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Arthur Columbus

2589 Fountainhead Dr
San Ramon, CA 94583
Nation star Mortgage, LLC
P.O.BOX 619097,
Dallas, TX 75261

Lender

XXXXXXXX.(ex. Wells
Fargo, JP Morgan Chase,
Bank of America,
Citimortgage,
Ally)Attention: Customer
Service
Loan Servicer

XXXXXXXX.(ex. Wells
Fargo, JP Morgan Chase,
Bank of America,
Citimortgage,
Aurora,Homecomings

Financial,

GMAC, Litton, OneWest Bank, Nationstar, Ocwen, SelectPortfolio Servicing)Attention: Customer Service
Foreclosure Trustee

XXXXXXXX.(ex. Cal-Western Recovneyance; NDEX; Recontrust etc.)Attention: Legal Department


Securitized Loan Trustee
(check on your Notice of Default or Notice of Sale or othercorrespondence, you will usually see on behalf of
Harborview loan trust for example)(ex. Deutsche, U.S. Bank, Bank of New York Mellon, etc.)Attention: Legal
Department
VIA CERTIFIED MAIL
RE: DEMAND TO PRODUCE THE NOTE AND/OR OTHERCOMPETENT EVIDENCE OF INDEBTEDNESS, PROOF OF
LEGAL RIGHTTO FORECLOSE, AND OTHER DOCUMENTS SPECIFIED BELOW UNDERCALIFORNIA CIVIL CODE
SECTION 2923.55. DEMAND FOR IMMEDIATEWRITTEN RESPONSE.
THIS IS A LEGAL REQUEST THAT YOU ARE REQUIRED BY LAW TO
COMPLYWITH. YOU HAVE THE LEGAL OBLIGATION TO IMMEDIATELY FORWARDTHIS DEMAND LETTER TO THE
APPROPRIATE PERSON OR DEPARTMENT
TOHANDLE THIS REQUEST. A TIMELY RESPONSE IS REQUIRED. FAILURE TOCOMPLY WITH THIS REQUEST COULD
RESULT IN LEGAL LIABILITY ANDSEEKING AN INJUNCTION TO STOP FORECLOSURE AND ATTORNEY FEES.

Copyright 2013 The Law Offices of Steven C. Vondran, P.C. (All rights reserved)
5To whom it may concern:My name is XXXXXXXXXXX and I represent Mr. and Mrs. XXXXX whosereal property is
located at XXXXX, CALIFORNIA, 92886.
A.P.N. #
: 123-456-78.
Trustee Sale #:
12-11111. The
Acct #
: is XXXXX (as set forth in the attached monthlymortgage statement
Exhibit A
).
MERS Min #
(off deed of trust) is1111122222333444.
Purported Beneficiary
:
XXXXXXXXXXXXX
.
Loan Servicer
:XXXXXX.As you may know, the State of California recently signed into law a new measurethat gives
homeowners certain legal rights in the foreclosure process. Of relevance tothis letter is
California Civil Code Section 2923.55.
Under this code section, you arerequired to produce each of the following to the borrower:
REQUESTED INFORMATION
(i) A copy of the borrower's promissory note or other evidence of indebtedness.(ii) A copy of the borrower's deed
of trust or mortgage.(iii) A copy of any assignment, if applicable, of the borrower's mortgage or deed of
trustrequired to
demonstrate the right of the mortgage servicer to foreclose
.(iv) A copy of the borrower's payment history since the borrower was last less than 60days past due.Pursuant to
the newly enacted law
I hereby demand you provide me with aneat, legible, and complete copy of each of the foregoing requested
items
.It should be noted that when the state of California passed the foreclosure bill ofrights (AB 278/SB 900), the
intent of the legislature was to conform to the reform principles contained in the
National Mortgage Servicing Settlement

and to reform whathas previously been a horrific non-judicial foreclosure process in California. The newlaw,
signed by Governor Brown, and duly sponsored by Attorney General Kamala Harrisalong with the support, advice
and leadership of both the California Senate andAssembly, is also designed to bring sanity to the foreclosure crisis in
California, which isfinancially injuring not only homeowners, but also state and local governments.As such, you are required
and hereby demanded to provide legally sufficientevidence of your right to foreclose on the above-referenced real
property. Californiacourts, as well as courts across the nation, have made clear the legal requirements
to prove the legal right to enforce a promissory note. In short, you must have in your possession,
the original endorsed note, made payable to you, or to bearer, with properlyattached allonges that may be applicable.

