4-11-11 Complaint For Damages Equitable and Declaratory Reli22

CM-010
FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Nam e Bar number, and address):
LAW OFFICE OF J ARTHURRObtRTS SEN: 156180
JOSEPH ARTHUR ROBERTS, ESQ e-mail: joe@jarlegal.com·
3345 Newport Blvd., STE 213, Newport Beach, CA 92663
TELEPHONE NO.: 800-965-7002 FAX NO.: 888-989-9309
ATTORNEY FOR (NameJ: Mauro De La Torre
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 14455 Civic Drive, Civil Department, Suite 100
MAILING ADDRESS: 14455 Civic Drive, Civil Department, Suite 100
CITY AND ZIP CODE: Victorville, 92392
BRANCH NAME: Victorville Courthouse

CASE NAME: MAURO DE LATORRE, ELIZABETH DE LATORRE vs. IBM, LENDERS BUSINESS SERVICES, UTLS DEFAULT
SERVICES, FEDERAL NATIONAL MORTGAGE ASSOCIATION, FIRST HORIZON HOME LOAN CORPORATION CASE NUMBER:
[X]CIVIL D Limited
CASE COVER SHEET
Unlimited D Complex
Counter D Joinder
Case Designation
t.&IVVS
(Amount
demanded
exceeds $25,000)
(Amount
demanded is
$25,000 or less)
Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402)
J i,,,, 1'
DEPT:
154
Items 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
DAuto (22) D Breach of contract/warranty (06) (C81. Rules of Court, rules 3.400-3.403)
DUninsured motorist (46) D Rule 3.740 collections (09) D AntitrusVTrade regulation
Other PI/PD/WD (Personal Injury/Property D Other collections (09)D (03)
Damage/Wrongful Death) Tort D Construction defect (10)

D Asbestos (04) D Insurance coverage (18)D D Mass tort (40)
D Product liability (24) Other contract (37)
Real Property D Securities litigation {28)
D Medical malpractice D Eminent domain/Inverse D Environmentalrroxic
Insurance coverage claimstort arising
(30) from the
D (45)
Non-Pl/PD/WO (Other) Tort
condemnation (14) above listed provisionally complex case types
(41)
D
Other Pl/PD/WO (23)
tort/unfair business practice (07)
I Wrongful eviction (33)
Other real property (26) Enforcement of Judgment
DEnforcement of judgment (20)
D
D
D D
£
Unlawful Detainer
D(31) Miscellaneous Civil Complaint
0RICO(27}
D Intellectual property (19) D Drugs (38)
D Professional negligence (25) Judicial Review DMiscellaneous
Other complaint (not specified above) (42)
Civil Petition
D Other non-Pl/PD/WO tort (35) D (05) D Partnership and corporate governance (21)
Employment D Petition re: arbitration award
DOther petition (not specified above) (43)
DWrongful termination {36) D (11)
Writ of mandate (02)
D Other employment (15)
2. This case LJ is
D rule judicial
LXJ is not complex underOther 3.400 ofreview (39)
the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. D Large number of separately represented parties d. D Large number of witnesses
b. D Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a.[X] monetary b.[X] nonmonetary; declaratory or injunctive relief c. [X]punitive
4. Number of causes of action (specify): 4
5. This case D
is [X] is not a class action suit.
6. If there are any known related cases, file and serve a notice of related cas
Date: April 7, 2011
LAW OFFICE OF J ARTHUR ROBERTS
(TYPE OR PRINT NAME) IGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOT E
• Plaintiff must file this cover sheet with the first paper filed in the a tion or pro ding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions de al ules of Court, rule 3.220.) Failure to file may result
in sanctions.
File this cover sheet in addition to any cover sheet required by local court rule.
If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onlv. !fa e 1 012
Form Adopled for Mandatory ® Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403,
Use Judicial Council of 3.740; Cal. Standards of Judicial Adminislration,
Calttornia CM-010 [Rev.July
1, 2007) std. 3.10
CIVIL CASE COVER SHEET ProD
www.r;ourtinfo.cagov OC
CM-010
INSTRllCTIONS ON HOW TO COMPLETE THE Cvv'ER
SHEET
To Plaintiffs and Others Filing First Papers. If you are filing a first paper·(for ::elcamplei.ia"1:!omplaint) in a civil case, you
must complete and file, along with your first paper, the Civil Case Cover Sheetcontainect. age 1. This information will be used to
compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you
must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case
listed in item 1, check the more specific one. if the case has multiple causes of action, check the box that best indicates the
primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1
are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a
civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-
for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will
be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether
the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be
indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be
served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a
joinder in the plaintifrs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a
designation that
the case is complex. CASE TYPES AND EXAMPLES
Auto Tort Contract Labor
Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06)
Damage/Wrongful Death Breach of Rental/Lease
Uninsured Motorist (46) (if the Contract (not unlawful
detainer case involves an uninsured or wrongful eviction)
motorist claim subject to Contract/Warranty Breach-Seller
arbitration, check this item Plaintiff (not fraud or
negligence) instead of Auto) Negligent Breach of ContracV
Other PI/PD/WD {Personal Injury/ Warranty
Property Damage/Wrong1ul Death) Other Breach of Contract/Warranty
Tort Collections (e.g., money owed, open
Asbestos (04) book accounts) (09)
Asbestos Property Damage Collection Case-Seller Plaintiff
Asbestos Personal Injury/ Other Promissory Note/Collections
Wrongful Death Case
Product Liability (not asbestos or Insurance Coverage (not provisionally
toxic/environmental) (24) complex) (18)
Medical Malpractice (45) Auto
Subrogation
Medical Malpractice- Other Coverage
Physicians & Surgeons Other Contract (37)
Other Professional Health Care Contractual Fraud
Malpractice Other Contract Dispute
Other Pl/PD/WO (23) Real Property
Premises Liability (e.g., slip Eminent Domain/Inverse
and fall) Condemnation (14)
Intentional Bodily Injury/PD/WO Wrongful Eviction (33)
(e.g., assault, vandalism) Other Real Property (e.g., quiet title)
(26) Intentional Infliction of Writ of Possession of Real
Property
Emotional Distress Mortgage Foreclosure
Negligent lnlliction of Quiet Title
Emotional Distress Other Real Property (not eminent
Other PI/PD/WD domain, landlord/tenant, or
Non-Pl/PD/WO (Other) Tort foreclosure)
Business Tort/Unfair Business Unlawful Detainer
Practice (07) Commercial (31)
Civil Rights (e.g., discrimination, Residential (32)
false arrest) (notcivi1 Drugs (38) (if the case involves illegal
harassment) (08) drugs, check this item; otherwise,
Defamation (e.g., slander, libel) report as Commercial or
Residential)
(13) Judicial Review
Fraud (16) Asset Forfeiture (05)
Intellectual Property (19) Petition Re: Arbitration Award (11)
Professional Negligence (25) Writ of Mandate (02)
Legal Malpractice Writ-Administrative Mandamus
Other Professional Malpractice Writ-Mandamus on Limited Court
(not medical or legal) Case Matter
Other Non-PI/PD/WD Tort (35) Writ-Other Limited Court Case
Employment Review
Wrongful Termination (36) Other Judicial Review (39)
Other Employment (15) Review of Health Officer
Order Notice of Appeal-
Provisionally Complex Civil Litigation {Cal. Rules of Court Rules 3.400-3.403) harassment)
Antitrust/Trade Regulation (03) Mechanics Lien
Construction Defect (10) Claims Involving Mass Tort (40) Securities Other Commercial Complaint
Litigation (28) Case (non-tort/non-complex)
Environmentalffoxic Tort (30) Other Civil Complaint
Insurance Coverage Claims (non-tort/non-complex)
(arising from provisionally complex Miscellaneous Civil Petition
case type listed above) (41) Partnership and Corporate
Enforcement of Judgment Governance (21)
Enforcement of Judgment (20) Abstract of Judgment (Out of Other Petition (not specified
County} above) (43)
Confession of Judgment (non domestic relations) Civil Harassment
Sister State Judgment Workplace Violence
Administrative Agency Award Elder/Dependent Adult
(not unpaid taxes) Abuse
Petition/Certification of Entry of Judgment on Unpaid Taxes Election Contest
Other Enforcement of Judgment Case Petition for Name Change
Miscellaneous Civil Complaint Petition for Relief From Late
RICO(27) Claim
Other Complaint (not specified above)(42) Other Civil Petition
Declaratory Relief Only Injunctive Relief Only (non-
CM-010 (Rev. July 1, 20071 Page 2 012
CIVIL CASE COVER SHEET
.
'\;
.. ..., ,,..,.l.'I.!'
JOSEPH ARTHUR ROBERTS (CA Bar 156180)
1 Law Office of J. Arthur Roberts
3345 Newport Boulevard, Suite 213
2 Newport Beach, CA 92663 FILED
Telephone: (949) 675-9900 SUCPERIOP COURT OF CALIFORNIA
,,OUNTY OF SAN BERNARD
3 Fax: (888) 989-9309 V!CTrn:,,"" , i= n1<::TR1CT INO
Email: Joe@JarLegal.com
4 Attorney for
Plaintiff(s) MAURO DE LA
TORRE
5 ELIZABETH DE LA TORRE
6
7 SUPERIOR COURT OF THE STATE OF

CALIFORNIA COUNTY OF SAN
BERNADINO
8
9 ) CIVVS 11 0 2 1 5 4
MAURO DE LA TORRE ) Case No.:
10 )
ELIZABETH DE LA TORRE, )
11 ) COMPLAINT FOR DAMAGES
Plaintiff(s),
) EQUITABLE AND DECLARATORY
12 ) RELIEF:
vs.
)
13 ) INTENTIONAL MISREPRESENTATION;
) CONSPRIACY; UNFAIR AND
14 IBM, LENDERS BUSINESS SERVICES, ) DECEPTIVE BUSINESS PRACTICES;
UTLS DEFAULT SERVICES, ) VIOLATIONS OF CIVIL CODE 2924
FEDERAL )
15 NATIONAL MORTGAGE ) AMOUNT DEMANDED EXCEEDS
ASSOCIATION, FIRST HORIZON ) $25,000.00
)
HOME LOAN
) DEMAND FOR JURY TRIAL
16 CORPORATION )
17 )
) Honorable Judge:
Defendant(s),
) Department:
)
19 ) Complaint filed:
)
)
)
2i )
23
?4
INTRODUCTORY ALLEGATIONS
25
1. The foregoing Complaint is based on information and
26
belief of counsel for Plaintiff(s) and publicly recorded
27
documents.
28
Complaint - 1
1 2. Plaintiff(s) MAURO DE LA TORRE and ELIZABETH DE LA TORRE,
2 (hereinafter singularly referred to as "Plaintiff"), bring
3 this action against Defendants, IBM, LENDERS BUSINESS
4 SERVICES (hereinafter referred to as "IBM"), UTLS DEFAULT
5 SERVICES (hereinafter referred to as "UTLS"), FEDERAL
6 NATIONAL MORTGAGE ASSOCIATION (hereinafter referred to as
7 "FANNIE MAE"), FIRST HORIZON HOME LOAN CORPORATION
8 (hereinafter referred to as "FIRST HORIZON")and DOES 1-100.
10 3. Plaintiff is ignorant of the true names and capacities of
11 defendants sued herein as DOES I through 100, inclusive,
12 and therefore sue these Defendants by such fictitious

13 names. Plaintiff will amend this complaint to allege their
14 true names and capacities when ascertained.
15
16 4. Plaintiff is informed and believes and thereon alleges

17 that, at all times herein mentioned, each of the Defendants
18 sued herein was the agent and employee of each of the
19 remaining Defendants and was at all times acting within the purpose and scope of such
agency and employment.
21
5. On or about 4/2/2007, Plaintiff and FIRST HORIZON HOME LOAN

