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UD Counterclaim Ex

UD Counterclaim Ex

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Published by AndyJackson
Not to be construed as legal advice, for entertainment purposes only.
Not to be construed as legal advice, for entertainment purposes only.

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Published by: AndyJackson on Dec 31, 2009
Copyright:Attribution Non-commercial


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Jane Doe7512 Happy Valley View AvenuePleasantville, CaliforniaSUPERIOR COURT, STATE OF CALIFORNIACOUNTY OF SONOMAUS BANK NATIONAL ASSOCIATION(AS TRUSTEE) ))Plaintiff ))vs. ))JANE DOE,DOES 1-100 ))Defendant ) Case no. MxxxxxXXXJane Doe ))Counter-Plaintiff ))vs. ))US BANK NATIONAL ASSOCIATION, ) Counter Claim or Cross ComplaintEt.Al. )) TrespassCounter-Defendant ) Trespass on the Case
In the Common Law and For the Record, Know all Men By These Presents:Comes now, one Jane Doe, one of the people of California and in this Court of Record, does complainthat: SUPERIOR COURT, STATE OF CALIFORNIA, COUNTY OF SONOMA has exceeded it’s jurisdiction and that US BANK NATIONAL ASSOCIATION has not proven it has a claim for whichrelief can be granted, by failing to prove [it’s] right of possession, in it’s complaint for unlawfuldetainer, and has committed
Trespass and Trespass
on the Case against me and I have been injured by their fraudulent attempt to unlawfully take valuable assets in excess of $500,000 from me, I seek 1234567891011121314151617181920212223242526272829303132333435363738394041
treble the damages they seek to take from me, or 
One and One-half million ($1,500,000) dollars indamages
.The documents sent to the Principals, including but not limited to the alleged Lender [RESIDENTIALMORTGAGE CAPITAL and it’s assign INDY MAC BANK], and attorney Cisneros (representing thealleged current ‘Lender’) the alleged Trustee [CHICAGO TITLE COMPANY], and the allegedBeneficiary [“MERS”] included:
copies of all documents
that were recorded under Recorder’snumber 2009.XXXXXXXXX,
and exhibits A, B, and C
all of which are attached as evidence in thisCounterClaim. These documents were sent Registered or Certified Mail to the Principals with ‘proof of service’. Also attached in this Counterclaim are Exhibits ‘E’,’F’,‘G’, and copies of the originalPromissory Note, and Deed of Trust.I, one Jane Doe decree the requirements for a lawful contract are: 1. a “meeting of the minds” must bein effect, a full disclosure by each party to the contract of all it’s aspects, 2. an exchange of “valuableconsideration” must take place, and 3. two or more wet-ink signatures must be signed by flesh and blood people (either directly or as agents) under the full commercial liability of each party.The Principals involved in the Promissory Note and Deed of Trust had no authority to claim Jane Doeowed them a debt as no proof of claim was ever shown to exist. Fraud by a corporation vitiates andmakes ultra vires any contract in touches. The Law leaves wrongdoers where it finds them.“There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents,and even judgments.” US vs Throckmorton, 98 U.S. 61.
1.US BANK NATIONAL ASSOCIATION has committed fraud by claiming to the SONOMACOUNTY SUPERIOR COURT that they are the “TRUSTEE” of record for the Mortgage Deeddescribed in the documentation attached as “Notice of [Cancellation], [Revocation of Power of Attorney], and [Removal of Trustee and Beneficiary]” when they are
named as such in the originalDeed of Trust and no required ‘Notice’ was ever received by Jane Doe of their being appointed to the position.2. The Trustor, Jane Doe has removed the original Trustee and or any assigns as noted in theamendment to the Mortgage Deed of Trust, signed and Notarized on September 28
, 2009.1234567891011121314151617181920212223242526272829303132
3.The instruments were recorded into the Public Record in Texas on 10/05/2009 and can be seenonline at National Republic Registry.com as Recorders’ # ZZZZZZZZZZZ @ 14:19:36.4.The Sonoma County Recorder had refused to Record the documents as outlined in Affidavit ‘R’.5.All Principals have received the document package sent Registered Mail or Certified Mail with‘proof of service’, and neither rebuttal, nor objection has been received. The Trustee of record on theoriginal Deed of Trust received the documents on 10/01/09 and the attorneys claiming to represent theassigned ‘Lender’ (INDYMAC/ONE WEST BANK) received the documents on 10/05/09.6.The entity known as US BANK NATIONAL ASSOCIATION is trying to fraudulently take possession of real property (which is part of the valuable assets created by the energy of Jane Doeworth in excess of $500,000) as can easily be proven by a complete forensic accounting of thedocuments involved in the Mortgage Deed of Trust and Promissory Note associated with it. Forms provided by RESIDENTIAL MORTGAGE CAPITAL the original alleged “Lender” should include aFR2046 (showing the original balance sheet), an IRS form 1099OID which will identify who the principal funds originated from, which capital and interest was taken and who the recipient of the fundsis, and who is holding the account in escrow, unadjusted. Form S3-A (registration) to show if, whenand where the Promissory Note was sold. The 424 B-5 prospectus (security filing), RC-S and RC-Bcall schedules, and FAS 125, 133, 140, 5, and 95 forms are required.7.The alleged “Lender”, “Trustee”, and “Beneficiary” have neither produced any evidence thatthey are the ‘holder in due course’ of the original ‘wet-ink’ signed Promissory Note, and Deed of Trustdocuments nor shown they actually have a proof of claim to a debt owed to them.Attachments are: 1.All Recorded ‘Notices’,’addendums’, etc. (6 pages), 2. copies of ‘Proof of Service’,and Registered or Certified mail numbers, 3.Exhibits ‘A’, ‘B’, ‘C’, originally mailed to the Principals,4. Original Loan Documents, and Points and Authorities of Jane Doe.The Plaintiff’s remedy is to: prove authority to act as Trustee and that the alleged ‘loan’ was a lawfulcontract, or pay the Damages requested.Further more I say not, this day _________, in the month of ___________, 2009.Witness my hand and seal:Without Prejudice,By:___________________ Trustor/authorized representative

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