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Bank National Association 800 Nicollet Mall Ste 1500 Minneapolis , MN 55402-7014 Chief Financial Officer Cynthia Sampay C-Bass LLC 335 Madison Avenue Fl 19 New York, NY 10017-4611 RE: Demand for reconveyance of title, and Notice of Rescission TRUSTEES DEED SALE of real property commonly known as, 7126 Ballinger Avenue, San Diego, CA, 92119 APN # 457-710-04 Dear Sir and Madam, Please be aware that instrument THE TRUSTEE’S DEED UPON SALE document recorded on December 4, 2009 by alleged “Equity Purchaser” C-BASS Mortgage Loan Asset-Backed Certificates, who is not to be considered as a bona fide equity purchaser, has been voided as supported by the following attached documents; pursuant to HESPA and State Of California Civil Code 1695.14 (a) (b) (c) As supported by the following documents: 1. 2. 3. 4. Rescission by equity owner of Trustees Deed Upon sale and related exhibits Legal description of Property Rescinded Trustee’s Deed Upon Sale Declaration of broken chain of title by forensic auditor Charles J Koppa
Pursuant to California Civil code 1695.14 (a) In any transaction involving residential real property in foreclosure, as defined in Section 1695.1, which is in violation of Section 1695.13 is voidable and the transaction may be rescinded by the property owner within two years of the date of the recordation., of the conveyance of the residential real property as in foreclosure. Pursuant to California Civil Code 1695.13 "It is unlawful for any person to initiate, enter into, negotiate, or consummate any transaction involving residential real property in foreclosure, as defined in Section 1695.1, if such person, by the terms of such transaction, takes unconscionable advantage of the property owner in foreclosure." This letter is being sent to inform all lenders, creditors, and any and all assignees or downstream successors in interest in the above referenced property , and Misrepresented Trustee’s Deed Upon Sale document recorded on December 04, 2009 at the San Diego County Recorder’s office, that the equity owner, Stephen Kader, hereby Notices all above mentioned Parties, and any unknown persons claiming legal or equitable right, title, estate lien or interest in the property located at 7126 Ballinger Avenue, San Diego, CA, 92119 APN # 457-710-04 as described in the attached exhibit A (legal description of the subject property) that equity owner Stephen Kader has repeatedly disputed the validity of the standing of the purported owner of the debt, and the erroneous amount claimed on the mortgage debt on the property by servicing agent, Litton Loan Service and therefore demands a Rescission of the Fraudulent and misrepresented Trustees Deed Upon Sale Document and misrepresented ownership interest of purported the beneficiaries Trustee, US Bank National Association, who has not provided any evidence of standing, or addressed the creditors failure to substantiate a valid substitution of trustee, ownership of the note, and numerous other wrongful acts of misconduct and title fraud.
On July 19, 2010 at San Diego, California, Borrower Dana Kader, and Stephen Kader were informed by forensic auditor Charles J. Koppa of suspected title fraud by alleged “Equity Purchaser” C-BASS Mortgage Loan Asset-Backed Certificates, and TILA violations inherent in the original September 19, 2006 sub-prime loan, solicited by Ownit Mortgage Solutions and became aware and were informed of the full extent of their injuries due to the Truth In lending Violations, and the unsustainable and predatory nature of the above referenced mortgage loan due to 21 separate creditor violations of the Federal Truth in Lending Act. On July 19, 2010, Borrower Dana Kader, and Stephen Kader, became fully informed and were made aware of their injuries due to wrongful acts of prohibited creditor conduct and illegal debt collection tactics practiced by Ownit Mortgage Solutions, and their mortgage loan servicer Litton loan Service and was further informed of a suspected title fraud committed by alleged “Equity Purchaser” C-BASS Mortgage Loan Asset-Backed Certificates in partnership with the lender Ownit Mortgage Solutions who funded and servicer Litton Loan Service who acted as a debt collector on the above referenced mortgage loan for the purpose of defrauding borrowers Dana Kader, and Stephen Kader. Pursuant to A COMPLETE FORENSIC AUDIT AND IVESTIGATIVE REPORT PURCHASED BY STENPHEN KADER WHICH INCLUDES EVIDENCE OF BUT IS NOT LIMITED TO FOLLOWING TILA VIOLATIONS: A) B) C) D) E) F) G) A MISREPRESENTED SALE recorded on 12/04/09. No HUD One was issued to borrower. No 3 day right to cancel was delivered or signed by the borrowers. No Truth In Lending statement was provided to the borrowers. No good faith estimate was provided to the borrowers at signing. The adjustable nature of the loan was not disclosed to borrowers before the document signing. The amount of the monthly mortgage payments, exceeded the stated income of the in a clear breach of trustee responsibility to the borrower
