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Livier Garcia 2280 North Yucca Ave Rialto, CA 92377 Pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY SAN BERNARDINO CIVIL DIVISION

LIVIER GARCIA, Plaintiff, : vs. ANTHONY FORSBERG, ASST. V.P. OF SPECIALIZED LOAN SERVICING LLC, SPECIALIZED LOAN SERVICING LLC, RMS RESIDENTIAL PROPERTIES LLC, REGIONAL SERVICE CORPORATION, ____Defendants.

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CIVIL CASE NO. COMPLAINT IN QUIET TILE ACTION Related Case UDFS 1102325

Comes now, Livier Garcia, Plaintiff [hereinafter Mrs. Garcia] in the aforesaid captioned case respectfully filing Complaint pursuant to California Rules of Civil Procedure, Rule 760.010 and sets forth the following in support thereof: JURISDICTION: Jurisdiction of this Honorable Court over subject matter is conferred by California Code of Civil Procedure, 760.040(b): The Court has complete jurisdiction over the parties to the action and the property described in the complaint and is deemed tot have possession and control over the property for the purpose of the action with complete jurisdiction to render the judgment provided for in this chapter.

1 COMPLAINT

read or write in English language. Suite 300. State of California. Highlands Ranch. Defendant: Regional Service Corporation is licensed to do business in California.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 PARTIES TO THE ACTION: Plaintiff: Mrs. STATEMENT OF FACTS: 1. of maps. Defendant: RMS Residential Properties LLC. CO 80129. Mrs. is a corporation licensed to do business in California. 2007. and was at all times mentioned herein.. Defendant: Specialized Loan Servicing LLC. There is no Notice of Assignment or Transfer to a third party that has been recorded in the Official Records Office of San Bernardino County. 2 COMPLAINT . Livier Garcia is the registered owner of 2280 North Yucca Avenue. Mrs. Highlands Ranch. Livier Garcia (hereinafter Mrs. Mrs. Address unknown. Rialto. CO 80129. County of San Bernardino. Garcia entered into a written contract [written in English] with Acropolis Mortgage Corporation to refinance her Mortgage. Mrs. whose registered address is 8742 Lucent Blvd. residing at 2280 North Yucca Avenue. Suite 300. Garcia is unable to speak. California 92377. Defendant: Anthony Forsberg. The legal description of said property is: Lot 9 of tract no. 10230. Her permanent residence. whose registered address is 8742 Lucent Blvd. Address unknown. Garcia) is. in the City of Rialto. in the Office of the County Recorder of said County. 2. Garcia has never received any notice of transfer or assignment from Acropolis Mortgage Corporation to any third party.. Rialto. is the Assistant Vice President of Specialized Loan Servicing LLC. CA 92377. 4. a legal Hispanic resident of San Bernardino County. as per map recorded in Book 180 pages 17 to 19 inclusive. On or about April 23. 3.

On or about August 5. 2011. purporting to be a “duly authorized representative of the owner and holder of a certain promissory note executed and delivered by the Borrower…” [written in English]. Asst. Garcia received a communication from Specialized Loan Servicing. California. a Substitution of Trustee was filed in the Official Records Office of San Bernardino County wherein RMS Residential Properties LLC claims to be the current Beneficiary [in lieu of Acropolis Mortgage corporation] appointing a substitute Trustee. Regional Service Corporation. 9. Regional Service Corporation. authorized non judicial foreclosure of 2280 North Yucca Ave. 2011. The County of San Bernardino has a fiduciary duty to verify the standing/authority of any party seeking non judicial foreclosure of real estate within the County’s jurisdiction.. of Specialized Loan Servicing LLC. On or about March 20.P. On or about October 05. Garcia received a Notice of Default and Notice of Intent to Foreclose from Specialized Loan Servicing LLC who now claimed to be “the current creditor to whom the debt is owed. 11. Regional Service Corporation [a California Corporation] filed a Trustee’s Deed granting all right. On or about May 04. 8.] 10. On or about August 09. title and interest in the property in question to RMS Residential Properties LLC.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 5. Mrs. 6. 2011. V. 2011. [Written in English. LLC. This Substitution of Trustee was submitted by Anthony Forsberg. Anthony Forsberg. Mrs. Asst. On or about June 02. 3 COMPLAINT . Specialized Loan Servicing LLC. recorded a Notice of Trustee’s Sale in the Official Records Office of San Bernardino County. Vice President. Rialto. 2009. 2011.” [Written in English] 7. as “Attorney in fact” for RMS Residential Properties LLC.