23 CORPORATION executed a residential mortgage Note and Deed
24 of Trust ("DOT") on the property known as 17733 TWISTER
25 COURT, ADELANTO, CA 92301 in the amount of 278500. The
26 Trustee identified in the Deed of Trust is FIRST HORIZON
27 HOME LOAN CORPORATION. The "Nominee" identified in the
28 Deed of Trust is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,

1 INC., (hereinafter "MERS"). Plainil1f subsequently
2 defaulted on the loan obligation ("subject loan").
4 6. On January 4, 2011 Defendants conducted a non-judicial
5 foreclosure of the subject property in violation of a
6 Bankruptcy Court Order on Motion for Relief of the
7 Automatic Stay that lifted the stay, but enjoined
8 foreclosure until after January 15, 2011.
10 7. This action is brought against Defendant IBM, a Delaware
11 corporation, doing business in California and the alleged
12 "servicer" of the subject loan.
13
14 8. This action is brought against Defendant UTLS, a Delaware
15 limited liability company, doing business in California and

16 the alleged "substituted trustee" of the subject DEED OF
17 TRUST.
1p
19 9. This action is brought against Defendant FANNIE MAE, a
2U Government Sponsored Enterprise (GSE) and Public company.
21 FANNll:'.: MAE is the named CRANTEE 0n a CORFORATION DEED OF

TRUST executed by FIRST HORIZON purporting to convey an
23 interest in the subject property after the foreclosure
24 sale.
25
26 10. This action is brought against Defendant FIRST

27 HORIZON, a Kansas corporation, doing business in California
28 and the originator of the loan. Defendant FIRST HORIZON
.'\
'\
•· ,...,,,..
j.................... !
1 was the named GRANTEE and BENEFICIARY named on the
2 TRUSTEE'S DEED UPON SALE delivered by UTLS following the
3 foreclosure sale.
5 THEORY OF PLAINTIFF'S CASE

6
7 11. The allegations contained in each previous paragraph
8 of this complaint are re-alleged and incorporated herein by
9 this reference.
10
11 12. On January 4, 2011, Defendants collectively conducted
12 a non-judicial foreclosure of the subject property in
13 violation of a Court Order. This brazen act is aggravated
14 by the recording of a knowingly false affidavit by

15 Defendant UTLS, attesting to the legitimacy of the sale.
16 The filing of false, phony and fabricated documentation and
17 affidavits is the regular business practice of all Defendants in the pursuit of
expeditious non-judicial
19 foreclosures.
20
21 l .5. it is the pattein alld busines::; pract.Lce uf DetendctnLt'

and their agents to colJectiveJy manufacture, create,
23 manipulate and forge documents and to submit false
24 declarations, in the pursuit bankruptcy relief and in

25 furtherance of the non-judicial foreclosure of California
26 real property, including Plaintiff's residence.
27
28
1 14. Without regard to truth, accuracy or the rights of
2 California home owners in financial distress, Defendants
3 and their agents engage in a pattern and business practice
4 (hereinafter "fraud practice") of creating and filing
5 fabricated 1) Substitutions of Trustee, 2) Notices of
6 Default, 3) Notices of Trustee Sale, 4) Assignments of
7 Deeds of Trust, 5) Trustee Deeds Upon Sale 6) bankruptcy
8 Proofs of Claim, 7) bankruptcy Exhibits and 8) false
9 Declarations furtherance of bankruptcy relief and the non
10 judicial foreclosure of California real property, including

11 Plaintiff's residence.
12
13 15. It is the pattern and business practice of Defendants
14 and their agents to utilize the services of "Robo-signer

15 companies" to more quickly and cheaply process thousands of
16 relief of stay motions and non-judicial foreclosure sales
17 without regard to truth, accuracy or rights of California
l C. home owners in financial distress. Defendants and their
19 agents incentivize said "Robo-signer companies for their speed and the volume of
cases processed, but not for the
21 truth anu accuracy of the documents arid decld1.ctt...ie;ns
cre;=ited.
23
24 16. Defendants' collective improper purpose in filing false documents and

25 declarations in this and other Bankruptcy\Foreclosure cases is to create the illusion of a
26 valid transfers or ASSIGNMENTS of a defaulted mortgage Note
27
28
"I j..,,,.,.,-,:-"·
't, 'k ., .. ,,.,-
1 toeither a static Mortgage Backed Security Trust ("MBST")
2 or a GSE Trust, after the trust is "closed out".
4 17. A MBST or a GSE Trust is a Real Estate Mortgage
5 Investment Conduit ("REMIC Trust"), as defined under the
6 Internal Revenue Code that acts as a tax-exempt investment
7 vehicle for the benefit of bond investors. As such and
8 pursuant to the laws under which the trust was formed, the
9 trust cannot generally buy or sell or accept assets into
10 its "trust corpus" after the X "closing out" date.
11 18.
This fraud practice provides Defendants three
12 significant financial benefits: 1) Defendants save costs
13 upon the creation of the trust by reducing the notary fees,

14 filing fees and administrative cost transferring each of
15 the estimated 5,000 mortgage loans pledged to the trust in
16 the manner specified in the trust investor prospectus and
17 disclosures.
The TRANSACTION STRUCTURE of the subject MBST
18 mandates the "true sale" of each loan up to three times, on
19 or about designated "closing date". The purpose of the multiple
transfers is to protect the investors and render
21 each of the Notes "bankruptcy rernot.e", in the event a loan
originator becomes insolvent.
23
24 19. This fraud practice provides Defendants a second

25 significant financial benefit: 2) Defendants reduce the
26 notary fees, turn times, filing fees and administrative
27 cost of establishing proper standing after default,
28 typically in bankruptcy and non-judicial foreclosure cases,
'I., ...,., ,
,..,.,.,..,r,n<
1 by creating the illusion of a singi : post-default loan
2 transfer. Rather than "prove up" an accurate chain of
3 title for each Note in default from originator to the
4 trust, Defendants' utilize "Robo-signer" vendor to
5 manufacture evidence purportedly establishing a post
6 default "assignment" from Originator to the trust, instead
7 of the three pre-default transfers required under the terms
8 of the trust disclosures.
10 20. This fraud practice provides Defendants a third and
11 most compelling financial benefit: 3) once a property is
12 liquidated, the consequences of a forced "repurchase" of a

13 defaulted loan by a Defendant from the trust investors is
14 forever eliminated. The phony "ASSIGNMENTS" offered by
15 Defendants, if accepted as true, constitutes an obvious

16 breach of the "representations and warranties" owed to
17 trust investors.
Once the properties are sped through the
Bankruptcy and non-judicial foreclosure process, the
19 Defendants effectively eliminated the risk of liability to Investors for Defendants'

failure to properly transfe1 the
n HJdli asset:::; lo the tr u;:;l dS pi tcheJ. The twu pliu!iy

ASSIGNMENTS recorded in this case are fraudulent documents
23 intended to deceive Plaintiff and speed up the liquidation

24 of the subject property in the name of the wrong party.
25
21.
With billions of dollars in potential "repurchase" exposure to Investors and GSE's for
27 breaches of the "representations and warranties", Defendants have made a
28
1 business decision to proceed with tEls less expensive
2 "fraud practice". It is cheaper for Defendants to defend
3 lawsuits related to this fraud practice, rather than face
4 lawsuits against deep pocketed trust investors for breaches
5 of the "representations and warranties".
7 22. In this case, Defendants and their agents have

8 initiated and conducted a wrongful non-judicial foreclosure
9 of the subject note and deed of trust secured by
10 Plaintiff's residential real property.

11
12 23. Defendants will presumably continue to rely on the
13 fraudulent "ASSIGNMENTS OF DEED OF TRUST" recorded to
14 establish standing in bankruptcy and to pursue foreclose.

15 Plaintiff asserts that Defendants and their agents have
16 filed fraudulent and false documents in the Official
17 Records of the County so as to facilitate the wrongful non
iS judicial foreclosure of this and other California
19 properties.
n L4• An ASSIGNMENT itself is legally ineffective tu facilitate a Note transfer.

In California, it is we]1
23 settled law that mortgage notes are negotiable instruments

24 that are conveyed by endorsement, delivery and acceptance.
25 The execution of an ASSIGNMENT without the transfer of the
26 underlying mortgage note is a legal nullity.
27
28
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. ,.,, ... ,...,..,,.
1 25. California appellate courts ha.ve ruled that the
2 ASSIGNMENT OF DEED OF TRUST alone, without negotiation of a
3 note, is invalid as it ignores California property law, the
4 adopted provisions of the U.C.C. and the terms of the
5 subject Pooling and Servicing Agreement of a trust.
7 26. The fraud perpetrated by Defendants and their agents
8 upon Plaintiff is not unique, nor did it occur in

9 isolation. Judicial Notice of the public filings of
10 hundreds of bankruptcy cases will prove that Defendants
11 have systematically engaged, and continue to engage in the
12 practice of creating fraudulent evidence on demand, so as
13 to facilitate wrongful bankruptcy relief of stay and non
14 judicial foreclosure. Plaintiff will demonstrate the

15 pattern of this fraud practice.
16
17 27. Such a fraudulent business practice has provided
18 Defendants and their agents with a massive cost savings
19 advantage over their legitimate competitors.
lb.
Deieridants' impruper s;ystern.i,: purpose in uti1izir1S:J
Robo-signers is to create and record false evidence on
23 title and in bankruptcy courts so as to speed up the
24 foreclosure process, to rapidly liquidate real property, to

25 permanently cut off property rights and, most importantly,
26 to avoid liability to bond investors for Defendants'
27 failure to properly and timely transfer mortgage Notes
28
"·i ...............
"' .... ,.,
1 pledged to the trusts or GSEs in th -manner dictated by the
2 warranties and representations of an investment trust.
4 29. Defendants and their agents have collectively failed
5 to properly transfer and account for thousands of mortgage
6 Notes, including Plaintiff's, pledged to the trusts or
7 GSEs, within the timeframe contemplated by the trust and
8 for the benefit of unknown bond investors. The cost of
9 transferring thousands of mortgage notes multiple times was

10 apparently too high for the said Defendants to incur.
11 Millions of dollars in filing fees, notary fees, recording
12 fees and labor costs were saved when said Defendants
13 neglected the obligation to properly convey mortgage Notes,
14 multiple times, before the specified "closing date".
15
16 30. Instead, Defendants and other parties created their
17 own system and placed reliance on the electronic database
]8 of the Mortgage Electronic Registration System ("MERS")
19 The purpose of MERS is to electronically track which

20 mortgage note belongs to which mortgage backed trust.
21 H0weve1., the Ml::R ; system llci:::; 111, legal me1it ano ign01e::; U1e
historical doctrines of property transfer law in California
23 and the other states.
24
25 31. In response to wide spread defaults, Defendants seek to systematically mitigate

26 liability to the trust investors and GSEs by accelerating bankruptcy relief and wrongful
27 non-judicial foreclosures. Said Defendants utilize the
28
-'I I • • r"f
"<\ .,.,,..'if""
1 services of Robo-signer companies charged with
2 manufacturing evidence on demand and without regard to the
3 truth of mortgage note ownership.
5 32. The purpose of this widespread fraud is to facilitate
6 relief from the automatic stay and expedite wrongful non-
7 judicial foreclosure.
To facilitate this purpose,
8 Defendants have collectively engaged in a pattern of
9 unlawful, unfair and misleading business practices in
10 violation of California Business and Professions Code
11 Section 17200.
12
13 33. Defendants have conspired to make intentional
14 misrepresentation to Plaintiff and the Bankruptcy Court.
15
16 34. Defendants thereafter sold the subject property in
17 direct defiance of the Bankruptcy Court's order and
lP thereafter, conveyed the property title to Fannie Mae.
19
This systematic abuse by Defendants has caused
21
Plaintiff dllO others tc lost: muney, Lu itiCUl.. atLuuiey fees,
tc lose credit worthiness, to be forced to file bankruptcy
23 and to defend the wrongful foreclosure of their home.
24
25
PUBLIC DOCUMENT TIMELINE
26
27
28
1 36. The allegations contained in e·ach previous paragraph
3 this reference.
4
5 37. 4/2/2007, ORIGINATION OF SUBJECT LOAN: It is

