We did all this while reviewing the civil code that these documents were related to. That was California Civil Code 2924.</p>
<p class="block_23" data-lnum="189"> </p>
<p class="block_40" data-lnum="190">California Civil Code 2924</p>
<div class="calibre8" data-lnum="191">
<div class="block_53" data-lnum="192"><span class="bullet_" data-lnum="192">a) </span><span class="calibre9" data-lnum="192">Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be deemed a mortgage, except when in the case of personal property, it is accompanied by actual change of possession, in which case it is to be deemed a pledge. Where, by a mortgage created after July 27, 1917, of any estate in real property, other than an estate at will or for years, less than two, or in any transfer in trust made after July 27, 1917, of a like estate to secure the performance of an obligation, a power of sale is conferred upon the mortgagee, trustee, or any other person, to be exercised after a breach of the obligation for which that mortgage or transfer is a security, the power shall not be exercised except where the mortgage or transfer is made pursuant to an order, judgment, or decree of a court of record, or to secure the payment of bonds or other evidences of indebtedness authorized or permitted to be issued by the Commissioner of Corporations, or is made by a public utility subject to the provisions of the Public Utilities Act, until all of the following apply:</span></div>
</div>
<p class="block_30" data-lnum="194"> </p>
<div class="calibre8" data-lnum="195">
<div class="block_53" data-lnum="196"><span class="bullet_" data-lnum="196">1) </span><span class="calibre9" data-lnum="196">The trustee, mortgagee, or beneficiary, or any of their authorized agents shall first file for record, in the office of the recorder of each county wherein the mortgaged or trust property or some part or parcel thereof is situated, a notice of default. That notice of default shall include all the following: </span></div>
</div>
<p class="block_30" data-lnum="198"> </p>
<div class="calibre8" data-lnum="199">
<div class="block_53" data-lnum="200"><span class="bullet_" data-lnum="200">a) </span><span class="calibre9" data-lnum="200">A statement identifying the mortgage or deed of trust by stating the name or names of the trustor or trustors and giving the book and page, or instrument number, if applicable, where the mortgage or deed of trust is recorded or a description of the mortgaged or trust property.</span></div>
<div class="block_53" data-lnum="201"><span class="bullet_" data-lnum="201">b) </span><span class="calibre9" data-lnum="201">A statement that a breach of the obligation for which the mortgage or transfer in trust is security has occurred. </span></div>
<div class="block_53" data-lnum="202"><span class="bullet_" data-lnum="202">c) </span><span class="calibre9" data-lnum="202">A statement setting forth the nature of each breach known to the beneficiary and of his or her election to sell or cause to be sold the property to satisfy that obligation and any other obligation secured by the deed of trust or mortgage that is in default. </span></div>
<div class="block_53" data-lnum="203"><span class="bullet_" data-lnum="203">d) </span><span class="calibre9" data-lnum="203">If the default is curable pursuant to Section 2924c, the statement specified in paragraph (1) of subdivision (b) of Section 2924c.</span></div>
</div>
<p class="block_60" data-lnum="205"> </p>
<div class="calibre8" data-lnum="206">
<div class="block_53" data-lnum="207"><span class="bullet_" data-lnum="207">2) </span><span class="calibre9" data-lnum="207">Not less than three months shall elapse from the filing of the notice of default. </span></div>
</div>
<p class="block_30" data-lnum="209"> </p>
<div class="calibre8" data-lnum="210">
<div class="block_53" data-lnum="211"><span class="bullet_" data-lnum="211">3) </span><span class="calibre9" data-lnum="211">Except as provided in paragraph (4), after the lapse of the three months described in paragraph (2), the mortgagee, trustee, or other person authorized to take the sale shall give notice of sale, stating the time and place thereof, in the manner and for a time not less than that set forth in Section 2924f.</span></div>
</div>
<p class="block_30" data-lnum="213"> </p>
<div class="calibre8" data-lnum="214">
<div class="block_53" data-lnum="215"><span class="bullet_" data-lnum="215">4) </span><span class="calibre9" data-lnum="215">Notwithstanding paragraph (3), the mortgagee, trustee, or other person authorized to take sale may record a notice of sale pursuant to Section 2924f up to five days before the lapse of the three-month period described in paragraph (2), provided that the date of sale is no earlier than three months and 20 days after the recording of the notice of default.</span></div>
</div>
<p class="block_58" data-lnum="217"> </p>
<div class="calibre8" data-lnum="218">
<div class="block_53" data-lnum="219"><span class="bullet_" data-lnum="219">5) </span><span class="calibre9" data-lnum="219">Until January 1, 2018, whenever a sale is postponed for a period of at least 10 business days pursuant to Section 2924g, a mortgagee, beneficiary, or authorized agent shall provide written notice to a borrower regarding the new sale date and time, within five business days following the postponement. Information provided pursuant to this paragraph shall not constitute the public declaration required by subdivision (d) of Section 2924g. Failure to comply with this paragraph shall not invalidate any sale that would otherwise be valid under Section 2924f. This paragraph shall be inoperative on January 1, 2018. </span></div>