had standing to foreclosure on said property. in which event there would be proper receipt/forms authenticating the purchase. Acropolis Mortgage Corporation. or the FDIC1. Without verification of a transfer/sale/assignment to RMS Residential Properties LLC. Garcia’s property without lawful authority to do so. Notice of Trustee’s Sale. There is no evidence in record that RMS Residential Properties LLC is the true Beneficiary and note holder. The actions of the named Defendants acting in concert is unlawful conversion of Mrs. Specialized Loan Servicing LLC authorized a non judicial foreclosure on Mrs. collectively or separately. If Specialized Loan Servicing LLC cannot produce assignment by the valid Note Holder they have perpetrated a fraud upon this Honorable Court. by the last registered Beneficiary/Note holder. Not one of the named Defendants have established any evidence that any one of them. Garcia‘s property. the Substitution of Trustee. RMS Residential Properties LLC is not the legal Beneficiary/Note holder.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 FIRST CAUSE OF ACTION: Illegal Non-judicial Foreclosure. RMS may have purchased the Note from FDIC if Acropolis Mortgage Corporation failed. Garcia reserves the right to add a cause of action for Fraud in the event the named Defendants fail to provide the discovery to be requested. and Trustee’s Deed2 are null and void. Specialized Loan Servicing LLC fraudulently represented ownership of Mrs. SECOND CAUSE OF ACTION: Unlawful Conversion. RESERVATION OF THE RIGHT TO ADD A CAUSE OF ACTION FOR FRAUD Mrs. Garcia’s debt/note. 2 How can a self-proclaimed Beneficiary record appointment of a substitute Trustee who it turn subsequently provides a Trustee’s Deed back to the self-proclaimed beneficiary without raising a question of fraud? 4 COMPLAINT .

their assigns. agents. 2011 Respectfully submitted. their assigns. Regional Service Corporation. Garcia is the rightful holder to the property and that defendants. Regional Service Corporation. Mrs. right. Garcia prays for the following: 1) A Determination and Declaratory judgment that Mrs. RMS Residential Properties LLC. DATE: December 2. California. 2) A Judgment forever enjoining said defendants. Notice of Trustee’s Sale. and Specialized Loan Servicing LLC. RMS Residential Properties LLC. ________________________________________ Mrs. California.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 WHEREFORE. title or interest in 2280 North Yucca Avenue. Rialto. Rialto. 3) Void . and Trustee’s Deed from the Official Court Record. or representatives from claiming estate. agents. and Specialized Loan Servicing LLC. Livier Garcia Livier Garcia 2280 North Yucca Ave 5 COMPLAINT . right. the Substitution of Trustee. title or interest in 2280 North Yucca Avenue. 5) Any other equitable relief deemed appropriate by this Honorable Court. or representatives have no estate. 4) Costs of the instant suit.

: SPECIALIZED LOAN SERVICING LLC. : Plaintiff. DATE: December 2. and belief. information.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 Rialto. Livier Garcia. : ____Defendants. COMPLAINT IN QUIET TILE ACTION VERIFICATION VERIFICATION I. CA 92377 Pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY-FONTANA JUDICIAL DISTRICT LIVIER GARCIA. : : RMS RESIDENTIAL PROPERTIES LLC : REGIONAL SERVICE CORPORATION. : : : vs. do hereby verify under the penalty of perjury that the contents of the heretofore attached Complaint are true and correct to the best of my knowledge. Case no. 2011 _______________________________ Livier Garcia 6 COMPLAINT .

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 Livier Garcia 2280 North Yucca Ave Rialto. a true and correct copy of the Verified CrossComplaint upon the party at the address listed hereunder: Parnaz Parto. : SPECIALIZED LOAN SERVICING LLC. CA 92377 Pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY-FONTANA JUDICIAL DISTRICT LIVIER GARCIA. Jackson & Associates. 2011 ___________________________________ 7 COMPLAINT . Esquire Robert J. : vs. The undersigned is over 18 years of age and not a party to the afore-captioned case and has caused to be served. 4199 Campus Drive. Suite 700 Irvine. Inc. : : RMS RESIDENTIAL PROPERTIES LLC : REGIONAL SERVICE CORPORATION. by way of first class mail. : PROOF OF SERVICE : : Case no. Plaintiff. : ___Defendants. CA 92612 DATE: December 2.