6 undisputed that the subject loan and deed of trust was
7 originated by Plaintiff and Defendant FIRST HORIZON HOME
8 LOAN CORPORATION and recorded in the Official Records of
9 the County of SAN BERNADINO on 4/2/2007. The named Trustee

10 is also FIRST HORIZON HOME LOAN CORPORATION.
11
12 38. It is undisputed that Plaintiff defaulted on the
13 subject loan obligation. At no time did Plaintiff receive
14 any notice of a transfer of ownership of the Note, as
15 mandated by Section 131 of the TRUTH IN LENDING ACT.
16
17 39. 2/6/2009, NOTICE OF DEFAULT [EXHIBIT 1]: Defendants
18 caused a NOTICE OF DEFAULT ("NODn) to be filed in the
19 Official Records of the County of SAN BERNADINO. Said document was signed
by MICHAEL LITEL for AUTHORIZED SIGNATURE, LANDAMERICA
ONESTOP, INC.. The NOD i11cluded a

DECLARATION OF COMPLIANCE illegibly signed by an unknown
23 person. There is no record that LANDAMERICA ONESTOP, INC.
24 was ever substituted in as Trustee. Plaintiff contends
25 this NOD document is therefore defective.
26
27 40. 4/12/2010, RECORDING OF ASSIGNMENT OF DEED OF TRUST

28 #1 [EXHIBIT #2]: Defendants caused a fabricated ASSIGNMENT
.,,, .... " ·
. ,,. -•...,>ti'
1 OF DEED OF TRUST to be filed in the-bfficial Records of the
2 County of SAN BERNADINO (ASSIGNMENT #1). Said document

3 purported to assign the deed of trust and "together with
4 the promissory note secured by said deed of trust and also
5 all rights accrued or to accrue under said deed of trust"
6 to FIRST HORIZON. As originator, FIRST HORIZON was already
7 the presumed owner of the Note. This ASSIGNMENT suggests
8 an attempt to re-transfer the Note back to FIRST HORIZON,
9 implying a prior transfer. Said document was executed by
10 WANDA COLLIER, of ASSISTANT SECRETARY OF MERS. Said
11 document was notarized by JERRY W. LOLLAR.
12
13 41. April 12, 2010, SUBSTITUTION OF TRUSTEE [EXHIBIT #3]:
14 Defendants caused a SUBSTITUTION OF TRUSTEE to be filed in
15 the Official Records of the County of SAN BERNADINO naming
16 Defendant UTLS as the new trustee. This document executed
17 by MARCIA WILLIAMS as ASSISTANT VICE PRESIDENT, FIRST
18 HORIZON HOME LOANS, a division FIRST TENNESSEE BANK
19 NATIONAL ASSOCIATION. Said document was notarized by JERRY WADE
20 LOLLER. The new trustee made no attempt tu file a new Notice of Default.
42. 4/12/2010, NOTICE OF TRUSTEE SALE [EXHIBIT #4]: Defendants caused a
23 NOTICE OF TRUSTEE SALE ("NTS") to be filed in the Official Records of the
24 County of SAN BERNADINO. Said document was signed by MERCEDES
25 AREVALO, TRUSTEE SALE OFFICE, UTLS, and did not include a DECLARATION
26 OF COMPLIANCE. Plaintiff contends this
27
28
-'1•!,.,11•¥jt""i'
,,, .... ,.,...,,,..-
1 document is invalid as a Notice of ·oefault was never filed
2 by the duly authorized Trustee prior to filing the NOTICE
3 OF TRUSTEE SALE.
6 43. June 2, 2010 CHAPTER 7 BANKRUPTCY FILING: Plaintiff
7 filed a Voluntary Petition for Chapter 7 Bankruptcy relief,
8 case number 6:10-bk-26998-MJ, in the Central District of
9 California-Riverside division of the Central District of
10 California.
11
12 44. July 23, 2010, RECORDING OF ASSIGNMENT OF DEED OF
13 TRUST #2 [EXHIBIT #5]: Defendants caused a fabricated
14 CORPORATE ASSIGNMENT OF MORTGAGE/DEED OF TRUST to be filed

15 in the Official Records of the County of SAN BERNADINO
16 (ASSIGNMENT #2). Said document purported to assign the
17 deed of trust and "together with the note or notes therein
Hi described or referred to, the money due and to become due
19 thereon with interest, and all rights accrued or to accrue under the Mortgage\Deed of
Trust" to FANNI!:'.: MAE. Said
21 document was executed by TRSVA MORELANU, as Assisl.cilll. Secretary of
MERS on behalf of Defendant FIRST HORIZON. Said document was notarized by

JOSEPH JAMES DINI.
24 Plaintiff's bankruptcy was still pending at the time and

25 the Automatic Stay was in place.
26
27 45. 9/16/2010, MOTION FOR RELIEF OF THE AUTOMATIC STAY:
28 Defendant IBM filed a MOTION FOR RELIEF OF THE AUTOMATIC

...,,...,,...
.... j .....,...,.. .•
1 STAY as to the subject property wher-ein this Defendant
2 claimed that IBM was the "Note Holder and is entitled to
3 payments under the Note". In support of the Motion,
4 Defendant submitted a copy of the ASSIGNMENT #2, a copy of
5 the UNINDORSED original Note and a declaration. In support
6 of its motion for relief of stay, said Defendant offered
7 the Declaration of NANCY ZUMWALT, BANKRUPTCY SPECIALIST,
8 IBM, LENDER BUSINESS PROCESS SERVICE.

In the Declaration,
9 NANCY ZUMWALT claims to be an employee of IBM and a
10 "custodian of the books and records. No mention was made
11 as to Defendant FANNIE MAE's alleged interest in the loan.
12 Plaintiff contends this affidavit is false.
13
14 4 Plaintiff contends that said Defendant creates evidence on demand.The purpose

6.
is to fraudulently establish standing, facilitate relief of stay and clear the way to a non-
15
judicial foreclosure sale by the wrong party. Based on the false evidence and
16
declarations of said Defendant, Bankruptcy Court granted the motion over the objection
17
of Plaintiff on October 29, 2010 [EXHJBIT #6].
18
19
d.
47. Despite lifting the Automatic Stay, the Bankruptcy

23 Court further ordered that "No foreclosure sale shall be
24 conducted before January 15, 2011 [EXHIBIT 6].
25
26 48. On January 11, 2011, Defendant UTLS conducted a
27 foreclosure sale of the subject property. UTLS issued a
28 DEED UPON TRUSTEE SALE to Defendant FIRST HORIZON, as

'\ i ." •....,..,..,
"<\ ... ,,....,...
1 beneficiary, based on a credit bid 1 $332,757.76. UTLS
2 executed a declaration under penalty of perjury claiming
3 that it had complied with all aspects of the California
4 non-judicial statutory process. The DEED was executed by
5 DANA ROSAS, ASSISTANT SECRETARY, UTLS and recorded by
6 Defendant IBM on January 14, 2011 [EXHIBIT 7).
7 49. On March 7, 2011, a CORPORATION GRANT DEED purporting
8 to convey interest in the property from Defendant FIRST
9 HORIZON to FANNIE MAE was recorded at the request of
10 Defendant IBM.
11 50.
On March 21, 2011 Defendant FANNIE MAE served
12 Plaintiff with a "3 Day Notice to Quit" and demanded
13 possession of the property. Defendant FANNIE MAE continues
14 to threaten the filing of an UNLAWFUL DETAINER Complaint.
15
16 51. Plaintiff remains in possession of the property.

17
18
19 FIRST CAUSE OF ACTION

CIVIL TORT: INTENTIONAL MISREPRESENTATIONS
20 [All Defendants]
:n
.52.
The allegations contained in each previous paragraph
of this complaint are re-alleged and incorporated herein by
23
this reference.
24
53. Plaintiff disputes the claims that FANNIE MAEand FIRST
25
HORIZON had an interest in the note on the dates and in the
26
manner alleged in the representations contained in various
27
documents offered by Defendants.
28
'\, .. ,.,..,.,,_,
• <'!; ... -·....,.,.
1 manner alleged in the representatiorrs contained in various
2 documents offered by Defendants.
3 54. Plaintiff disputes the claims that IBM was the duly
4 authorized loan servicer of the note on the dates and in
5 the manner alleged in the representations contained in
6 various documents offered by Defendants.

7 55. Plaintiff disputes the claims that UTLS was the duly
8 authorized Trustee of the Deed of Trust on the dates and in
9 the manner alleged in the representations contained in
10 various documents offered by Defendants.

11 56.
Defendants each knew that each of the representations,· as contained below, were
12
false when the Defendants' made them. Defendants each made the representations
13
recklessly and without regard for the truth of the representations.
14
15
16 57. Defendants utilize the services of known "Robo-Signer"
17 companies to facilitate document preparation and execution.
18 Each of the aforementioned signers of documents executed
19 documents without personal knowledge. Each of the
aforementioned signers of documents execute documents without personal knowledge are
• J. a11 known "Pobo-signers" whose signatures appear on hundreds of documents in support
23 of foreclosure and relief of stay. These Robo-signers

24 typically sign in various capacities for lenders, MERS and trustees, as is evidenced in
this and other cases, but lack
26 personal knowledge of the facts to which they attest.
27 58. Defendants, each of them, intended that Plaintiff rely
28 on the representations.
.... i"°"'I'...,.. .,,
,,, .... -¥If·""'
1 59. That Plaintiff reasonably reli'e'"d on the Defendants'
2 representations.
3 60.
That Plaintiff was harmed.
4 61.
That Plaintiff's reliance on Defendants'
5 representations was a substantial factor in causing the
6 harm suffered.
8
SPECIFIC MISREPRESENTATIONS
9 62. The allegations contained in each previous paragraph
11 this reference.
12 63. On multiple occasions after Plaintiff defaulted on the
13 subject loan, Defendants have represented to Plaintiff that

14 FEDERAL NATIONAL MORTGAGE ASSOCIATION was the true holder
15 and\or owner of the subject mortgage Note and therefore had
16 the legal right to foreclose on the subject property
17 pursuant to the terms of the Deed of Trust.
18 64.
These representations were false.
19 65.
On multiple occasions after defaulting on the loan,
Defendants have represented to Plaintiff that IBM was the
21 ciul.y authorized loan servicer for the subject. mort(dage Note.
23 66. These representations were false.
24 67. On multiple occasions prior after the defaulting on
25 the loan, Defendants have represented to Plaintiff that
26 UTLS was the duly authorized and substituted Trustee for
27 subject Deed of Trust.

"'., .,.,..,_..,-"
,,, •;t-,-'t,',1'"'
1 69. The language of the recorded N.OTICE OF DEFAULT and its
2 attached declaration represented to Plaintiff that
3 Defendant FIRST HORIZON was the owner of the note; that
4 Defendant IBM was duly appointed loan servicer; that
5 LANDAMERICA ONESTOP, INC. was the duly authorized trustee
6 and that the aforementioned parties had the right to
7 initiate foreclosure upon the subject property.