<div class="block_53" data-lnum="220"><span class="bullet_" data-lnum="220">6) </span><span class="calibre9" data-lnum="220">No entity shall record or cause a notice of default to be recorded or otherwise initiate the foreclosure process unless it is the holder of the beneficial interest under the mortgage or deed of trust, the original trustee, or the substituted trustee under the deed of trust, or the designated agent of the holder of the beneficial interest. No agent of the holder of the beneficial interest under the mortgage or deed of trust, original trustee, or substituted trustee under the deed of trust may record a notice of default or otherwise commence the foreclosure process except when acting within the scope of the beneficial interest. </span></div>
</div>
<p class="block_30" data-lnum="222"> </p>
<div class="calibre8" data-lnum="223">
<div class="block_53" data-lnum="224"><span class="bullet_" data-lnum="224">b) </span><span class="calibre9" data-lnum="224">In performing acts required by this article, the trustee shall incur no liability for any good faith error resulting from reliance on information provided in good faith by the beneficiary regarding the nature and the amount of the default under the secured obligation, deed of trust, or mortgage. In performing the acts required by this article, a trustee shall not be subject to Title1.6c (commencing with Section 1788) of Part 4.</span></div>
</div>
<p class="block_65" data-lnum="226"> </p>
<div class="calibre8" data-lnum="227">
<div class="block_53" data-lnum="228"><span class="bullet_" data-lnum="228">c) </span><span class="calibre9" data-lnum="228">A recital in the deed executed pursuant to the power of sale of compliance with all requirements of law regarding the mailing of copies of notices or the publication of a copy of the notice of default or the personal delivery of the copy of the notice of default or the posting of copies of the notice of sale or the publication of a copy thereof shall constitute prima facie evidence of compliance with these requirements and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value and without notice.</span></div>
</div>
<p class="block_58" data-lnum="230"> </p>
<div class="calibre8" data-lnum="231">
<div class="block_53" data-lnum="232"><span class="bullet_" data-lnum="232">d) </span><span class="calibre9" data-lnum="232">All of the following shall constitute privileged communications pursuant to Section 47: </span></div>
</div>
<p class="block_58" data-lnum="234"> </p>
<div class="calibre8" data-lnum="235">
<div class="block_53" data-lnum="236"><span class="bullet_" data-lnum="236">(1) </span><span class="calibre9" data-lnum="236">The mailing, publication, and delivery of notices as required by this section.</span></div>
</div>
<p class="block_66" data-lnum="238"> </p>
<div class="calibre8" data-lnum="239">
<div class="block_53" data-lnum="240"><span class="bullet_" data-lnum="240">(2) </span><span class="calibre9" data-lnum="240">Performance of the procedures set forth in this article.</span></div>
</div>
<p class="block_67" data-lnum="242"> </p>
<div class="calibre8" data-lnum="243">
<div class="block_53" data-lnum="244"><span class="bullet_" data-lnum="244">(3) </span><span class="calibre9" data-lnum="244">Performance of the functions and procedures set forth in this<br class="calibre12" data-lnum="244" />article if those functions and procedures are necessary to carry out the duties described in Sections 729.040, 729.050, and 729.080 of the Code of Civil Procedure.</span></div>
</div>
<div class="calibre8" data-lnum="246">
<div class="block_55" data-lnum="247"><span class="bullet_" data-lnum="247">e) </span><span class="calibre9" data-lnum="247">There is a rebuttable presumption that the beneficiary knew of all unpaid loan payments on the obligation owed to the beneficiary and secured by the deed of trust or mortgage subject to the notice of default. However, the failure to include a known default shall not invalidate the notice of sale and the beneficiary shall not be precluded from asserting a claim to this omitted default or defaults in a separate notice of default. (f) With respect to residential real property containing no more than four dwelling units, a separate document containing a summary of the notice of default information in English and the languages described in Section 1632 shall be attached to the notice of default provided to the mortgagor or trustor pursuant to Section 2923.3.</span></div>
</div>
<p class="block_23" data-lnum="249"> </p>
<p class="block_38" data-lnum="250">* * *</p>
<p class="block_45" data-lnum="251">Through our continual efforts of locating, faxing, emailing documents, and making phone calls—only to be put on hold for over an hour in a queue that eventually hangs up—we were seemingly ending one phase of the façade and entering a new one of litigation. Judging by the date on the document, attached here below, there wasn’t much time in between our modification counselor’s advice to stop paying the mortgage and the initiation of the foreclosure process. It made me go hmmm.</p>
