Law Offices of Charles T. Marshall (HAR No. 176091)
415 Laurel St. #405
San Diego, CA., 92191
619-807-2628/340-888-9600 ext. 101
Fax: 966-575-7413
Date: August 3", 2015
Via U.S. Certified Mail, RRR; U.S. Mail First Clas
CLEAR RECON CORP.
4375 JUTLAND DR., #200, SAN DIEGO, CA... 92117
RESIDENTIAL CREDIT SOLUTIONS, INC.
Po box 163229, Ft. Worth, TX., 76161-3229
Re: Real Property: 158 N. CENTER ST., ORANGE, CA., 92866
APN 039-253-16
TS No @24491-CA
Trustor VALERIE LOPEZ
Sale Date : AUGUST 18, 2015
NOTICE OF INVALID INSTRUMENT(S), NOTICE OF FALSE CREDIT
REPORTING 15 U.S.C. § 1681 (FCRA) AND NOTICE TO CEASE AND DESIST;
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
Re: Loan No. 2001237048-Principal Loan: $692,000.00- Orig, Date: 10/26/2005
Dear CLEAR RECON CORP AND RESIDENTIAL CREDIT SOLUTIONS, INC
My law firm has been retained by the trustor. VALERIE LOPEZ, the owner of the real properts
identified above. As the purported trustee and loan service’ on the deed of trust seeured on the al
property, you ae acting as agent for both the Lender and Trustor. You carry an equal duty 1 the
Trustor under the strict terms of the deed under which you purport to operate:
“The shove identified consumer credit account is being falsely reported by your Principal/Loan
Servicer who does not have the authority, as directed by a valid beneficiary, to report aty
sformation concerning the above entitled consumer finance transaction. A reinvestigation oF he
account is demanded by the consumer and: competent und reli ible evidence is required to be
produoed and defivered to the consumer and all three (3) CRA's that authenticates that a valid
beneficiary has actually paid valuable consideration for the debt obligation st nd that the beneficiary
Beg hens ee ee oc ese oe gomedia ay
SERVICER GENERATED COMPUTER FILES ARE NOT ACCEPTABLE UNDER RE
‘AB 1122 (US, SECURITIES & EXCHANGE COMMISSION REGULATION AB § 1122)
~ Page 1Your Notice of Default (“NOD”) and other significant title documents in the record fail to
comply with California Civil Code § 2924.17(a) “every significant document recorded within the
non-judicial foreclosure system the morgage servicer will ensure that the document is accurate
and complete and supported by comperent and reliable evidence.” Under Civil Code § 2924.17(b)
“the mortgage servicer shail ensure that it has reviewed! compeient and reliable evidence 10
substantiate the borrowers default and the right io foreclose.” Thus, we understand that your notice
does not invoke the statute at California Civil Code § 2924 et. seq.
PLEASE TAKE NOTICE that pursuant to the contract deed of trust as it governs the parties to
the contract herein, you are in Breach of said contract and under the deed of trust section,
“NOTICES”, Trustor hereby gives notice to Agent, Notice to agent is Notice to principal. Trustor
was never noticed of their right to assert the non-existence of a default thirty (30) days prior to
the acceleration of the debt (See sec. 22, deed of trust). Thus, a contractual condition precedent
hhas been materially breached by you and your Principal(s). Also. under the contract deed of trust,
only the “Lender” or its lawful assigns may authorize actions under the contract. The “Lender”
has not authorized the above named entities to perform any duties or actions under the contract.
‘Trustor is informing you that: A) The beneficiary has never declared a default of the above
identified loan, anc }) All proceeds due have been accepted and applied by the purported
Deneficiary and all payments under the contract are fulfilled per the strict language of the
contract. Third party payments have extinguished the monthly obligations as contemplated by
Cal. Civ. Code § 2924c (a)(1)(2): (“Uf the rrusior, mortgagor. or other person authorized 10 cure
the default pursuant to ihis subdivision does cure the default, the beneficiary or mortgagee or the
agent for the beneficiary or mortgagee shall, within 2! days following the reinstatement, execute
and deliver 10 the trusiee @ notice of rescission which rescinds the declaration of default and
demand for sale and advises the trustee of the date of reinstatement. The trustee shall cause the
notice of rescission to be recorded within 30 days of receipt of the notice of rescission and of all
allowable fees and costs.”), You are now directed to rescind the NOD and cause Notice to all
credit_agencies of such rescission and 1» immediately correct _all previously reported
Begative credit information to all three credit reporting ag: sncies as named below.
‘You now have notice of facts (id.) that constitutes “required notice” under FORA $1681 et. seq,
By your recording of the false filed instruments, you are in violation of consumer's contract and
the Fair Credit Reporting Act (codified at 15 U.S.C. §1681 et. Seq.). You have caused false
information to be reported to credit reporting agencies ("CRA’s") against borrower's interests.