9 71. That any ASSIGNMENT OF DEED OF TRUST, without the
10 proper conveyance of the underlying Note or negotiable

11 instrument, is a legal nullity under California property
12 law.
13 72.
As contained in the language of the ASSIGNMENT OF DEED
14 OF TRUST, Defendants represented to Plaintiff that MORTGAGE
15 ELECTRONIC REGISTRATION SYSTEMS ["MERS"] was duly empowered
16 by its principal FIRST HORIZON HOME LOAN CORPORATION, and
17 yet further represented that MERS did grant, assign and
lb transfer to ITSELF, FIRST HORIZON, all beneficial interest
19 under the subject Deed of Trust together with the Note.
73.
21 i4.
As conlained in lhe language of the SUBSTITUTION or
TRUSTEE, Defendants represented to Plaintiff that Defendant
23 FIRST HORIZON was the owner of the note duly empowered to

24 substitute Defendant UTLS in the place of FIRST HORIZON
25 HOME LOAN CORPORATION as trustee; and that FIRST HORIZON
26 did properly empower UTLS to serve as trustee.
27 75.
28
1 7 6. The language of the recorded NO ICES OF TRUSTEE SALE
2 represented to Plaintiff that Defendant FIRST HORIZON was
3 the owner of the note; that Defendant IBM was duly
4 appointed loan servicer; that UTLS was the duly authorized
5 trustee and that the aforementioned parties had the right
6 to conduct a foreclosure sale of the subject property.

8 78. As contained in the language of the CORPORATE
9 ASSIGNMENT OF MORTGAGE/DEED OF TRUST, Defendants
10 represented to Plaintiff that MORTGAGE ELECTRONIC
11 REGISTRATION SYSTEMS ["MERS"] was duly empowered by its
12 principal FIRST HORIZON HOME LOAN CORPORATION, and yet

13 further represented that MERS did AGAIN grant, assign and
14 transfer to DefendantFANNIE MAE, all beneficial interest
15 under the subject Deed of Trust together with the Note.
16 79.
17 80.
As contained in the Declaration of NANCY ZUMWALT in
18 support of Defendant IBM's own MOTION FOR RELIEF OF THE AUTOMATIC
19 STAY, Defendant IBM represented to the Court, the Chapter 7 Trustee and the Plaintiff
)ll that that NANCY ZUMWALT was a "custodian of the books and records" and that
IBM, not FANNIE MAE, nor FIRST HORIZON held a "beneficial interest under the
note and deed of trust" despite the existence of the two recorded "ASSIGNMENTS".
23 These representations were false.
24
25 81.
26 82.
That Defendants IBM repeatedly represented to the
27 Bankruptcy Court, the Chapter 7 Trustee and the Plaintiff
28
Complaint - 20
1 that that IBM had legal standing and-a right to foreclose
2 on the subject property.
3 83.
4 84.
That the representations and recitals made by
5 Defendant UTLS as contained in the TRUSTEE'S DEED UPON SALE are false. To
6 wit: That the GRANTEE FIRST HORIZON was the BENEFICIARY; that
7 UTLS was the duly authorized Trustee; that the conveyance was authorized by the
8 subject Deed of Trust; and that all requirements of law "have been complied with".
9 85. That UTLS failed in its duty to disclose the existence
10 of the second ASSIGNMENT purporting to convey an interest to Defendant FANNIE
11 MAE and to disclose the existence of the Bankruptcy Court's order enjoining the
12 foreclosure sale. That Defendant IBM accepted the TRUSTEE DEED and
13 recorded it on behalf of Defendant FIRST HORIZON, despite the existence of the
14 Bankruptcy Court's order enjoining the foreclosure sale.
15 86. That on March 7, 2011, Defendant IBM created and
16 recorded a CORPORATION GRANT DEED purporting to convey an interest in the
17 property from FIRST HORIZON tc FANNIE MAF. That IBM executed the DEED in
18 the name of Defendant FIRST HORIZON as its "attorney in fact" and concurrently
19 executed a CERTIFICATE OF ACCEPTANCE in the name of Defendant FANNIE
20 MAE also as its "attorney in fact". That the representation that IBM
c: j_ is both the "attorney in fact" for the purported Grantee FANNIE MAE and
the purported Grantor FIRST HORIZON is a
23 misrepresentation.
24
25
26
27
28
'\ ,/ -11••.,-,r•
"' .,,. ,.,.,..,,...-
1 87. Defendants, each of them, knew-Lhat the aforementioned
2 list of representations were false when the Defendants'
3 made each of them.
4 88. Defendants each made the aforementioned
5 representations recklessly and without regard for the truth
6 of the representations.
8 8 9. Defendants, each of them, intended that Plaintiff rely
9 on the aforementioned representations.
10 90.
Defendants, each of them, intended that Plaintiff rely
11 on the aforementioned representations in furtherance of their use of systemic fraud,
12 misrepresentation and deception to facilitate quick, cheap and wrongful foreclosure of
13 Plaintiff's home and the homes of thousands of other Americans.
14 That Plaintiff and others reasonably relied on the
15 Defendants' representations.
16 91.
17
1R 92.
That Plaintiff was harmed.
19 93.
The integrity of the legal system was harmed. That Plaintiff's reliance
94.
on Defendants'
representation::: was a substantial factcr in ::_aJsing tLc
harm suffered.
23 95. For the economic reasons alleged, it is the pattern
24 and practice of Defendants to utilize phony documents,

25 signatures and declarations to systemically facilitate
26 wrongful relief of stay and foreclosure on large scale.
27
28 SECOND CAUSE OF ACTION

..... /.'E'
..,. •··•'1"if'"'
CONSPIRACY
1
[All Defendants]
2
3
96. The allegations contained in each previous paragraph
5
this reference.
6
7
97. Plaintiff was harmed by each of Defendant's
8 intentional misrepresentations.
9 98. IBM is responsible for the harm caused by the
10 intentional misrepresentations of Defendants UTLS, FANNIE
11 MAE and FIRST HORIZON, as IBM was aware that Defendants
12 UTLS, FANNIE MAE and FIRST HORIZON planned to make

13 intentional misrepresentations to Plaintiff.
14 99. That IBM agreed and\or cooperated with UTLS, FANNIE

15 MAE and FIRST HORIZON and furthermore intended that the
16 intentional misrepresentations be made to Plaintiff.
17 100. UTLS is responsible for the harm caused by the

18 intentional misrepresentations of Defendants IBM, FANNIE MAE and FIRST
19 HORIZON, as UTLS was aware that Defendants IBM, FANNIE MAE and FIRST
21J
HORIZON planned to make intentional misrepresentations to Plaintiff.
21 101. That UTLS a greed ar:d\,::::r rccperated withIBM, E A_NN 1 E M.AF
and FIRST HORIZON, and furthermore intended that the intentional

23 misrepresentations be made to Plaintiff.
24
25 102. FANNIE MAE is responsible for the harm caused by the

26 intentional misrepresentations of Defendants IBM, UTLS and
27 FIRST HORIZON, as FANNIE MAE was aware that Defendants
28
Complaint - 23
1 IBM, UTLS and FIRST HORIZON planrie&-to make intentional
2 misrepresentations to Plaintiff.
3 103. That FANNIE MAE agreed and\or cooperated with IBM,
4 UTLS and FIRST HORIZON and furthermore intended that the
6 104. FIRST HORIZON is responsible for the harm caused by
7 the intentional misrepresentations of Defendants IBM, UTLS
8 and FANNIE MAE as FIRST HORIZON was aware that Defendants
9 IBM, UTLS, and FANNIE MAE planned to make intentional
10 misrepresentations to Plaintiff.
11 105. That FIRST HORIZON agreed and\or cooperated with IBM,

12 UTLS and FANNIE MAE and furthermore intended that the
14
THIRD CAUSE OF ACTION
15 BUSINESS AND PROFESSIONS CODE Section 17200
16 [All Defendants]
17
106. The allegations contained in each previous paragraph

18
of this complaint are re-alleged and incorporated herein by
19
this reference.
107. Defendants, each of them, are engaged in systematic unlawful, unfair and
fraudulent business practices in the manner each conducts its role in the pursuit of
residential
real property foreclosures. Defendants have engaged in
24
these practices to the detriment of Plaintiff and hundreds
25
of other California homeowners facing mortgage default.
26
27
28
Complaint - 24
"I; •or•..-r'i
. .,, le ,.,.,.'fl'
l 108. Defendants, each of them, rely;-utilize, manufacture
2 create and proliferate false documents, false claims, false
3 Notices of Defaults, false Substitutions of Trustee, false
4 Notices of Trustee Sale, false Assignments, false
5 Affidavits, false Declarations false Trustee Deeds Upon
6 Sale and fraudulent Bankruptcy Motions for Relief of Stay.
8 109. Defendants, each of them, knowingly utilize in-house
9 employees and outsourced "Robo-signers" to manufacture
10 evidence on demand. Said documents are created without the
11 performance of expensive due diligence, without to
12 California real property law and without regard for the
13 truth.
14
15 110. Defendants, each of them, utilize the manufactured

16 documents to facilitate quicker Orders for Relief from the
17 Automatic Stay in hundreds of bankruptcy cases, including
18 Plaintiff's Chapter 7.
19
111. Defendants, each of them, utilize various manufactured
21 documents to tacilitate quicker foreclosures without tt1e
added cost and burden of proper due diligence.
23
24 112. Defendants utilize the services of known "Robo-Signer"

25 companies to facilitate document preparation and execution.
26 Said signers execute documents without personal knowledge.
27 The aforementioned signers of documents are all known
28 "Robo-signers" whose signatures appear on hundreds of
'\•i ...........,...,
"' .,. -¥•"'
1 documents in support of foreclosure-and relief of stay.
2 These Robe-signers typically sign in various capacities for
3 lenders, MERS and trustees, as is evidenced in this and
4 other cases, but lack personal knowledge of the facts to
5 which they attest.
7 113. Defendants, each of them, utilize the manufactured
8 documerits to mitigate liability exposure to Trust
9 Investors.
Rather than properly transfer mortgage notes to
10 Investor Trusts, Trust sponsors and document custodians cut
11 corners to save costs. As a result many notes were
12 shredded or lost.
13
14 114. Defendants, each of them, have been retained to cover

15 up the malfeasance that occurred when the Investor Trusts
16 were created.
17
J8 115. Defendants use unlawful practices to facilitate more
19 profits, to facilitate quicker foreclosures, to receive property rights faster, to obtain

auctior1 funds faster, to mitigate liabi]ity exposure tc Trust Investors fer Trust
sponsor's failure to properly secure mortgage notes, to cover-up the lack of custodial
care and due diligence owed to Trust Investors, to obtain possession of real property
2.3 quicker and to eliminate any remedies of the homeowner including Plaintiff.
24 Defendants' collective unlawful acts include perjury,
25 violations the provisions of Civil Code
26
27
28 Complaint - 26
. .,. ·I-.,.,""""-
."" ... ,...,.'<'I'
1 2924, 2923.5 and violations of Section 13l(g) of the Truth
2 in Lending Act regarding disclosure of loan transfers.
4 116. As when the Investor Trusts were created, Defendants
5 again have an economic incentive to cut corners and avoid
6 the costs typically associated with establishing legal
7 standing, the right to foreclosure and the due diligence
8 required by the California foreclosure law.
10 117. Said cost cutting at the expense of truth, the
11 integrity of our legal system and the rights of homeowners,
12 provides Defendants with an unfair business advantage over

13 similarly situated competitors.
14
15 118. In rush to cut costs, forego due diligence, avoid

16 investor lawsuits and extinguish borrower property rights,
17 Defendants have institutionalized the use of intentional
18 misrepresentations and false documents so as to cause
19 Plaintiff and other homeowners substantial harm.
20
21
23
24
25 FOURTH CAUSE OF ACTION