<p class="block_20" data-lnum="252"><span class="text_3" data-lnum="252">I began reading as much as I could find about how to file a lawsuit without an attorney. There wasn’t much out there about this that I found very helpful. There was a lot of information, but there seemed to be little that was focused on the individual in this specific situation</span>. <span class="text_3" data-lnum="252">One thing we began to learn while researching was that the state of CA is a Deed of Trust state. This means that the loan is attached to a Deed of Trust, a document that uses the borrower’s property as security for the loan. To facilitate this process and contract agreement, the state included an independent third party, called a trustee, to be in the middle of the transaction in order to facilitate a reconveyance or foreclosure, and to protect both parties from being in possession of the title while the mortgage contract is in effect. The powers of the trustee come from a part within a Deed of Trust contract called the power of sale clause. The power of sale clause is written in the California Civil Code under section 2924. The Deed of Trust outlines the position of the trustee stating that its powers within the contract are derived from this code.</span></p>
<p class="block_20" data-lnum="253"><span class="text_3" data-lnum="253">The trustee’s position is to protect the borrower’s title from the lender having any control of the title throughout the life of the contract, and to then give the title back to the borrower upon a reconveyance of the mortgage. </span>This meant that <span class="text_3" data-lnum="253">after the borrower pays off that loan, the trustee is then instructed to give the title back to the borrower. The trustee is also part of the transaction to protect the lender in the event of a default by the borrower</span>, at<span class="text_3" data-lnum="253"> which time, the trustee is then given strict rules to follow from code 2924 that must be adhered to for the lender to commence a non-judicial foreclosure action properly and legally.</span></p>
<p class="block_45" data-lnum="254">We also found that the homeowner must file a lawsuit against the bank in a foreclosure action because the state is a non-judicial foreclosure state. In other words, the legal system in the state of California has entrusted the “too big to fail” financial institutions with the presumption of correctness in the documents that they must file to the County Recorder’s Office to substantiate and initiate a foreclosure. Because the trustee is charged with making sure that all documents to be filed by the foreclosing party are true and correct and that all actions according to those documents have been verified, it is assumed that is indeed the case. In theory, a non-judicial foreclosure process is designed for mitigation of the litigation in the courts. This presumption of correctness is due to the check and balance structure via the trustee that was designed to alleviate taking all the foreclosures into the courtrooms. The only recourse a borrower might have when they find that the foreclosing party is wrongly foreclosing on them is to file a lawsuit against them for wrongful foreclosure, fraud, or other complaints.</p>
<p class="block_20" data-lnum="255"><span class="text_3" data-lnum="255">Therefore, we began thinking, how could this document be filed by the trustee if the statements made within the document are incorrect?</span> What I found interesting in this document was that the bank was declaring that it complied with California Civil Code section 2923.5 to fulfil the bank’s obligations with the rules of a non-judicial foreclosure. The funny thing that struck me was that they checked the box that stated they complied with code section 2923.5(g).</p>
<p id="id_headingh2s8eyo1" class="block_45" data-lnum="256">The trustee is there, as an independent party within the transaction, to oversee the non-judicial foreclosure process and verify the accuracy of documents and actions that are to be followed by the lender in order to foreclose on a defaulted borrower properly and legally. The trustee is then responsible to affirm the accuracy of the documents to be submitted by the lender. The trustee then gives those approved documents to a title company to file on behalf of the lender as true and correct. Then, the title company files those documents with the County Recorder’s Office. In theory, this check and balance process is designed to keep all this cumbersome paperwork out of the courts.</p>
<p class="block_20" data-lnum="257"><span class="text_3" data-lnum="257">One thing I had read when I began doing my initial research was to review every word</span> and to<span class="text_3" data-lnum="257"> tear apart every sentence. If the document said that the bank did something, make sure they did what they said they stated.</span></p>