You now have a duty, under NOTICE, to provide competent and reliable evidence as 10 the
source, veracity and ruthfulness of all facts contained within all relevant title instruments
recorded, You are hereby instructed by Trustor to “Deliver” to Trustor. or his/her authorized
agent, a certified copy of the “Declaration of Default and Demand for Sule”. as described in the
Notice of Default executed by your Company. This “Declaration” must be executed by the
Beneficiary (not the loan servicer), as specified in your Notice of Default, and also must verify
the Beneficiary’s accounting for each payment received and applied (Rey, AB § 1122). regardless
of the source of the payment, pursuant to the strict langue
e of the Deed of Trust and Note. You
‘must also deliver the competent and reliable evidence upon which you relied that authenticates
all statements of fact within assignments of deed of rust and substitution of trustee by @ person
with personal, first-hand knowledge of those facts by operation of aw in California,
-~ — Page 2*THE PURPORTED LOAN SERVICER IS NOT THE BENEFICIARY. ANY
ALLEGATION OF AGENCY BETWEEN THOSE TWO PARTIES IS y
ALLEGATI SIS DISPUTED BY
‘The “Delivery” of the “Declaration of Default” must comply with California Civil Code §
2943 et. seq. requirements. Trustor requires that a “Beneficiary Statement”, as defined by
Civil Code § 2943(a)(1), (2)(A), be “Delivered” within the meaning of the same Code
section(s). Trustor is an “Entitled Person” under the same Code. Trustor also requires a
“Payoff Demand statement” as defined in the same Code. Trustor requires, under the same
Code, id: § 2943(b)(1): A beneficiary, or his or her authorized agent, shall, within 21 days
of the receipt of a written demand by an entitled person or his or her authorized agent,
prepare and deliver to the person demanding it a true, correct, and complete copy of the
note or other evidence of indebtedness with any modification thereto, and a beneficiary
statement.
Trustor gives NOTICE that the purported trustee is not authorized lawfully as the trustee of
Trustor's deed of trust. Any further acts on your part constitute acts taken with valid notice of
such Ulira Vires acts
PLEASE TAKE NOTICE that your reliance on any “good faith” information provided to you
by the purported beneficiary under Cal. Civil Code § 2924 is hereby deemed disputed and denied
by Trustor. You have not invoked the statute at Cal. Civil Code § 2924.
PLEASE TAKE NOTICE the NOD, as filed for record, is rejected for cause and is not accepted
by the Trustor, The NOD, Document # 2015000168503, is false and cause for rejection is as
follows:
1. The amount due, alleged in the filed instrument, is incorrect and false, Neither the
beneficiary nor its (stated) agent/nominee has accounted for the amounts accurately
And;
2, Your agent, “BERNIS GONYEA” has made 2 false statement that he/she, as an
alleged agent for the beneficiary. has received from the beneficiary a statement
“That by reason thereof the present beneficiary under such deed of trust has executed
and delivered to said duly appointed trustee a written Declaration of Default...
You now have specific knowledge that a “written Declaration of Default and Demand for
Sale” has never been evidenced, executed or delivered to the: consumer, a valid loan services
(Your principal) orto the trustee. Your failure to timely evidence such a written Declaration shal
get as an admission that, in fact, no such Declaration was ever received by you (trustee) nor
executed by the actual, yerified and authenticated, beneficiary. Trustor states as a fact, in
repudiation, that no such Declaration has been evidenced or exists, as made by a bona fide
beneficiary to the debt obligation.
‘The obligation was performing per contract provisions at the time of the execution ofthe subject
Note
Page 3If any attempt is made to execute a Trustee Sale of Trustor’s property, you will be acting with
Notice of invalid Filed Instruments and of debt disputed by the Trustor. Please be advised that,
because of and consequent to this Notice of invalid Filed Instruments, the trustee, the credit
reporting agencies and purported loan servicer are exposed to full liability, jointly and severally,
along with the authenticated Beneficiary(s) and/or affiliated entities for any damages that may.
in the future, be awarded for filing false instruments, breach of contract, HBOR/FCRA claims or
wrongfal foreclosure/Tort.
PLEASE TAKE NOTICE that the purported Trustee and purported loan servicer are in criminal
violation of Cal. Penal Code §115.5, filing false Instruments, You are hereby demanded 10
immediately remove al. recorded instruments executed by your companies from the publie record
‘permanently and to cause public notice of stich Reseission to be effected immediately
PLEASE BE ADVISED this is not a request for postponement of sale: it is a Demand for
Rescission of Filed Instruments as identified herein. If the filed instruments are not removed from
the Recorders’ Office within 30 days of receipt of this Notice, Trustor shall commence an aetion
for their removal by Court Order and for other relief as described above. Trustor shall seek
financial damages as justified against the purported loan servicer and trustee.
‘The Credit Reporting Agencies have been noticed and shall convey your duty to investigate. You and
your principal now havea duty under 15 U.S.C. § 1681i (a)(1) to timely and accurately reinvestigate
these issues Pursuant to 15 U.S.C. § 1681s-2 (E) (iii) and (iv) and to issue your findings, timely, to
trustor and their agent and the three (3) CRA’s (listed below).
Sincerely,
#S/.Charles T. Marshall
Atomey of record
Ce: Experisn/Consumer Dispute, NCAC, PO Box 9701, Allen Tx.. 75013,
Equifen/Consumer Bispute, PO Box 105518, Atlanta, Ga. 30348
‘TransUnion Consumer Solutions, PO Box 2000, Chester. PA, 19022-2000
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