There is evidence of predatory lending fraud, as defined by the Federal Truth In Lending Act and title fraud as defined by the State of California Foreclosure Act; under State of California Civil Code 16.95.14 (a) , that governs transactions between State of California Equity Sellers and Equity purchasers, and Mortgage Debt Collectors who are often Investors, Financial and Lending Institutions and State of California Homeowners in the process of foreclosure. The illegally recorded sale, clearly violates State of California Civil Code16.95.14 (a) and pursuant to all the above, borrower, Stephen Kader hereby notifies all lenders, creditors, and any and all assignees or downstream successors in interest in the above mentioned mortgage loan contract that their interest in the related promissory note has been extinguished, voided, and discharged by the borrower, Stephen Kader ‘s right of rescission, under Title 15 of the United States Collection Code § 1635(b) and the applicable Statutes and Provisions of regulation Z in accordance with the Truth In Lending Act. In accordance with all the above, the creditor’s interest in the borrower’s real property commonly known as at 7126 Ballinger Avenue, San Diego, CA, 92119 APN # 457-710-04 is now terminated. AUTHORITY: Trustors, may be permitted to allege a breach of the covenant. (see Munger v. Moore, supra, 11 Cal.App.3d at p. 8). Under the statutory scheme for non-judicial foreclosure,
the covenant of good faith is coextensive with respondents duty to conduct the foreclosure proceedings fairly, openly and in good faith. (See, e.g., Baron v. Colonial Mortgage Service Co. (1980) 111 Cal.App.3d 316, 323-324 Courts have also enunciated a duty of the trustee in the conduct of a sale itself. A sale under a power in a mortgage or trust deed must be conducted in strict compliance with the terms of the power. The sale must be made fairly, openly, reasonably, and with due diligence and sound discretion to protect the rights of the mortgagor and others, using all reasonable efforts to secure the best possible or reasonable price. That duty may thus fairly be said to extend to all participants in the sale, including prospective bidders. (see Block v. Tobin (1975) 45 Cal.App.3d 214, 221 [trustee owes a duty to conduct the sale fairly and openly and to secure the best possible price for the benefit of the trustor].) Pursuant to State of California Civil Code 1695.14 :(a) “In any transaction involving residential real property in foreclosure, as defined in Section 1695.1, which is in violation of Section 1695.13 is voidable and the transaction may be rescinded by the property owner within two years of the date of the recordation of the conveyance of the residential real property in foreclosure.(b) Such rescission shall be effected by giving written notice as provided in Section 1691 to the equity purchaser and his successor in interest, if the successor is not a bona fide purchaser or encumbrancer for value as set forth in subdivision (c), and by recording such notice with the county recorder of the county in which the property is located, within two years of the date of the recordation of the conveyance to the equity purchaser. Borrower Stephen Kader March is hereby exercising her State of California, Federal RESPA rights and relief due to the defrauded borrowers under the Federal Truth in Lending Act, 15 U.S.C. § 1635, Regulation Z § 226.23, to rescind the above referenced illegal sale of her home and property. Please be aware that where it is proven by a preponderance of the evidence that an Equity Purchaser, Mortgage Loan Creditor, Debt Collector, Financial or Lending Institution is found to be liable for Financial Fraud and Predatory and Commercial Lending Abuse and where it is proven by clear and convincing evidence that Equity Purchaser, Mortgage Loan Creditor, Debt Collector, Financial or Lending Institution has been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse, the defrauded borrower may be entitled to trebled damages, in addition to reasonable attorneys fees and costs and all other remedies otherwise as provided by law. In accordance with all the above: Please consider this communication as borrower Stephen Kader’s Qualified Notice of Rescission of an illegal and unauthorized sale of his home and property and of the cancellation of the borrowers note, and be advised that your interest in the borrower Stephen Kader’s property is now void per 15 U.S.C. § 1635; Regulation Z § 226.23 and you have twenty-days to terminate all security interest in the borrower’s home and free and clear Stephen Kader’s title to his home at located at 7126 Ballinger Avenue, San Diego, CA, 92119 APN # 457-710-04. In addition please consider this letter as a Qualified Written Request for Information and accountability and provide the 7126 Ballinger Avenue, San Diego, CA, 92119 APN # 457710-04 with accountability and substantiation of your standing to collect the debt, and for all payments and reinstatements made to date, or in short any evidence supporting the principal balance erroneously claimed by Litton Loan Service and/or any supportive documentation regarding your standing as holder in due course of the note or any name and contact information as to the borrower’s true creditor and provide the true creditor’s contacts information and correct address.