<p class="block_45" data-lnum="258">As I stated previously, the Notice of Default (“NOD”) had three pages (See Exhibit 1a-c). As we researched the rules about this CCP 2923.5 that was mentioned in the declaration, and associated rules CCP 2924 that was mentioned within 2923.5 and others we investigated, we wanted to make sure that the paperwork complied with the rules. We were so new at this we didn’t quite know what we were looking for. Remember, this was January 2011. There had been a lot of news about corruption at this point, however, the courts were siding with the banks, and the press was claiming that the problems with the economy were based on homeowners failing and trying to cheat the system. The system was winning.</p>
<p class="block_45" data-lnum="259">We scoured the Notice of Default. It now seemed to be naming all the players, although, when we got out our Deed of Trust and cross-referenced the information, we found some names we didn’t recognize. There was a firm called NDEx West, LLC, and a title company named LSI Title that we had no reference to in the original Deed of Trust (See Exhibit 3). We began making notes and writing these bits of information down. No matter how confusing, ridiculous, or minute the information was, we wanted to make sure we had referenced every detail in order to look things up later.</p>
<p id="id_Toc81226041" class="block_45" data-lnum="260">I also found that they were referring to our second note, or the line of credit that we had taken out against the home for repairs and renovation. The amount of that note was $100,000. However, it was noted in this document that the delinquency was due against the senior lien. It also stated the date of delinquency was 02/15/2011 on this note. That seemed odd, since we were current until the bank recently told us to stop paying in order for modification. So, the note didn’t correspond, the amount due on that note didn’t correspond, the dates didn’t correspond, and some of the players in this charade didn’t correspond. The timing seemed off due to the nature of our modification process that we had been going through, as it was so soon after we were told by the bank to stop paying our mortgage to comply with the needs of the modification process. We wrote down the numbers on the pages, the names on the pages, the Civil Codes referenced within the documents, the dates, the signatures… everything started to become part of our notes. Now, we needed to figure out what to do with that information.</p>
<p class="block_47" id="calibre_pb_14" data-lnum="261"> </p>
</body><style></style><style type="text/css">[data-in-split-mode="1"] [data-is-block="1"]:hover { cursor: pointer !important; border-top: solid 5px green !important }</style></html>
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09-23-2021, 01:23 PM
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Bibliophagist
Posts: 35,301
Karma: 145435140
Join Date: Jul 2010
Location: Vancouver
Device: Kobo Sage, Forma, Clara HD, Lenovo M8 FHD, Paperwhite 4, Tolino epos
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What is the purpose of identifying each line in your code using the "data-lnum="xxx""?
Are you creating a web page or an ebook? |
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09-23-2021, 04:26 PM
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#6 | |
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Grand Sorcerer
Posts: 6,496
Karma: 84420419
Join Date: Nov 2011
Location: Tampa Bay, Florida
Device: Kindles
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09-23-2021, 04:30 PM
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#7 | ||
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Wizard
Posts: 2,297
Karma: 12126329
Join Date: Jul 2012
Device: Kobo Forma, Nook
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Quote:
1. Press Ctrl+F to get the Find/Replace. 2. Make sure Mode: "Regex" is set in the dropdown. 3. Type these into the boxes, then press Replace All: Find: value="\d+" Replace: <----- (PUT NOTHING IN HERE. BLANK.) Find: data-lnum="\d+" Replace: <----- (PUT NOTHING IN HERE. BLANK.) That should remove those errors. 4. Make sure to put Mode back to "Normal". - - - - - - Side Note: In your EPUB's code, I also see a lot of: Code:
<p class="block_58" data-lnum="78"> </p> [...] <p class="block_59" data-lnum="86"> </p> (When readers change the font sizes + paragraph spacing, these "blank paragraphs" are going to explode.) Why does this occur? When you are typing in Word (or Google Docs, or LibreOffice, etc.), you're pressing "ENTER ENTER ENTER" between every paragraph. How to avoid? Instead, you should be designing your documents using Styles. Instead of constantly typing:
With Styles, you are able to type your entire document out, and then say:
The entire document will update in a single shot. NO MORE ENTER ENTER ENTERS!!!  These are 2 videos I found very helpful on the why/how of Styles: Word 2013: Use Quick Styles How to REALLY use Microsoft Office: Word Styles 101 and I wrote quite a bit about it in this thread last year: "eBook Formatting in Sigil" (Specifically my Posts #46 + #50 + #52) Quote:
Looks like every individual item is tagged with that chronologically. (Could be a hidden paragraph count?) Anyway, it's invalid in EPUB, so it's got to go anyway. Last edited by Tex2002ans; 09-23-2021 at 04:32 PM. |
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09-23-2021, 05:53 PM
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#8 |
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the rook, bossing Never.