Copyright 2013 The Law Offices of Steven C. Vondran, P.C. (All rights reserved)
6 Nothing short of documentable proof of possession of the original endorsed notewill suffice under the
California homeowner bill of rights. California Courts understand perfectly well what entails sufficient evidence of
the right to foreclose (i.e.
standing
toforeclose on real property):In the case of
In re Veal
, BAP# AZ-10-1055 (9
th
Cir. BAP June 10, 2011), theAppellate Court made clear that in order to establish standing for a motion for
relief fromthe automatic stay in a bankruptcy court, the moving party must make a colorable claimto the right to
receive payment pursuant to the mortgage note. In overruling the trialcourts grant of relief from stay to moving
party Wells Fargo, the Court held:As a result, to show a colorable claim against the Property, Wells Fargo had
toshow that it had some interest in the Note, either as a
holder
, as some other
person entitled to enforce
, or that it was someone who held
some ownership orother interest in the Note
. See
In re Hwang
, 438 B.R. 661, 665 (C.D. Cal. 2010)(finding that holder of note has real party in interest status). None of the
exhibitsattached to Wells Fargos papers, however, establish its status as the holder, as aperson entitled to
enforce, or as an entity with any ownership or other interest inthe Note.Other courts have noted what
constitutes the
person entitled to enforce
the note(hereinafter PETE) and reference should be made to the California commercial codesec 3301:"
Person entitled to enforce
" an instrument means:(a)
the
holder
of the instrument;(b)
a

nonholder in possession
of the instrument who has the rights of a holder,(c)
a person not in possession of the instrument who is entitled to enforce theinstrument pursuant to Section 3309
or subdivision (d) of Section 3418. (ex.where a lost note occurs).The definition of
holder
can be found in
Cal. Commercial Code Section 1201
(a)(21)which states:Holder, means the
person in possession
of a negotiable instrument thatis
payable either to bearer
or, to an
identified person
that is the person in possession.The California commercial code thus is perfectly clear that there must be
possessionof a note that is endorsed either in
blank to bearer
, or specifically endorsed to an
identified person
that holds the original note or there is no right to foreclose on the property in a private trustee sale, under the
new law. We are hereby demand specific anddetailed proof certain that you possess this evidence that you are
the PETE and to providethe other information requested above. Your evidence should also include
any writtenauthorizations that evidences your right to act as agent of the PETE, such as a written

Copyright 2013 The Law Offices of Steven C. Vondran, P.C. (All rights reserved)
7authorization to enforce the note, agency agreement, or power of attorney. This isconsistent with the intent of
the passage of the California homeowners bill of rights inensuring all foreclosure actions (and bankruptcy claims
and actions) are done inaccordance with law, and by the proper party, and anything short of this proof will not
bedeemed sufficient. You may not record a Notice of Default under
Cal. Civ. Code Sec2923.55
until you provide me with all of the above-requested information and evidenceof your right to
foreclose.Moreover, under
California civil code section 2924.17:
(b) Before recording or filing any of the documents described in subdivision (a),a mortgage servicer
shall ensure
that it has reviewed
competent and reliableevidence
to substantiate the borrowers default
and the right to foreclose
,including the borrower's loan status and loan information.These sections make clear that nothing short of
competent and legally sufficientevidence will suffice to comply with this legal demand letter. The above
requestedinformation should be sent
certified mail
to my attention at my office located at:
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
In the event you do not comply fully and completely with this request, anyattempt to effectuate a non-judicial
foreclosure may result in legal action, includingseeking a temporary restraining order (TRO) and
preliminary injunction. A lis pendensmay also be filed. A private right of action is authorized under the
Californiahomeowners bill of rights, as is attorney fees for a successful challenge (See
CaliforniaCivil Code Section 2924.12(i))
and such fees are awarded if an injunction is obtained ordamages are awarded. All legal rights and
remedies are hereby reserved.I trust you will fulfill your legal obligations in a timely manner. I look forward
toyour prompt written response to this request.Very truly yours,XXXXXXXXXX

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California homeowner bill of rights sample letter I send under California Civil
Code 2923.55 and the right to demand proof the lender or loan servicer has
legal proof of right to foreclose.
by Steve Vondran
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We have been talking about the "produce the note" legal theory for years first brought to light by Neil Garfield. At first, no one
believed that lenders and loan servicers might not have the legal ...
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