VIOLATIONS OF CIVIL CODE 2924
26
27
28
Complaint - 27
o\J•'f• '
........ _
....,c,-'¥1""
1 119. The allegations contained in i h previous paragraph
3 this reference.
4 120. Defendants, each of them, violated Civil Code 2924
5 when filed the aforementioned fraudulent documents to
6 initiate, facilitate, prosecute and eventually complete
7 non-judicial foreclosure upon Plaintiff's real property.
8 121. Defendants, each of them, violated Civil Code 2924
9 when filed they collectively conducted a foreclosure sale
10 in direct violation of a court order.
11 122. Plaintiff and FIRST HORIZON HOME LOAN CORPORATION
12 executed the subject Note and Deed of Trust and naming
13 FIRST HORIZON HOME LOAN CORPORATION as the Trustee.
14 123. The NOTICE OF DEFAULT was initiated by LANDAMERICA

15 ONESTOP, INC. LANDAMERICA ONESTOP, INC. was not properly
16 substituted in as the duly authorized trustee. Each of the
17 ASSIGNMENTS was executed after the NOTICE OF DEFAULT was
18 recorded. The NOTICE OF DEFAULT was therefore defective.
19 124. Defendant UTLS failed to amend, correct or re-file a
20 valid NOTICE OF DEFAULT. Uefendant UTLS was not the authorized Trustee
at lhe time the NOTICE Gr DEFAULT, lhc SUBSTITUTION OF
TRUSTEE, the NOTICE OF TRUSTEE SAL or the
23 DEED UPON TRUSTEE SALE was recorded.
24
25 125. Neither Defendant IBM, FANNIE MAE nor FIRST HORIZON,

26 neither of them, were a holder, owner, assignee or
27 beneficiary to the subject Note or Deed of Trust at the
28 time either of the ASSIGNMENTS, NOTICE OF DEFAULT, the
o\·J ... 11• -
"<\ .•. ,,...,....
1 SUBSTITUTION OF TRUSTEE, the MOTION-tOR RELIEF OF STAY, the
2 NOTICE OF TRUSTEE SALE or TRUSTEE DEED UPON SALE were
3 recorded or offered.
4 126. The ASSIGNMENTS that purport to transfer Note
5 ownership from MERS to Defendant FANNIE MAE and
6 subsequently to Defendant FIRST HORIZON are invalid. There
7 is no indication of the scope of any agency agreement
8 between MERS and FIRST HORIZON HOME LOAN CORPORATION.
9 127. The ASSIGNMENTS, each unsupported by endorsements and
10 delivery of the original Note, suggest multiple transfers
11 to Defendants' FANNIE MAE and FIRST HORIZON. Conversely,
12 the declarations submitted to the bankruptcy court under

13 penalty of perjury in the Motion for Relief indicate that
14 Defendant IBM "held" the note.
15 128. Defendants have not complied with the requirements of
16 Civil Code 2924. Defendants have utilized false documents
17 and declarations to initiate non-judicial foreclosure on
18 Plaintiff's home without any legal authority and in direct
19 violation of the Bankruptcy Court's order.
21 CAUSATION AND DAMAGES

J 2 9. The allegations contained in each previous paragraph
23 of this complaint is re-alleged and incorporated herein by
24 this reference.
25 130.
Absent the imposition of a substantial punitive award,
26 Plaintiff does not expect that Defendants will change their
27 business practices. This wrongful behavior will continue
28
-,,1"'"111• -
"<\, ,,c,.,...,.,,.,.
1 as long as it is cost justified to· ne detriment of other
2 homeowners in financial distress.
3 131. The acts and omissions of Defendants, and their
4 agents, each of them, caused Plaintiff to suffer actual
5 damages, bankruptcy, credit damage, emotional damages loss
6 of good title and accrued attorney fees.
7 132. The acts and omissions of Defendants, and their
8 agents, each of them, continue to cause Plaintiff to suffer
9 actual damages, emotional damages loss of good title and
10 accrued attorney fees.
11 133. Plaintiff herein respectfully DEMANDS a TRIAL BY JURY.
12
13 PRAYER
14
15 WHEREFORE, Plaintiff prays for judgment against Defendants, each
16 of them, as follows:
17
1R 1) For a determination that Defendants, each of them,

19 violated CIVIL CODE 2924,
;:>(!
2; For an OrdeI enjoining the sa lE::: en encun,Lr c::tncc er ta
kin:;i of possession of the subject property by

23 Defendants or its agents or assigns until this matter
24 is resolved,
25
26 3) For an Order cancelling the NOTICE OF DEFAULT, NOTICE

27 OF TRUSTEE SALE, the TRUSTEE DEED UPON SALE and the
28 CORPORATION GRANT DEED.
1 4) For determination that Defendants'"/ each of them,
2 committed the tort of Intentional Misrepresentations
3 against Plaintiff, causing harm,
5 5) For determination that Defendants, each of them,
6 committed the tort of Conspiracy against Plaintiff,
7 causing harm,
9 6) For determination that Defendants, each of them, have
10 engaged in systematic unfair and deceptive business
11 practices in violation of BUSINESS AND PROFESSIONS CODE
12 Section 17200,
13
14 7) For determination as to the historical "Chain of Title"

15 of the subject Note including a determination of who
16 current owns the note, who has standing to foreclose or
17 re-convey the deed of trust.
]8
8) Damages in an amount to be proven at trial,
20
n ) Punitive damages in an drncrnnt to be proven cil t.rial,
23 10) For costs of suit and reasonable attorney fees herein
24 incurred,
25
26 11) For such other and further relief as the Court may
27 deem proper.
28
o\ I,..,,.,.,.,,.,..
- .,..,.,'f,'i-'<1'
2 DATED: MARCH 31, 2011 Respectfully submitted,
5 /S/
10
11
12 VERIFICATION
13 I, JOSEPH ARHTUR ROBERTS, am the ATTORNEY Plaintiffs in the
14 above-entitled action. I have read the foregoing Complaint and
15 know the contents thereof. The same is true of my own knowledge,
16 except as to those matters which are therein alleged on
17 information and belief, and as to those matters, I believe it to
18 be true.
19
I declare under penalty of perjury that the foregoing is true

and correct and that this declaration was executed at Newport
Beach, C lifornia.
24
25
DATED: MARCH 31, 2011 Respectfully submitted,
26
27
28
Joseph ArthtLz-Roberts [CA156180]
1
Attorney for Plaintiffs
2
LAW OFFICE OF J. ARTHUR ROBERTS
10
11
12
13
14
15
16
17
18
19
23
24
25
26
27
28
i -.,.,...,...,
- .,
• •• p .... ...
. . .,, ... ,...,.,,,.

.
..,,.,,_
EXHIBITl
Branch :O14,User :3058 Station ID :U7CO
Recrinlild In OHIOlal flfl!:aw.,.G«Mlntv of Stm BernardlllO

... - •. ..,. . ,,. "'t>'!F"' 2/061209&···
LARRY WALKER 8:00AM
Auditor/Controller - MA
Recorder
Recording requested by: 806 LandAmerica Default Services

LandAmerica Default Services C y
Doc#: 2009- 0052028 THIM! 1 Pages: 4
When r&cordeel mail to:
llll IIIIIIIIIIHI
Fe..,. l!l .08
Ta"""' 0.00
LANOAMERICA ONESTOP, INC
Post Office Box 5899 ot,-v Ei.0e
1"1'110 521.00
Irvine, CA 92616
(949) 885-4500
310/0f')..
Space above this foe for Recorder's use
TSNo.: 057-006819 Loan No.: 0060640133
IMPORTANT NOTICE
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF
TRUST
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN
YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION. You
may have the legal rfght to bring your account in good standing by paying all of your past due payments
plus permitted costs and expenses within the time permitted by law for reinstatement of your account
(normally rive business days prior to the date set for the sale of your property). No sale may be set 1,mtil
three months from the date this notice of default is recorded (which date of recordation appears on this
notice). This amounl is $16,849.15 as of 2/5/2000 and wfll increase until your account becomes current.
While your property is in foreclosure, you still must pay other obligations (such as insurance and
taxes) required by your note and deed of trust or mortgage. If you fail to make future payments on the·
loan, pay taxes on the property, provide insurance on the property, or pay other obligations as required in
the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to
reinslate your account fn good standing. In addition, the beneficiary or mortgagee may require as a
condition of reinstatement that yot.J provide reliable written evidence that you paid all senior liens, property
taxes, and hazard insurance premiums.
Upon your written request, the beneficiary or mortgagee wHI give you a wriUen itemization of the
entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even
though full payment was demanded, but you must pay all amounts in default at the time payment is made.
However, you and your beneficiary or mortgagee may mutually agree in writing prior to the lime the notice
of sale is posted (which may not be earlier than the three-month period stated above) to, among other
ttungs, (1) provide additional time in which lo cure the default by transfer of the property or otherwise or
(2) establish a schedule of payments ln order to cure your default; or both (1) and (2).
Fotlowing the expiration of the time period referred to in the first paragraph of this notice, unless the
obligation being foreclosed upon or a separate written agreement between you and your creditor permits a
longe, penod, you have only the legal right to stop the sale of your properly by paying !he entire amount
demanded by your creditor.
To find out the amount you mus! pay, or arrange for payment to stop the foreclosure, or if your property
is in foreclosure for any other reason, contact
FIRST HORIZON HOME LOANS, a division of f'IRST (949) 8B5-4500

TENNESSEE BANK NATIONAL ASSOCIATION.
C/O LANOAMERICA ONESTOP, INC
Pos;t Office Box 5899
Irvine, CA 92616
SEE EXHIBIT A
SAN BERNARDINO, CA Document:ND 2009.52028 Page:1 of 4
Printed on:3/24/2011 2:36 PM

**TRIAL VERSION**
TS No,: 057-006819
Loan No.: 0060640133
Notice of Default and Election to Sell Under Deed of Trust
If you have any questions, you should contact a lawyer or the governmental agency which may
have insured your loan. Notwithstanding the fact that your property Is in foreclosure, you may offer your
property for sale provided the sale is concluded prior to the conclusion of the foreclosure.
Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT
ACTrON.
NOTICE IS HEREBY GIVEN: Thal. the undersigned is either the original trustee, the duly appointed
substituted trustee, or acting as agent for the tru$tee or benef'iciary under a Deed of Trust dated
3/29/2007, executed by MAURO DE LA TORRE AND ELIZABETH A. DE LA TORRE, HUSBAND AND
WIFE AS JOINT TENANTS, as Trustor, to secure certain obligations .in favor of MORTGAGE
ELECTRON! REGISTRATION SYSTEMS, INC, as beneficiary, recorded 4/2/2007, as Instrument No.
2007-0202727. in Book , Page of Official Records in the Office of the Recorder of San Bernardino
Cotmty, California describing land therein: as more fully described in said Deed of Trust.
Said obUgations rncludlng 1 NOTE(S) FOR THE ORIGINAL sum of $278,100.00, that the beneficial
interest under such Deed of Trust and the obligations secured thereby are presently held by the
undersigned; that a breach of, and default in, the obligations for which such Deed of Trust is security has
occurred in that payment has not been made of:
Installment of principal and interest plus impounds and I or advances which became due on 7/1/2008 plus
amounts that are due or may become due for the following: late charges, delinquent property laxes,
Insurance premiums, advances made on senior liens, taxes and/or insurance, trustees fees, and any
attorney fees and court costs arising from or associated with beneficiaries effort to protect and preserve its
security must be cured as a condition of reinstatement.
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 and Demand for same, and has
deposited wlth said duly appointed Trustee. such deed of trust and all documents evidencing obligations
secured thereby, and has declared and does hereby declare all sums secured thereby immediately due
and payable and has elected and does hereby elect to cause the trust property to be sold to satisfy the
obligations secured thereby.
Dated: :2/5/2009
THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
As required by law, you are hereby notified that a negative credit report reflecting on your credit record
may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations.
Branch :014,User :3058 Station ID :U7C0
Declaration Re: Borrower Contact and Due Diligence Pursuant to CC

