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[PLAINTIFF] [Plaintiff Address] [Plaintiff City, State, Zip] [Plaintiff Phone] Fax: [Plaintiff Fax] Plaintiff in pro per

IN THE SUPERIOR COURT OF CALIFORNIA
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IN AND FOR [PROPERTY COUNTY] COUNTY, STATE OF CALIFORNIA

[Plaintiff] Plaintiff, v. [Original Lender] [Servicer] [Trustee] and Does 1 through 50 inclusive. Defendant.

CASE NO.:

SUIT TO QUIET TITLE

VERIFIED COMPLAINT

SUIT TO QUIET TITLE

Loan Number: Parcel ID Number: Property Address: Legal Description:

[Loan Number] [APN] [Property Address]

[LEGAL DESCRIPTION]

JURISDICTION AND VENUE

The note here specifically identified the party to whom it was payable. 3203. 709 (9th Cir. 2009). 3. Cal. The Defendant is [Original Lender]. Inc. 3201. Code §§9313-9314. The Lender as defined on page 1 of the Deed of Trust. PARTIES 1.2d 705.. 5. 6. 7. Code §§3109. Com. The Plaintiff lives in [PROPERTY COUNTY] County and the Defendant has done extensive business in [PROPERTY COUNTY] County. The Plaintiff believes and contends that there are significant controversy and clouding of the title to the property and Deed of Trust. 2. Golden Plan of California. Com. 3. The Plaintiff is [Plaintiff] who is the legal title owner of the real estate property located in this county. Under California law. Civ. Without physical transfer. and the note therefore cannot be transferred unless the note is endorsed. The attachments to the claim do not establish that [Original Lender] endorsed and sold the note to any other party. See ROGER BERNHARDT. . Plaintiff motions this court to enter a judgment for a Quiet Title Action.26 (4th ed. [Original Lender]. 1986). or as unperfected. 8. 829 F. Code §3440. The Defendant is [Servicer] who is the current servicer. AND FORECLOSURE LITIGATION §1. 2. to perfect the transfer of mortgage paper as collateral the owner should physically deliver the note to the transferee. and Does 1 through 50 STATEMENT OF FACTS 4. Bear v. CALIFORNIA MORTGAGES AND DEEDS OF TRUSTS.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. See Cal. the sale of the note could be invalid as a fraudulent conveyance. Cal. Property is in [Property County] County and therefore falls under this Honorable Court’s jurisdiction. Real Estate is governed by State Law and therefore this Court has priority Jurisdiction. 3204.

the seller of an asset must sell the asset to a third party as an arms length transaction. Plaintiff further contends on information and belief that the alleged beneficiary on the deed of trust can not prove that they are in fact have Standing to enforce the negotiable instrument. 22. Further. The Plaintiff contends that the Defendant. [Servicer] is a debt collector. . Defendants failed to meet the proper statutory requirements under the California Civil Code to foreclose on a deed of trust. and is not a real party of interest. Therefore. 12. the seller may not repurchase the asset for the purposes of “reattachment”. The Plaintiff contends that [Original Lender] may have fully sold their interest in the promissory note in full as governed under Financial Accounting Standard Rule 140 (FAS 140). 13. 14. the Plaintiff contends that the Defendant. Furthermore. else release their claim. 21. 15. There is no evidence of transfer of ownership from the Lender to the Defendant. 11. under FAS 140. Once an asset has been sold. The Plaintiff contends that the promissory note which the above Deed of Trust secures has been securitized. The seller may only repurchase the asset in an open market transaction as an unsecured note. attempting to collect a debt. 18.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. The Plaintiff motions the court to order all parties with legal claim to stipulate and provide proof of claim against the above Deed of Trust. as they did not comport with the deed of trust and recordings pursuant thereof. [Servicer]. [Servicer] is not a real and beneficial party of interest. The “Lender” as defined on page 1 on the Deed of Trust is the [Original Lender] (see Exhibit A). 19. (See Exhibit B). A servicer of a promissory note does not have the rights of a holder in due course. Under FAS 140. the seller forever loses control of the asset. 20. 16. 17. 10.