It is a matter of record that Litton Loan Service has not on any occasion to date, appropriately responded to borrower’s request for accountability as required by law under the TILA, but instead chose to illegally purport to sell the borrower Stephen Kader’s home at a misrepresented and illegal sale, which increased ” C-BASS Mortgage Loan Asset-Backed Certificates, liability for fraudulent misrepresentation and also demonstrates additional deceptive practices and obstruction of Stephen Kader’s legal rights and remedies. The obstructive and evasive tactics used by Litton Loan Service; to date include failing to provide any of the requested accounting; proof or documentation or substantiation inflated amounts Litton Loan Service claims is owed borrowers Dana Kader and Stephen Kader or to provide evidence of Litton Loan Services actual application of all previous payments made by the borrowers to the true beneficiary, holder in due course of the borrower’s property promissory note. It would in fact appear in fact that the originator of the loan, the broker, and all downstream entities continually conspired against the mortgage loan consumer, to deprive borrowers Dana Kader and Stephen Kader of their rights under State of California and Federal law. Evasive tactics were repeatedly used to deny the borrowers their lawful State of California protections under RESPA the TILA, HESPA and the State of California Foreclosure Act. Please consider this letter as a “Qualified Written Request” by equity owners, Dana Kader and Stephen Kader and demand as per RESPA. The Borrowers, are hereby demanding an accounting that should include the following: The original loan documents signed by the borrowers and any related Truth in Lending disclosures, statements and financial information, loan disbursements, charges, records of the borrower’s payments to date, and the principal balance, and any other documentation regarding the above mentioned mortgage loan. This information is urgently needed to finalize a debt dispute and forensic loan audit to fairly assess the true amount owed by borrowers Dana Kader and Stephen Kader for the purpose of enabling an equitable refinance of their home. Please consider this written communication as a formal demand for information and accountability.
NOTICE OF RIGHT TO CANCEL
NOTICE TO PRINCIPALS IS NOTICE TO AGENTS NOTICE TO AGENTS IS NOTICE TO PRINCIPALS This communication will serve as our Notice of Right to Cancel ; TILA (Truth In Lending Act) 15 USC §1601 et. seq. 12 CFR Part 226 allows three (3) years to review Disclosure Documents. The referenced (Three Day Right to Cancel) must have a trigger to begin. That trigger, is when the alleged Lender has provided the Trustor under certain Deed of Trust with ALL of the required Disclosures under TILA and that the same are true, complete, accurate, and timely provided. Being as the entire purported loan/mortgage process and Deed of Trust referenced herein and throughout was obtained by wrongful acts of fraud, fraudulent conveyance of language under the Deed of Trust, fraudulent inducement, fraud in factum, concealment and fraudulent misrepresentation of this claimants knowledge; the Trustor has other recourse, right and cause of action, under numerous state and federal statutes. Acts of fraud taint/void everything it touches as the Supreme Court has declared. “There is no
question of general doctrine that fraud violates the most solemn contracts, documents, and even judgments (United States v. Throckmorton 98 U.S. 61). Trustor has requested to cancel within the equitably tolled time period, from the date they were informed of as to the extend of their injuries and the nature of the TILA violations (the July 28, 2010, receipt of the borrowers’ preliminary forensic audit and report) while still waiting to receive ALL Truth In Lending Disclosures as required by Federal law, the same of which have never been received. A close perusal/lawsuit of Trustor’s mortgage documents has revealed certain Disclosure Violations and, that the Trustor exercises remedial right and remedy (UCC 1-201) (32) (34), inter alia, to involve their Right of Rescission (ROR) as further evidenced by the ORIGINAL NOTICE OF RIGHT TO CANCEL. You will also please find Trustor’s signed and dated NOTICE to the Lender, Successor(s), and Beneficiary as stated on the NOTICE OF RIGHT TO CANCEL, if provided in the package obtained by the originating Lender. If such notice was not provided, this written notice of communication is provided in lieu thereof. After sufficient NOTICE has been given to Lender, the Lender is required by Federal law to CANCEL any lien(s) and to CANCEL any security interest on the borrower’s property, within 20 days. The Lender must also return any money, interest, fee, and/or property to Trustor, as well as any money funds given to any pensions or other fiction in law/entity in connection with said transaction. In accordance with both State and Federal law or until the Lender complies, Trustor may retain proceeds of the transaction if it should be impractical or “unfair” for the Mortgagor to return the property when gross discrepancies, fraud, or other wrongful acts are discovered—then he/she/they may offer its’ ‘Reasonable Value’. In the event the alleged Lender should fail or refuse to take possession of the property or return the borrower’s money offer within twenty (20) days, Trustor and Settlor may then regain/acquire all right to clear title and reconveyance under California 1695-1695.14, Federal Law and provision of TILA. Sincerely, ____________________________________ Stephen Kader 7126 Ballinger Avenue San Diego, CA 92119
CERTIFICATE OF MAILING
I, __________________________ do hereby solemnly declare, that on __________________________ , 2010, I did cause to be delivered by Federal Express private courier and/or FIRST CLASS Postage pre-paid, RegisteredCertified United States Postal Service Mail, a true and correct copy of the foregoing instrument, including true and correct copies of all/any documents referenced therein as “attached hereto” to the parties and locations listed below:
Chief Financial Officer Andrew Cecere, U.S. Bank National Association 800 Nicollet Mall Ste 1500 Minneapolis , MN 55402-7014 Chief Financial Officer Cynthia Sampay C-Bass LLC 335 Madison Avenue Fl 19 New York, NY 10017-4611
__________________________ Stephen Kader Dated _____________________
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