2923.S and instructions to Trustee Re: Notice of Default
Re: Mauro De La Torre

17733 Twister Court
Adelanto CA 92301
0060640133
The undersigned beneficiary or their authorized agent for the

beneficiary hereby represents and declares as follows:
1. _J_ On j/-dltJ·t1Y the beneficiary or their authorized
agent contacted the borrower(s) to assess their financial situation
and to explore options to avoid foreclosure. During this contact the
borrower(s) was advised he or she has the right to schedule a follow up
meeting to occur within 14 days. Further, the borrower(s) was
provided the toll-free telephone number to find a HUD-certified
housing counseling agency.
2. No contact was made with the borrower despite the due
diligence of beneficiary or their authorized agent's pursuant to
California Civil Code 2923.S(g), including (al Mailing a first class
letter to the borrower{s) which included a toll free number to
contact a HUD-certified housing counseling agency; (b) Attempting ·to
contact the borrower(s) by telephone at the primary telephone number
on file at least three times at different hours and on different days
or determined that the primary and secondary phone numbers on file
were disconnected; and (c) Having received no response from the
borrower(s) for 14 days after the telephone contact efforts were
complete, an additional letter was sent to the borrower(s) via
certified mail, with return receipt requested.
3. The borrower has surrendered the secured property as evidenced
by a letter confirming the surrender or by delivery of the keys to
the secured property to the beneficiary, their authorized agent or
the trustee.
4. The Beneficiary or their authorized agent has evidence and

reasonably believes Lhat the borrower has contracted with an
organization, person, or entity whose primary business is advising
people who have decided to leave their homes on how to extend the
foreclosure process and to avoid their contractual obligations to
beneficiary's.
5. . The benefici.ary er their auLho.rized agent has confirmed that

theborrower{s) filed for bankruptcy and the proceedings have not
been finalized to wit, there is no order on the court's docket
closing or dismissing the bankruptcy case.
SAN BERNARDINO, CA Document:ND 2009.52028 Page:3of
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Branch :014,User :3058 Station ID :U7C0
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6. The provisions of California Civil Code 2923.5 do not

apply Because
The undersigned instructs the trustee to proceed with non-judicial
foreclosure proceedings and expressly authorizes the trustee or their
authorized agent to sign the notice of default containing the
declaration re: contact required pursuant to California Civil Code
2923.5.
-- d'
Dated:
8
& me of person
i i
CL129-001 SK8
.••• •' '\•1•111 :
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·--
EXHIBIT 2
Branch :O14,User :3058
.. Station ID :U7C0
. .'
fleeo,.ifia Offici'al
BernardlllO
••tr DI San 4/12/2011
8:00AM
BN
LARRY WALKER
AudllOrfContmller - Recorder
fwcoo:iing requested by.
867 SPL Title Servie-es
Doo#: 2010-0139306 TMles: 1 Pages: 1
recorded mail to: r....., 12.00
Taxeia 0.00
Metlife Home
Loans 4000 Horizon 11111111111111111111111111 Other-
PAfO
0.80
1>12.0
Way
Irving, tx 75003
TS#057-006819 Order# 3101012 Loan # 0060640133
Assignment of Deed of Trust

For value received, the undersigned corporation hereby gran1s, assigns. and transfers to FIRST
HORIZON HOME LOANS, a division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION. all
beneficial interest under that certain Deed of Trust dated 3/2912007 executed by MAURO DE LA TORRE
AND ELIZABETH A. DE LA TORRE, HUSBAND AND WIFE AS JOINT TENANTS, as Trustor(s) to
FIRST HORIZON HOME LOAN CORPORATION. as Trustee and recorded as Instrument No.
2007..0202727. on 412/2007. in Book , Page of Official Records. in the office of the County Recorder of
San Bemardino County, CA describing land therein as:
LOT 62, TRACT NO. 17259, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED lN BOOK 324 OF MAPS, PAGES 59"62, RECORDS OF SAID COUNTY.
together with the Promissory Note secured by said Deed of Trust and also all rights accrued or to accrue
under said Deed of Trust.
D..ited: 319/2010 MORTGAGE ELECTRONI REGISTRATlON SYSTEMS,

•N
e
Jeffy wLolfar
oefore me, , Notary
Public, pel"$onally appeared Wanda C.011iet who proved
to me on the basis of satlsfactory evidence.:to.oo the person(s) \Nhose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in hisfherltheir authorized
capacity(iea), and that by his/her/their aignature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY that the foregoing paragraph 1s true and correct.
ITt-JESS m smd offi al I ,/ ./

Signature 7 J,.y-4.../ (Seal}
SAN BERNARDINO, CA Document:AS 2010.139306

Page:1 of 1
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EXHIBIT3
Branch :O14,User :3058 Station ID :U7C0
.. • ,. · - ..,. 'o\ •I-.",.,,, :
R <!riliid In. Offlclel R Collllly or6011 Berunllno 4/1V2010

8:00 AM
LARRY WALKER BN
Audlor/Controller - Recorder
Recording requested by:
867 SPL Title Services
When recorded mafl to:
Doc/f: 2010 - 0139307 TiUn: 1 Pages: 3
f'eea 18.00
Taxes 0.00
IJTLS Default Services, LLC
Post Office Box 5899 II1111111111111111111111111111 0th.................................0.ee
PAlO $18.00
6 Executive Circle
Suite 100
Irvine, CA 92616
(949) 8854500
Splile() above this line for recordem us.e
TS # 057-006819 Order# 3101012 Loan # 0060640133
Substitution of Trustee
WHEREAS. MAURO OE LA TORRE AND ELIZABETH A. DE LA TORRE, HUSBAND

AND WtFE AS JOINT TENANTS was the original Trustor, FIRST HORIZON HOME LOAN
CORPORATION was the original Trustee, and MORTGAGE ELECTRONI REGISTRATION
SYSTEMS, INC was the originat Beneficiary under that certain Deed of Trust dated 3129/2007
and recorded on 4/2/2007 as Instrument No. 2007-0202727, in book . page of Official Records
of San Bernardino County, CA; and
WHEREAS, the undersigned is the present Beneficiary under said Deed of Trust, and
WHEREAS, the undersigned desires to substitute a new Trustee under said Deed of
Trust in place and stead of said original Trustee, or Successor Trustee, thereunder, in the
manner provided for in said Deed of Trust,
NOW, THEREFORE, the undersigned hereby substitutes UTLS DEFAULT SERVICES,

LLC, as Trustee under said Deed of Trust.
Whenever the context hereof so requires, the masculine gender includes the feminine and/or
neuter, and the singular number includes the plural.
Page i
SAN BERNARDINO, CA Document:ST 2010.139307 Page:1 of

Printed on:3/24/20112:36 PM
Station ID :U7C0
..
Substitution of Trustee -
CA TS# 057-006819
Page 2
Dated: i\ /03 / See Attached Affidiavit

D°J
FIRST HORIZON HOME LOANS, a division of FIRST
TENNESSEE BANK NATIONAL ASSOCIATION.
CJ
y. Marcia WIIUam!it
Stale of T. ,._P-..,x_as Assistant Vice Presktt:ni:
county of o.,,a11as .
On 11123/0,
personally appeared
bafore me..
Marcia vvilllams
J ...
,.raf w..J..- 1..,11.,..,_a . nr,f{)
lllilllQ
who provecifo me on tne bash,_ of
satisfactory evidence to· be the person(s} whose name(s} is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ies}, and that
by his/her/their signature(s) on the instrumeflt the person(s), o,r the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY that the foregoing paragraph is true and correct.
seal.
Signatu,e '7
WITNESS my hand and official
i,/ -'c.-- (Seal)

ml»;,.
;
JERRY WADE LOLLAR
·ti Notary F'ublic, State of Tei<a5
·'.;,/ Mv Commlse.ion Expires
Deeel'nb•t 12, 2013
Affidavit of Mailing
for Substitution of Trustee By Code
TS No.: 057..006819
Trustor: MAURO OE LA TORRE AND ELIZABETH A. DE LA TORRE, HUSBAND AND WlFE
AS JOINT TENANTS
I, Mercedes Arevalo, declare: That I am an officer, agent or employee of UTLS Default

Services, LLC whose business address is:
Post Office Box 5899 5 Park Plaza

Irvine, CA 92616
I am over the age of eighteen years; On 4/9/2010, a copy of the attached Substitution of
Trustee was enclosed in a sealed envelope with postage fully prepaid for both Certified and
First Class mail, and was deposited in the United States Mail addressed to the trustee of record
under the Deed of Trust described in said Substitution. and;
A copy of the attached Substitution has been mailed prior to the recording thereof, in the
manner provided in Section 2924(b) of the Civil Code of the State of California to al! persons to
whom a copy of the Notice of Default would be required to be mailed by the provisions of said
section.
I certify (or declare) under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Date: 4/912010,
Merced valo
SBIl37Bcr1cDe.;4NOS
SAN BERNARDINO, CA Document:ST 2010.139307 Page:3 of'3

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"'\
Reoonl.ed Iii Re11ords, Cou-iy 01 61111 Bomar-di 4112/2010

no 8:00 AM
BN
LARRY WALKER
AudilDr/ConlroUor - Recorder
Re<xm:fing requestw by:
Sn recorded mall to:

Dool:
2010-0139308 Tifln; 1 Pages: 2
F....., lS.00
IIIUIIIIUllllllil
UTLS Default Services, Taxes 0,00
LLC Post Office Box 5899 Oltwr- 0.00
5 Park Plaza PAIO us.00
Suite 1000
lrvlne, CA 92616
Space above this line for recorders use
TS# 057--006819 Order# 3101012 Loan # 0060640133
Notice of Trustee·s Sale

YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 3/29/2007. UNLESS YOU TAKE
ACTION TO PROTECT YOUR PROPERTY, lT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED
AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD
CONTACT A LAWYER.
A public auction sate to the highest bidder for cash, cashier's check drawn on a state or national bank,
check drawn by stale or federal credit union, or a check drawn by a state or federa1 savings and loan
association, or savings association, or savings bank specified in Section 5102 to the Financial code and
authorized to do business in this state, will be held by duly appointed trustee. The sale will be made, but
without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay
the remaining principal sum of the note(s) seCl.lred by the Deed of Trust. with interest and late charges
thereon, as provide<:l in the note{s), advances. under the terms of the Deed of Trust, interest thereon,
fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the
Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of
sale.
Tn.Jstor(s): MAURO DE LA TORRE AND ELIZABETH A. DE LA TORRI:, HUSBAND AND WlFE

AS JOINT TENANTS
Recorded: 41212007 as Instrument No. 2007-0202727 in book , page of Official Records in the office
of the Recorder of San Bernardino County, California;
Date of Sale: 5/612010 at 01 :00 PM

Place of Sale: At the main (South) entrance to the City of Chino CJvic Center, 13220 Central Ave.,
Chino, CA
Amount of unpaid balance and other charges: $309,620.12
The purported property address ls: 17733 TWISTER COURT
ADELANTO, CA 92301
Legal Description As more fully described in above mentioned Deed of Trust.
Assessors Parcel No. 0469-821-62-0..000
SAN BERNARDINO, CA Document:NT 2010.139308 Page:1 of 2

Printed on:3/24/2011 2:36 PM
.,, '." ....""'.·
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TS# 057-006819
Loan# 0060640133
Notice of Trustee's Sale
The undersigned Trustee disclaims any liability for any incorrectness of the property address or other
common designation, if any, shown herein. If no street address or other common designation is shown,
directklns to the location of the property may be obtained by sending ·a written request to the beneficiary
within 10 days of the date of first publication of this Notice of Sale.
If the Trustee is unabte to convey title for any reason, the successful bidder's sole and exclusive remedy
shall be the return of monies paid to the Trustee, end the successful bidder shall have no further
reoourse.
Date: 419/2010 UTLS DEFAULT
M•alo ,TRUSTEE SALE OFFICER