AS NOMINEE FOR ORIGINAL LENDER. INC. 32. who is purporting to be the current beneficiary forthwith. The Plaintiff contends that the promissory note was securitized into a REMIC (Real Estate Mortgage Investment Conduit). 28. It is registered in the SEC database as a permanent fixture to the REMIC. The party must show evidence of the debt and standing. 27. Civ. 2349-2351s. Since no one party represents a real party of interest. 2400. 30. 34.2. (see Exhibit C) 24. then no one party may enforce the promissory note. Therefore. extortion and trespass. the Defendant(s) cannot be a party to this controversy. 31. That Defendant(s) who is acting as the agent of the principal failed to have written authorization to act for the principal and under Cal. 2295-2300. 2342-2345. which is a SPV (Special Purpose Vehicle) for the purposes of tax exemption and direct pass through. That the Trustee acting as agent of the Beneficiary. DBA [Original Lender] to [Servicer]. 25. 2330-2339. INC. A loan. 33. signing documents as the agent of the Beneficiary for Plaintiff’s Note and the notices therein has not conformed with the strict mandates of Civil Code sections 23. The Defendant(s) are not the real party of interest. and the title company acting as agent for the trustee. There is no evidence that the Defendant(s) has standing in this matter. 26. 29. Under IRS rules governing ownership interest of an asset. in which only the individual shareholders pay the tax for any profits earned. . which is fraud. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. that there is no assignment from the original Lender on the deed of trust. nor did the trustee have power of sale per the deed of trust requirements. Since the Defendant(s) is not a real and beneficial party of interest. once securitized is permanently converted into a stock. the Plaintiff contends that the real and beneficial interest holders of the promissory note are the individual shareholders of the REMIC. 2304-2305.. Note. Code Sec 1624 the agency relationship must also be in written form. tax must be paid by the owner of the promissory note for all interest/income/profits earned.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23.

the debt is discharged. In the event of a default. or nominees. MERS (Mortgage Electronic Registration System) the beneficiary. remove Trustee and appoint a successor Trustee to any Trustee appoint hereunder. 43. then the Plaintiff Moves this court to Declare the Deed of Trust to be null and void. PRAYER FOR RELIEF 46. As the owner and grantor of real property. the Plaintiff has a duty and right to defend the title to his property. The Plaintiff contends there has been an Invalid Assignment of the Deed of Trust. then the Deed of Trust is doubly invalid. This paragraph does not state that successors. then the Deed of Trust is therefore invalid. Further. 40. from time to time.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 35. under “Substitute Trustee”. Since the language of the Deed of Trust in says “This Deed of Trust Secures a Promissory Note”. since the debt has been discharged. On page 13 on the enclosed Deed of Trust (see Exhibit A). WHEREFORE. 36. 37. 39. 42. 41. which includes. the language clearly states that the Lender may. The Plaintiff contends that the debt has been discharged in full. for any reason or cause. 45. the REMIC (and therefore the individual shareholders) write off the debt and receives tax credit for the write off. assigns. Plaintiff respectfully moves this Honorable Court to enter a judgment ordering the following remedies: . (see Exhibit A) 38. If no one party can come forth to claim perfected security interest in the Deed of Trust. the Plaintiff hereby Moves this Court to enter an Order compelling all parties who can lay lawful claim on the Deed of Trust to do so by presentment of valid enforceable proof of claim. and since the promissory note is not enforceable by any ONE PARTY. Therefore. acting solely as the nominee for the Lender and Lenders successors and assigns as defined on page 13 of the Deed of Trust may appoint a Successor Trustee. Since there are significant controversy over who is the real parties of interest are in the Deed of Trust. 44. The Lender as defined on page 1 of the Deed of Trust is [Original Lender].

48. Declare the promissory note to be declared fully discharged. be declared to have no estate. 51. Plaintiff . Granting any such other relief as is necessary and appropriate. and each of them. from claiming any estate. title or interest in said property. and each of them. Declare the Deed of Trust to be null and void. right. For a judgment forever enjoining said defendants. _____________________________________ [Plaintiff]. 50. title or interest in the subject property. right. For a declaration and determination that Plaintiff is the rightful holder of title to the property and that Defendant herein.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47. 49.

Date: __________________ Signed: _____________________________________ . _________________ and hereby certify all the statements made above are true. “Affiant”. FURTHER THE AFFIANT SAYETH NOT IN WITNESS WHEREOF I hereunto set my hand and seal on this _________________ day of _________________.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PLAINTIFF] [Plaintiff Address] [Plaintiff City. Defendant. declare under penalty of perjury and state as follows: 1. hereinafter. All the facts herein are true. STATE OF CALIFORNIA [Plaintiff] Plaintiff.: VERIFICATION OF COMPLAINT The undersigned Affiant. does solemnly swear. v. State. [Plaintiff] Trustor and alleged Borrower. correct and complete. Verification Of Complaint CASE NO. correct of my own personal knowledge. [Servicer] [Original Lender] [Trustee] and Does 1 through 50 inclusive. Zip] [Plaintiff Phone] Fax: [Plaintiff Fax] Plaintiff in pro per IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR [PROPERTY COUNTY] COUNTY.

proved to me on the basis of satisfactory evidence to be the person who appeared before me. ___________________________________ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notary My Commission expires: __________________________ (seal) . Affiant JURAT 6 7 8 State of California County of [Property County] ) ) ss: ) Subscribed and sworn to (or affirmed) before me on this ________ day of 9 10 11 _____________________.1 2 3 4 5 [Plaintiff]. ________. by _____________________________.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A – Note and Deed of Trust .

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit B – Qualified Written Request .Dispute of Debt Letter Notice of Non-Response – Second Request for Proof of Claim Letter .

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit .C Property Legal Description .

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