Posts: 11,080
Karma: 85874891
Join Date: Jun 2017
Location: Ireland
Device: All 4 Kinds: epub eink, Kindle, android eink, NxtPaper11
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I replace ^$ with nothing in regex mode in my word processor. Removes all blank lines (empty enter)
All decent word processors have paragraph styles where you can change the top or bottom margin or both. Google Docs is a tool to collaborate. It's a rubbish solution for one person with Mac, Windows or Linux compared to MS Word or free LO Writer. Last edited by Quoth; 09-23-2021 at 05:55 PM. |
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09-23-2021, 07:11 PM
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#9 | ||
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Wizard
Posts: 2,297
Karma: 12126329
Join Date: Jul 2012
Device: Kobo Forma, Nook
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Quote:
 Or you can always View > Formatting Marks and see all the pilcrows ¶ appear. * * * In katknott's code, it was actually paragraphs with a single nbsp (Non-Breaking Space)... So I'm assuming they deliberately tried to add "gaps" that stuck. So maybe they typed: ENTER + SPACE + ENTER after every line... lol. Side Note: I forget how to search for nbsp in Word/LibreOffice. Does a normal space match? Or would you have to use a special symbol? Quote:
The syncing on any of your devices is great, so you can type on your computer, phone, etc., and have everything synced and up to date "in the cloud". And it makes it easy to share a document/URL with someone (better than attachments, manually versioning files, etc.). While Google Docs has many issues:
For a normal person, it's fine. Advanced users? Yeah, you might have lots of missing settings/niceties that would be better handled in Word/LibreOffice. Lacking in many fronts? Yes. But trash? No. Last edited by Tex2002ans; 09-23-2021 at 07:16 PM. |
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09-24-2021, 07:49 AM
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#10 | |
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the rook, bossing Never.
Posts: 11,080
Karma: 85874891
Join Date: Jun 2017
Location: Ireland
Device: All 4 Kinds: epub eink, Kindle, android eink, NxtPaper11
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In LO Writer:
Control-Shift-Space puts a grey mark. Even if display formatting is off. Unless I've reprogrammed it: Quote:
I don't believe in them for ebooks or PDFs or PDFs for paper. I suppose they are useful in real web pages. I've used email since 1987 for documents and even on phones since 2000. From 75 bps to 14.4 bps. My Internet was only 19.2 kbps till the end of 2005. I use 1 Gbps LAN, private, to move content between computers. My broadband is 8 Mbps and not always available. I've used Google Docs in the past because an organisation I was in used it. I accept some individuals find Google Docs fine, but lots of people use Web mail or Word like a glass typewriter. Also privacy. Can Google be trusted? Why is it free? There is no assurance in a few minutes time that you won't lose a mobile or broadband connection. Google & MS Cloud uptime is far worse than my attic server. I've had a real server at home since 1995. Before that it was one PC with Win3.1x sharing. Last edited by Quoth; 09-24-2021 at 07:58 AM. |
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09-24-2021, 09:28 AM
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#11 | |
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Junior Member
Posts: 6
Karma: 10
Join Date: Sep 2021
Device: callibre
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09-24-2021, 09:39 AM
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#12 | |
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Junior Member
Posts: 6
Karma: 10
Join Date: Sep 2021
Device: callibre
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Quote:
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09-24-2021, 03:54 PM
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#13 | ||||
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Wizard
Posts: 2,297
Karma: 12126329
Join Date: Jul 2012
Device: Kobo Forma, Nook
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Quote:
A refresher of word processor (Word/LibreOffice) stuff? Or basics of EPUB + HTML/CSS? If EPUB, I don't really know of any good (and up-to-date) tutorial-type things. But a lot of ebook stuff is just knowing the basics of HTML and CSS. Side Note: Back in 2018, I had a project to digitize 100 ebooks within a year. I did train a few editors (who knew absolutely nothing about HTML) in HTML/CSS + basics of ebooks. I called it "Clean Ebooks, Workflows, and HTML". If you want to see those slides, let me know. (But it may be more basic than your knowledge level.) * * * My mentality is KISS (Keep It Simple Stupid). Strip everything down to the very bare bones, so your ebook is full of simple HTML:
From there, all you typically need is a handful of exceptions:
And the key thing is, human-readable names! So this is your original code: Code:
<div class="block_53" data-lnum="219"><span class="bullet_" data-lnum="219">5) </span><span class="calibre9" data-lnum="219">Until January 1, 2018, [...] <div class="block_53" data-lnum="220"><span class="bullet_" data-lnum="220">6) </span><span class="calibre9" data-lnum="220">No entity shall record Spoiler:
<div class="block_##"> + some random numbers? Nope. Use simple HTML + a <p>: Spoiler:
<span class="bullet_">, but it's actually a list number? REMOVE: Spoiler:
<span class="calibre"> that's probably only saying "this is normal text"? Toss it! Code:
<p>5) Until January 1, 2018, [...] <p>6) No entity shall record Look how much cleaner and more readable that is. And guess what, it'll work great on an actual ereader. * * * ... Anyway, if you're interested in a "basics of ebook" tutorial: I may be open for meeting on webcam some time next week. I could then see:
And testing out some conversion stuff live. Every single input/output format is going to require slightly different tools/methods. Quote:
Yes, the text may "look okay" on the screen, but the innards are horrible. Note: If you're more comfortable in the word processors (Word/LibreOffice): You may want to do cleaning + Styles there instead. THEN when you output to EPUB, you'll have much cleaner HTML to work with. Side Note: And this looks to be a legal document with lots of nested lists... huge lists+large-negative-indents don't play very nicely in EPUB... You'd probably have to adjust a lot of that text anyway so it can be read on tall/skinny things like cellphones or IN HUGE FONT SIZES. Quote:
Thanks.Quote:
Side Note: Yesterday, I watched a presentation at LibreOffice's 2021 conference. Within the past decade: The old-school desktop suites, down, down, down. Cloud-based + Mobile stuff, up, up, up. Back in 2017:
Those trajectories have only grown since then. (And with the last year and a half, free/open programs have only gotten much stronger.) Side Note #2: ... Even many of the kids going into COLLEGE have now grown up on:
Multi-device editing is currently the present/future. Old school Word + only-typing-on-my-desktop-computer is so 10/20/40 years ago.
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09-24-2021, 06:43 PM
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#14 | |
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the rook, bossing Never.
Posts: 11,080
Karma: 85874891
Join Date: Jun 2017
Location: Ireland
Device: All 4 Kinds: epub eink, Kindle, android eink, NxtPaper11
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Quote:
https://www.corvidspress.com/fiction...silver-lining/ It's about how ALL the Clouds and Internet can go down at once. It won't be an apocalypse and the truth is that the Cloud is already less reliable than decent in house resources, can cost more, be less private and less secure. The security and privacy is opaque. There ARE good uses for the Cloud and Cloud based editing. But not as much as is claimed. |
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09-24-2021, 10:15 PM
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#15 | |
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Wizard
Posts: 2,297
Karma: 12126329
Join Date: Jul 2012
Device: Kobo Forma, Nook
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Quote:
For example, I mostly use it for my ebook changelogs. I can easily keep the latest up-to-date links/URLs up top + all the latest typo corrections. Anyone with the link can see the latest version. I can login to my phone and do a quick little update. Would I type my entire book on it? Probably not. Would I use it to easily share + get comments on the text? Yes. Would I use it for minor files (like changelogs)? Yep. Would I use Google Docs as an intermediate format and F-up my Styles? No. Anyway, they're becoming larger and larger pieces of the market, no doubt about that. While typical desktop-only is shrinking. (Same with desktop usage in general. It's being DWARFED by mobile devices.) Last edited by Tex2002ans; 09-24-2021 at 11:39 PM. |
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