Post Office Box 5899 5 Park Plaza
Irvine, CA 92616
(949) 885-4500
Sale Line: {714) 573-1965

Reinstatement Une: (949} 885-4500
To request reinstatement/and or payoff FAX request to: (949} 885-4496
THIS OFFICE IS ATTEMPTING TO COLLECT A DEST AND MY tNFORMATION OBTAJNED WILL BE

USEO FOR THAT PURPOSE.
SAN BERNARDINO, CA Document:NT 2010.139308 Page:2 of'2

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'
EXHIBIT 5
Branch :014,User :3058 Station ID :U7CO
**TRIAL VERSION**
.., . . RGi.GHOlMa REQUESTED flf :,.:LARRY WALKER 7123/2010
8:00AM
fit.l 'i AMERICAN TITLE OOMPANY Audtt.ot/Conttoller - Recorder
/ AS ANP..CCOMMOOATIONONLY
ALS
iNSTRUMENT PREPARED BY AND 691 First American

WHEN RECORDED MAlL TO:
Paaes:Corpora
LBPS
14523 SW Millikan W:ay, Suite 200 Doell: 2010- 0295894 1 3
te
Beaverton, OR 97005
. Title
II11111111111111111111111111 s:. . . .
Assignm
½-'4'<r ent of
Loan: 6471
Min #; 100085200606401331
.
This are.t for recording office use Mortgag
APN /Tax ID: e/Deed
of Trust
FOR
VALUE
RECEIVE
D, the
undersigne
d hereby
grants,
assigns and
transfers to
"
SAN BERNARDINO, CA Document:AS 2010.295894 Page:1 of 3

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Name
-
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Treva
4 More
land
All beneficial interest under that Tille·
cenain Mortgage/Deed of Trust Assis
dated03/29/2007 and executed by 1am
MAURO DF. Secre
LA TORRE AND ELIZABETH A. li'l1)
DE LA TORRE, the lender being
FIRST HORIZON HOME LOAN
CORPORATION, in the original
amount of$278, I 00.00 and the Trustee
being FIRST HORIZON HOME LOAN
CORPORATION, A KANSAS
CORPORATION
Recorded on
04/02/2007 in book _ at
asInstrument No. 2007-
0202727 of Official
Records in the County
Rec-order's office of
SAN
BERNARDINO, State
of California.
Property Address: 17733 TWISTER

CT, ADELANTO, CA 923012468
Together with the note

or notes therein
described or referred
to, the money due and
to become due
thereon with interest.
and all rights accrued
orto accrue undetthis
Mortgage/l}eed of Tru
I.
MERS
is
Mortga
ge
Electro
nic
Registr
ation
System
s, Inc.
as
Nom.in
ee for
FIRST
HORIZ
ON
HOME
LOAN
CORP,
.ATIO
N
,...
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Se& Exhibit "'A"

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I I ,
Loan: 6471
Min#: 10008520060640133I
STATE OF oRe...&ON
COUNTY OF Washington
On 7/12/20J0, before me, Joseph James Dini, personally appeared Treva Moreland, Assistant Secretary, of
MERS is Mortgage Electronic Registration Systems, Inc. as Nominee for FIRST HORIZON HOME
LOAN CORPORATION, personally known 10 me or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument
the person{s), or the enti1y upon behalf of which the person(s) acted, executed the in trument.
I certify under PENALTY OF PERJURY under the laws or the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.

Station ID :
U7
EXHIBIT A
SAN BERNARDINO, CA Document:AS 2010.295894

Printed on:3/24/20112:36 PM Page:3 of 3
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Case 6:10-bk-2699£ J Doc 20 Filed 10/29/10 Enten I 0/29/10 14:51:20 Desc
I\A::iin nnr11mi:lnt ,m 1 nf i:-
Attorney or Party Name, Address, Telephone & Fax Numbers, and California State Bar .. FGR...COURT
FILEDE& ENTERED
....... 1.....,•
Number
CASPER J. RANKIN (CA SBN 249196) PAUL OUDOM (CA SBN
·
. ONL_ y
.,
,
237672) ANNE W. HAMANN (CA SBN 254327) PITE DUNCAN,

Telephone: (858)750-7600 Facsimile: (619) 590-1385 - OCT 29 2010
CLERK U.S. BANKRUPTCY
□ Individual appearing without counsel

LLP COURT
In
4375Attorney
UNITED
P.O.
Jutland
STATES
Box 17933
SERVICES
re:CALIFORNIA
Drive,
for Suite
Movant 200LENDERSCOURT
BANKRUPTCY
IBM, CENTRAL DISTRICT
BUSINESS - Central District of California BY
lapiaDEPUTY CLERK
OF CHAPTER: 7
San Diego, CA 92177-0933 DATE: October 13, 2010
MAURO DE LA TORRE AND ELIZABETH DE LA TORRE, Debtor(s) CASE NO.: a.m.
6:10-BK-26998-MJ
TIME: 9:00
and STEVEN M. SPEIER, Chapter 7 Trustee CTRM: 301 FLOOR: 3rd
ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY

UNDER 11 U.S.C. § 362 (Real Property)
(MOVANT: IBM, LENDERS BUSINESS
SERVICES)
1. The Motion was: D Contested 1:8] Uncontested D Settled by Stipulation

2. The Motion affects the following real property ("Property"):
Street Address:
17733 Twister Court
Apartment/Suite No.:
City, State, Zip
Adelanto, California 92301
Code:
Legal description or document recording number (including county of recording): Instrument No. 2007-0202727, San Bernardino
County of California.
D See attached page.

3. The Motion is granted under: [8] 11 U.S C. § 362(d)(1) 1:8] 11 USC § 362(d)(2) D 11 U.S C. § 362(d)(3)
0 11 U.S.C. § 362(d)(4)
4. As to Movant, its successors, transferees and assigns ("Movant"), the stay of 11 U.S C § 362(a) is
a. 1:8] Terminated as to Debtor(s) and Debtor's(s') bankruptcy estate.
b. DAnnulled retroactively to the date of the bankruptcy petition filing.
c. D Modified or conditioned as set forth in Exhibit to this Order.
5. 1:8] Movant may enforce its remedies to foreclose upon and obtain possession of the Property in accordance with applicable non
bankruptcy law, but may not pursue any deficiency claim against the Debtor(s) or property of the estate except by filing a Proof
of Claim pursuant to 11 U.S.C. § 501.
(Continued on next page)
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
December 2009 F 4001-1O.RP
In AU IER
re R
M PE
:
S
O ,C
D ha
E pt
LA er
TO 7
R
R
st
N
D
ee
EL
IZ
AB
Case 6:10-bk-26998 Doc 20 Filed 10/29/10 Entere:
ET
0/29/10 14:51:20 Desc
H
Main Document Pag 2 f 5
D
E
F 4001-1O.RP
LA
TO
Order on Motion for Relief from Stav (Real Prooei'M - Paqe 2 of 5
R
R
E
D
eb
to
r(s
),
an
d
ST
EV
EN
6. Movant shall not conduct a foreclosure sale before the following date (specify): January 15, 2011
M C
C
. A
H
AP
D The stay shall remain in effect subject to the terms and conditions set forth in the Adequate Protection Attachment to this
TE
7.
SE
R
7
Order.
N
U
M
BE
D In chapter 13 cases, the trustee shall not make any further payments on account of Movant's secured claim after entry of this
R
8.
:16
Order. The secured portion of Movant's claim is deemed withdrawn upon entry of this Order without prejudice to Movant's
0-
BK-
right to file an amended unsecured claim for any deficiency. Absent a stipulation or order to the contrary, Movant shall return
26
to the trustee any payments received from the trustee on account of Movant's secured claim after entry of this Order.
99
8-
M
D The filing of the petition was part of a scheme to delay, hinder and defraud creditors that involved either:
J
9.
D transfer of all or part ownership of, or other interest in, the Property without the consent of the secured creditor or court
approval.
D multiple bankruptcy filings affecting the Property.

If recorded in compliance with applicable state laws governing notices of interest or liens in the Property, this Order is binding and
effective under 11 U.S.C. § 362(d)4(A) and (B) in any other bankruptcy case purporting to affect the Property filed not later than
two (2) years after the date of entry of this Order, except that a debtor in a subsequent bankruptcy case may move for relief from
this Order based upon changed circumstances or for good cause shown, after notice and a hearing. Any federal, state or local
governmental unit that accepts notices of interests or liens in real property shall accept a certified copy of this Order for indexing
and recording.
10. This Court further orders as follows:
a. This Order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter
of Title 11 of the United States Code.
b. The 14-day stay provided by Bankruptcy Rule 4001(a){3) is waived.
c. D The provisions set forth in the Extraordinary Relief Attachment shall also apply (attach Optional Form F 4001-10-ER).
d. D See attached continuation page for additional provisions.
#fl#.
DATED: October 29, 2010
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
Case 6:10-bk-2699€ Doc 20 Filed 10/29/10 Enterr I 0/29/1Q 14:51:20 Desc
Main Document Page 3 of 5
.<\
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docket.
PROOF OF
SERVICE
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DOCUMENT
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

I am over the age of 18 and not a party to this bankruptcy case or adversary , CA 92658
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A copy of the foregoing document described ORDER GRANTING
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I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC p
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II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each 6 L
person or entity served): 3 a
On October 26 2010 I served the following 7 w
person(s) and/or entity(ies) at the last known address(es) in this N
bankruptcy case or adversary proceeding by placing a copy thereof in a e G
sealed envelope in the United States Mail, first class, postage prepaid, w r
and/or with an overnight mail service addressed as follows. Listing the p o
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Honorable re 17733 Twister Ct. Fairchild Rd
Meredith A. a
Adelanto, CA 92301 Ste 180
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U.S. Joseph A. Roberts 92612
Bankruptcy 3345 Newport Blvd Ste 213
Court Newport Beach, CA 92663 Case 6:10-bk-26998 J 0/29/10
3420 14:51:20
Twelfth Doc 20
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Ill. SERVED BY PERSONAL DELIVERY, FACSIMILE NOTICE OF
TRANSMISSION OR EMAIL /indicate method for each person or ENTERED
entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on, ORDER
the following person(s) and/or entity(ies) by personal delivery, or (for
those who consented in writing to such service method), by facsimile AND
transmission and/or email as follows. Listing the judge here constitutes a SERVICE
declaration that personal delivery on the judge will be completed no later
than 24 hours after the document is filed.
LIST
Notice is given by the court that
a judgment or order entitled
(specify ORDER GRANTING
0 MOTION FOR RELIEF FOR
THE AUTOMATIC STAY
UNDER 11 U.S.C. § 362 was
Service information continued on attached page I declare under penalty entered on the date indicated as
"Entered" on the first page of
this judgment or order and will
of perjury under the laws of the United States of America that the
be served in the manner
indicated below:
foregoing is true and correct.
I. SERVED BY THE COURT VIA
October 26, 2010 Alycia M. Lynn /s/ NOTICE OF ELECTRONIC
Alycia M. Lynn FILING ("NEF") - Pursuant to
In AU VE R,
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II. SERVED BY THE COURT VIA U.S. MAIL : A copy of this notice and .
a true copy of this judgment or order was sent by United States Mail, first Adelanto, CA 92301
class, postage prepaid, to the following person(s) and/or entity(ies) at the
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Ill. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after

receipt of a copy of this judgment or order which bears an "Entered"
stamp, the party lodging the judgment or order will serve a complete
copy bearing an "Entered" stamp by U.S. Mail, overnight mail, facsimile
transmission or email and file a proof of service of the entered order on
the following person(s) and/or entity(ies) at the address(es), facsimile
transmission number(s), and/or email address(es) indicated below:
D Service
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- • - ,... '\ I ._ ,.,.,..,.....,"
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EXHIBIT 7
Rectmld lri ·ome1mi-Reo•: Ill San B•IUNII110

1114/2011
- lJENNIS DRAEGER 1 00 AM
ASSESSOR - RECORDER - CLERK KB
• 867 SPL Title Services
Recording requested by;
Doc#: 2011 - 0018558 Tllfl: 1 Pages: 2
MaH Tax Statements to 1e.ee
When recorded mail to:
8.00
Lender Business Process Servioos
(IBM) 14523 SW Millikan Way II111111111111111111111111111 PAib
0.00
$18.00
Suite 200
Beaverton, OR 97005
Forward tax statements to the address given above
Space above thfs line for recorders use
TS# 057-006819 Order# 3101012 Loan# 8296471
Trustee•s Deed Upon Sale
The undersigned
The grantor
grantee herein WASdeclares:
the forec:foslng beneficiary.
The amount of the unpaid debt together with costs was: $332,757.76
The amount paid by the grantee at the trustee sale was: $332.,757.76
The documentary transfer tax is: 4f
Said property is in the City of: ADELANTO, County of San Bernardino ·
UTLS DEFAULT SERVICES, LLC, as Trustee, (whereas so designated in the Deed of Trust hereunder
more particularly described or as duly appointed Trustee) does hereby GRANT and CONVEY to
ARST HORIZON HOME LOANS, a division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION
(herein called Grantee) but without covenant or warranty, expressed or implied, all right title and interest
conveyed to and now held by it as Trustee under the Deed of Trust in and to the property situated in the
county of San Bemardino, State of California, de$Clibed as follows:
LOT 62, TRACT NO. 17259, IN THE COUNTY OF SAN BERNARDINO, STATE. OF CALIFORNIA, AS PER PLAT
RECORDl:0 IN BOOK 324 OF MAPS, PAGES 59-62, RECORDS OF SAID COUNTY.
RECITALS:
This conveyance is made pursuant to the powers conferred upon Tn.1stee by that certain Deed of Trust
dated 3/29/2007, executed by MAURO DE LA TORRE AND ELIZABETH A. DE LA TORRE, HUSBAND
ANO WIFE AS JOtNT TENANTS as Trustor, recorded on 4f2/2007, instrument number 2007-0202727,
Book , Page Offlcial Records In the Ottice of the eoorder of San Bernardino County, California, and
after fulfillment of the conditions specified in said Deed of Trust authorizing this conveyance.
Page 1
Mail 1ax Statement as Directed Above
SAN BERNARDINO, CA Document:FD 2011.18558 Page:1 of

Printed on:3/24/2011 2:36 PM
... -
Truetee's Deed Upon Sale
Page2
Default occurred as set forth in a Notice of Default and Election to SeH which was recorded in the office
of the Recorder of said County.
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 and the posting and
publication of copies of the Notice of Sale have been complied with.
Said property was sold by said Trustee at public auction on 114/2011 at the place named in the
Notiee of Sale, in the County of San Bernardino, camomia, in which the property is situated. Grantee,
being the highest bidder at such sale, became the purchaser of said property and paid therefore to
said trustee the amount being 332757.76 In lawful money of the United States, or by the satisfaction,
pro tanto, of the obligations then secured by said Deed of Trust.
Date: 1/11/2011 UTLS OEFAULT SERVICES, LLC
By;
State of CaHfomia
County of Orange)
on 111112011 before me, Nicole Linderman, Notary Public, personally appeared Dana Rosas whO
proved to me on the basis of satisfactory widence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct
Hf&OLE
j \.INDEff.MAN
N,ntary Plilllllc · C1lllornl1
11: orange County #
Comn'lf&1Uon
3• •. ••J"l Bio:'::· Ptirr Jr;: Ld·.2i

1868257 5 1
THtS OFFICE 1$ ATTEMPTING TO COLLECT A DEBT AND ANY lNFORMATION OBTAINED WILL Bl::
USED FOR THAT PURPOSE.
. .·- - :.. .... 1- "'.1 :::,r-·
,,,,...,,...,.,.. .,,.
EXHIBIT 8
Branch :014,User :3058 Station ID : U7C0
... RftDnlDd. in•O·•fficll.l-R"ftOO·«h.'l•l' - 3/07/2011

8:00 AM
el San Ber.-ardlno touaty
EM
:,,;:-:..•DENNIS DRAEGER
AS8ESSOR - RECORDER - CLERK
Recording requested by:
. Mail Tax Statements to J.,J Doell;2011 - Titles: 1 Pates: 3
0091187
When recorded return 21.0e
to: r.,.,.,.
.
Fee 0.00
Lender Business Process
Services (IBM} II111111111111111111111111111 Oll"ler-
PAW
0.00
!121.08
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
Spaoe lobo"" lt1ls line lo< recomo,rs u•e only
TS# 057 006819 Order# 3101012 Loan # 8296471
CORPORATION GRANT DEED

Transferred from Agent to Principle
The Unden.igned Grantor Dectar-es:
X Document Transfer Tax is $00.00
Computed on furl value of property conveyed
Computed on fulf value less value of liens or encumbrances remaining at time of sale
No documentary transfer tax is due because: "The value of the property in this conveyc1nce,
X exclusive of liens and encumbrances is $100 or less and there is no additional consideration
received by the gr-antor, R & t 11911."
City of ADELANTO
X APN 0459-821-62 Q...OOO
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FIRST HORlZON HOME
LOANS, a division of FIRST TENNESSEE BANK NATiONAL ASSOCIATION ooreby GRANTS to:
Fannie Mae { Federal National Mortgage Association ) the following described real property in the city
of ADELANTO, County of San Bernardino State of CA:
LOT 62, TRACT NO. 17259. IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 324 OF MAPS, PAGES 59-62, RECORDS OF SAID COUNTY.
Commonly known as: "i 7733 TWISTER COURT ADELANTO, CA 92301
SAN BERNARDINO, CA Document:DD 2011.91187 Page:1 of

Printed on:3/24/2011 2:52 PM
Mail 1ax Statement as Directed Abovf;.
SAN BERNARDINO, CA Document:DD 2011.91187 Page:2 of

Printed on:3/24/2011 2:52 PM
**TRIAL VERSION**
FIRST HORIZON HOME LOANS, a diVision of FIRST

Daled:
MAR 02 2011 TENNESSEE BANK NATIONAL ASSOCIATION by IBM
Lender Business Process Services. Inc., as Altomey in Fact
a;,: Barbara Smfth

STAT!= OF 0-f'z)Qn Loan Admirnstmtton AVP
'\ )SS
COUNTY OF lJ.,.)e,,_2J\1 t8'f\ )
On MAR 02 2011 before me, the undersigned Notary Public, personally appeared
.j?,a..rb'M:JA,, S>nl:t-.b, la,o,n fkfmitu•s+ntt/aa A$$;15'\-0.trl: 1/t'c<, @:dl'c/e,,,,;,t;
personally known to me (or proved to me on the basis of satisfactory evidence) to be the- person(s) whOse
name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized ca.pacity(ies), and that by his/her/their signature(s) on the im,trument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand:
Signature /£· U (Seal}
OFFICIAL SEAL
AWORN8TAFF NOTARY
PUBLIC - OREGON
COMMISSION NO. A420780
MYCOMM1$81C)N !)CPNSA
UQUST li!B, 2011
...
TS# 057..006819
Loan# 8296471
CERTIFICATE OF ACCEPTANCE
Pursuant to the provisions of Government Code Section 2728l this is to certify that the
interest in real property conveyed by the Grant Deed dated f!LR
02 201!
from First
Horizon Home Loans, a division of First Tennessee Bank National Association to Fannie
Mae ( Federal National Mortgage Association ), a governmental agency, is hereby
accepted by the undersigned officer and the undersigned grantee consents to the
recordatlon thereof.
Date:
MAR 02
2011 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE
ASSOCIATION") BY IBM LENDER BUSINESS PROCESS
SERVICES, INC., AS ATTORNEY IN FACT
By_ '-="'-=-"""""== u.4A-=-==--....._=--...,,.,_,
Charlene Busselaar
Loan AdminBtmtion AVP
Name Printed

4-11-11 Complaint For Damages Equitable and Declaratory Reli22

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CM-010

FOR COURT USE ONLY

BRANCH NAME: Victorville Courthouse

Damage/Wrongful Death) Tort D Construction defect (10)

7 SUPERIOR COURT OF THE STATE OF

2 (hereinafter singularly referred to as "Plaintiff"), bring

3 this action against Defendants, IBM, LENDERS BUSINESS

4 SERVICES (hereinafter referred to as "IBM"), UTLS DEFAULT

5 SERVICES (hereinafter referred to as "UTLS"), FEDERAL

6 NATIONAL MORTGAGE ASSOCIATION (hereinafter referred to as

7 "FANNIE MAE"), FIRST HORIZON HOME LOAN CORPORATION

8 (hereinafter referred to as "FIRST HORIZON")and DOES 1-100.

10 3. Plaintiff is ignorant of the true names and capacities of

11 defendants sued herein as DOES I through 100, inclusive,

12 and therefore sue these Defendants by such fictitious

16 4. Plaintiff is informed and believes and thereon alleges

18 sued herein was the agent and employee of each of the

agency and employment.

5. On or about 4/2/2007, Plaintiff and FIRST HORIZON HOME LOAN

27 HOME LOAN CORPORATION. The "Nominee" identified in the

28 Deed of Trust is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,

2 defaulted on the loan obligation ("subject loan").

4 6. On January 4, 2011 Defendants conducted a non-judicial

5 foreclosure of the subject property in violation of a

6 Bankruptcy Court Order on Motion for Relief of the

7 Automatic Stay that lifted the stay, but enjoined

8 foreclosure until after January 15, 2011.

10 7. This action is brought against Defendant IBM, a Delaware

11 corporation, doing business in California and the alleged

12 "servicer" of the subject loan.

14 8. This action is brought against Defendant UTLS, a Delaware

15 limited liability company, doing business in California and

19 9. This action is brought against Defendant FANNIE MAE, a

2U Government Sponsored Enterprise (GSE) and Public company.

21 FANNll:'.: MAE is the named CRANTEE 0n a CORFORATION DEED OF

26 10. This action is brought against Defendant FIRST

1 was the named GRANTEE and BENEFICIARY named on the

2 TRUSTEE'S DEED UPON SALE delivered by UTLS following the

5 THEORY OF PLAINTIFF'S CASE

7 11. The allegations contained in each previous paragraph

8 of this complaint are re-alleged and incorporated herein by

11 12. On January 4, 2011, Defendants collectively conducted

12 a non-judicial foreclosure of the subject property in

13 violation of a Court Order. This brazen act is aggravated

14 by the recording of a knowingly false affidavit by

21 l .5. it is the pattein alld busines::; pract.Lce uf DetendctnLt'

23 manipulate and forge documents and to submit false

24 declarations, in the pursuit bankruptcy relief and in

2 California home owners in financial distress, Defendants

3 and their agents engage in a pattern and business practice

4 (hereinafter "fraud practice") of creating and filing

5 fabricated 1) Substitutions of Trustee, 2) Notices of

6 Default, 3) Notices of Trustee Sale, 4) Assignments of

7 Deeds of Trust, 5) Trustee Deeds Upon Sale 6) bankruptcy

8 Proofs of Claim, 7) bankruptcy Exhibits and 8) false

9 Declarations furtherance of bankruptcy relief and the non

10 judicial foreclosure of California real property, including

13 15. It is the pattern and business practice of Defendants

14 and their agents to utilize the services of "Robo-signer

l C. home owners in financial distress. Defendants and their

cases processed, but not for the

21 truth anu accuracy of the documents arid decld1.ctt...ie;ns

24 16. Defendants' collective improper purpose in filing false documents and