Request For Judicial Notice #1
Content
No. 09-56133
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RICHARD SHELLEY, Pro Se Plaintiff-Appellant, Plaintiff-Appellant, v.
QUALITY LOAN SERVICE CORP ET AL., Defendants-Appellees.
Request for Judicial Notice Of Plaintiff-Appellant Richard Shelley In Opposition To Appellee Litton Loan Servicing LLP’s Request For Judicial Notice.
& Motion For Other Relief Of Plaintiff-Appellant Richard Shelley.
On appeal from Motion To Dismiss in Shelley v. Quality Loan Service Corp., et aaI., I., Case No. SACV09-291 CJC. Cormac J. Carney, United States District Court Judge. United District Court, District of California-Southern Division (Santa ReganState Federal Building andCentral U.S. Courthouse, 411 West Fourth Street, Room 1053Ana) SantaRonald Ana, CA 92701
RICHARD SHELLEY Plaintiff-Appellant Self-Represented, Proceeding Pro Se Telephone: (714) 901-4136 7052 Natal Dr. Apt. 85, Westminster, CA 92683
I. In this Motion is a Request for Judicial Notice pursuant to the Federal Rules of Evidence, Rule 201, made in Opposition to Appellee Litton Loan Servicing L.P.’s Request for Judicial Notice which does not satisfy Fed. R. Evid. 201(d) A. The record proceedings requested for judicial notice by Appellee Litton Loan Servicing L.P. (hereinafter “Litton”) are actually void, which factual basis in this Request for Judicial Notice (hereinafter “RJN”) in support of their being void has been provided (see RJN Ex. # 3-CLA and others), and Litton’s request has been brought before the Court in bad faith. Litton requests that the Court to take judicial notice of the disposition of an unlawful detainer default judgment entered filed in the California Superior Court in the County of Orange purportedly following a Trustee Sale regularly conducted by Appellee Quality Loan Service (hereinafter “QLS”) and the recording of a Trustee’s Deed Upon Sale which allegedly passed legal title to a bona fide purchaser for value without notice. But Litton has not provided the necessary basis to validate the sale and consequently the default judgment that QLS was the Trustee of record, had authority to conduct the sale, and that the sale was regularly conducted. Nor has Litton supplied a copy of the purported Trustee’s Deed Upon Sale to the Court in its request which would be a requisite to support its contention that a sale had occurred in order for the Court to take notice. See See M/V M/V Am. th
Queen v. San Diego Marine Constr. Corp., Corp. , 708 F.2d 1483, at *1491 (9 Cir.1983) Cir.1983) “As “As a general rule, a court may not take judicial notice of proceedings or records in another cause so as to supply, without formal introduction of evidence, facts essential to support a contention in a cause then before it. 29 Am.Jur.2d Evidence Am.Jur.2d Evidence § § 58 (1967)”. B. The contents, declarations, and supplemental evidence provided in this Motion is proper for GMAC, 2:09-cv-00891, US Dist. (E.D. Cal. 2009) 2009) “It is not Judicial Notice See See Blomquist v. GMAC, uncommon for courts to take judicial notice of factual information found on the world wide web.”(quoting O'Toole v. Northrop Grumman Corp., Corp., 499 F.3d 1218, 1225 (10th Cir. 2007)); 2007) ); (“This is particularly true of information on government agency websites, which have often been treated as proper subjects for judicial notice.”) Paralyzed Veterans of America v. McPherson McPh erson,, C 06-4670, US Dist. (N.D. Cal. 2008); 2008) ; ("In particular, a court may take judicial notice of its own records in other cases, as well as the records of an inferior court in other cases.") United States v. Cir.1980) . Wilson, 631 F.2d 118, 119 (9th Cir.1980). Wilson, 631
Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief
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II. In this Motion it is also respectfully asked of and Prayed for by Appellant of this Honorable Court to Strike: 1. Appellee Litton’s Notice of Motion and Motion to Dismiss Case, FRCP 12(b)(6) Motion filed by Defendant Litton Loan Servicing LLP as Doc. # 25 25 (Attachments: # 1 Memo of Points & Authorities, # 2 Declaration of Chaise Bivin, # 3 Request for Judicial Notice, # 4 Proposed Order) (Filed and Entered: 05/20/2009). Which was not served on Plaintiff/Appellant, and was untimely pursuant to the time limit in the summons to respond to the complaint, the forfeiture time limit under 15 U.S.C. 1635(b) for the offer to tender (see RJN Ex. # 2-RN2), the time limit on which the rescission process must begin or seek relief from the Court under 12 C.F.R. § 226.23(d)(2).3., and the time limit on which the District District Court had subject matter jurisdiction to hear the motion and argument under 15 U.S.C. 1635(f). 2. The Notice of Non-Opposition to Motion to Dismiss Case, FRCP 12(b)(6) Motion 25 25 filed filed by Stephen F. Dial as Doc. # 27 27 (Attachments: # 1 Declaration of Stephen F. Dial)(Filed and Entered: 06/01/2009). Which had also not been served on Plaintiff/Appellant, and whom Stephen F. Dial at the time had already been discharged and even said himself that he could no longer “fulfill any sort of legal representation”. See RJN See RJN Ex. # R-POA. R-POA. III. In this Motion it is also Prayed for of this Honorable Court that Appellant be afforded an additional 7-10 days to finish his Reply Brief, reasons why that relief should be granted being the cause of undue delay was caused by the actions of Appellees that were beyond Appellant’s control and had no warning of. Whereas under these circumstances the Appellees have prevented Appellant from fully exhibiting his case to be heard and tried by an impartial Jury, a Constitutional Right guaranteed by US Const. art. Amend. VII, Appellees have taken actions without notice to the Court or Appellant which in effect have caused instruments to be recorded in the official records wherein Appellant resides which has resulted in an abuse of process wherein an unlawful detainer complaint was filed and after attempting to have the case removed to the District Court Appellant was wrongfully ejected from his residence and was deprived due process of law. Which has in effect has caused undue burden and delay to this Honorable Court. Wherefore this Honorable Court has the power to grant relief under US Const. art. Amend. XIV. Whereas also attorney Stephen F. Dial has colluded with Appellees and connived against Appellant to his
Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief
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detriment. The judgment granting the motion of dismissal with prejudice in the District Court, and the granting of default judgment and writ of execution in the Superior Court should all be vacated, set aside, reversed or a new trial be granted, which is warranted. See United States v. Throckmorton,, 98 US 61 (1878) “There Throckmorton (1878) “There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents, and even judgments.” Id. at *64. “If the court has been mistaken in the law, there is a remedy by writ of error. If the jury has been mistaken in the facts, the remedy is by motion for new trial. If there has been evidence discovered since the trial, a motion for a new trial will give appropriate relief. But all these are parts of the same proceeding, relief is given in the same suit, and the party is not vexed by another suit for the same matter…. [T]hese proceedings are all part of the same suit, and the rule framed for the repose of society is not violated. But there is an admitted exception to this general rule in cases where, by reason of something done by the successful party to a suit, there was in fact no adversary trial or decision of the issue in the case. Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practised on him by his opponent, as by keeping him away from court, a false promise of a compromise; or where the defendant never had knowledge of the suit, being kept ke pt in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without authority assumes to represent a party and connives at his defeat; or where the attorney regularly employed corruptly sells out his client's interest to the other side, — these, and similar cases which show that there has never been a real contest in the trial or hearing of the case, are reasons for which a new suit may be sustained to set aside and annul the former judgment or decree, and open the case for a new and a fair hearing hearing ” Id. at *65-66. *65-66.
/s/Richard Shelley - 7/29/10 Richard Shelley – Date Executed
All Rights Reserved
Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief
Page 4
Table of Contents of the Request for Judicial Notice
Exhibit # 1-RN, consists of *1 the Qualified Written Request Notice of Rescission mailed certified to Frank S. Livacich return receipt signed by Frank S. Livacich on March 20, 2008, and *2-3 declarations by Richard Shelley and Philip Shelley of the verified faxing received by Fremont Investment & Loan on or about March 21, 2008 of the Notice of Rescission at *1 Id. Exhibit # 2-A1, consists *1-24,material from Uniformand Residential Report signed and completed onof April 2006 forpages certain realtheproperty, *3-4 the Appraisal Preliminary Title Report completed on May 12, 2006. Exhibit # 2-DG, the Grant Deed before being signed, notarized, altered and then recorded. Exhibit # 2-DGA, Recorded May 26, 2006 in Official Records, County of Orange, California the Grant Deed by and to Richard Shelley after being Altered and then subsequently recorded. Exhibit # 2-DTO, the Deed of Trust before being signed, notarized, altered and then recorded. Exhibit # 2-DTPA, Recorded May 26, 2006 in Official Records, County of Orange, California – pages from the Deed of Trust after being Altered and then subsequently recorded. Exhibit # 2-FWR, a disclosure received April 15, 2008 from Fremont Investment & Loan in connection with Loan # 1000321997 together with the notice from Exhibit # 2-MC, at *1. Exhibit # 2-MC Miscellaneous Correspondence Exhibit # 2-MUA, an incomplete MERS Assignment Unexecuted date received unknown. Exhibit # 2-RN2, the second Notice of Rescission mailed to Appellee Litton Loan Servicing L.P. certified return receipt seal stamp dated April 11, 2009 offering tender of property, a total accounting and calculation of principal due after crediting all amounts received. Exhibit # 2-TDL, Recorded June 27, 2008 in Official Records, County of Orange, California the Trustee’s Deed Upon Sale Mailed to Appellee Litton Loan Servicing L.P. Exhibit # 2-TDLA, Recorded July 10, 2008 in Official Records, County of Orange, California Assignment of Deed of Trust by Appellee Litton Loan Servicing L.P. Exhibit # 2-TDR, Recorded July 16, 2008 in Official Records, County of Orange, California Notice of Rescission of the Trustee’s Deed Upon Sale recorded on July 10, 2008. Exhibit # 2-WQLS, consists of *1-3 Website of Appellee Quality Loan Service Corp. snapshots, *4-9 the linked instruments with added highlighting markups accessible from the website, and *10-12 declarations concerning the conflicting information surrounding the instruments. Exhibit # 3-CLA, (part 1) filings from the civil limited action in the California superior court and facts relating to and circumstances surrounding the case. Exhibit # 3-CLA,(part 2) filings from the civil limited action in the superior court and declarations.
Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief
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Exhibit # 3-DTD, Recorded October 1, 2009 in Official Records, County of Orange, California the Trustees Deed Upon Sale for the total amount of the unpaid debt together with costs: $0.00 by Appellee Quality Loan Service Corp. granting and conveying for the total bid amount of $0.00 paid by Tilamook Partnership et al. for such property, but without covenant or warranty, expressed or implied, all right title and interest conveyed to and held by it under the Deed of Trust executed by Richard Shelly, as trustor. Exhibit # 3-MIN, webpage snapshots from the MERS (Mortgage Electronic Registration Systems) of the MIN (Mortgage Identification Number) # 1001944-1000321997-4 and a declaration. Exhibit # 3-SP, Recorded October 6, 2009 in Official Records, County of Orange, California Statement of Partnership by Tillamook Partnership. Exhibit # 3-TPGD, Recorded January 4, 2010 in Official Records, County of Orange, California - a Grant Deed by Tillamook Partnership. Exhibit # D-TOF, the email correspondence with the Court Reporter and the Clerk of the Court, and the Declaration as to the Filing of the Transcript Order. Exhibit # FB-GN, some Factual Background of Gary Nguyen and his bankruptcy attorney who worked right next door to attorney Stephen F. Dial. Exhibit # FB-SDS, some Factual Background of Steven David Silverstein. Exhibit # R-POA, the Revocation in and Grant of Power of Attorney. Exhibit # VD-PFC, past SEC case filed against two individuals who both have notarized deeds relating to the property in this case, and one of their real estate licensing information and mailing address. D-ATH, Declarations as to Account Transaction History D-CT, Declaration as to the Credit Transaction
Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief
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UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
RICHARD SHELLEY,
Plaintiff – Appellant, V. QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING LLP Defendants – Appellees,
and FREMONT INVESTMENT & LOAN
No. 09-56133 D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana EXHIBIT # 1-RN ATTACHED DECLARATIONS OF RICHARD SHELLEY & PHILIP SHELLEY
Defendant.
I Richard Shelley Plaintiff/Appellant in the above captioned case do declare as follows. To the best of my memory and belief on or about 3/21/08 after having received the certified delivery return receipt included with the Notice of Rescission on the first page of this exhibit (Exhibit # 1RN), I instructed and authorized my son Philip Shelley to transmit the rescission notice either by email notification or facsimile transmission and confirm delivery to Fremont Investment & Loan, a Defendant in the above captioned case now on appeal. The transmission apparently was successful by facsimile using a fax machine and a fax number provided by Defendant Fremont Investment & Loan and delivery was apparently successfully confirmed telephonically by a representative with the company. I Richard Shelley do declare under penalty of perjury that the foregoing is true and correct. /s/Richard Shelley 6/25/10 Richard Shelley Executed on
Shelley v. Quality - Exhibit # 1-RN
Page
Declaration of Philip Shelley
I Philip Shelley do declare as follows. On or about 3/21/08 with authorization from my father Richard Shelley a party in the aforementioned captioned case of the previous page of this exhibit, page 1 of this exhibit titled “Qualified Written Request NOTICE OF RESCISSION”(with the return receipt included) Exhibit # 1-RN as part of this request for judicial notice, was transmitted by facsimile to Defendant Fremont Investment & Loan at (866) 484-0291 which receipt was verified by a representative of Fremont Investment & Loan believed to be named Evangelina telephonically at (877) 537-3666. No objections or dispute occurred, no conditions were ever proposed, the representative for Fremont Investment & Loan verified having received the document which was identified by referring to the title of the Document as as “Qualified Written Request NOTICE OF RESCISSION”. Fremont Investment & Loan is a party in the captioned case on the previous page of this exhibit. Which was filed in the United States District Court in the Central District of California, Southern Division located in the city of Santa Ana, County of Orange on 3/09/09, Case No. CACV 09-291 CJC which is now on appeal in the United States Court of Appeals for the Ninth Circuit as Docket No. 09-56133. I Philip Shelley do declare under penalty of perjury that to the best of my knowledge and belief the foregoing is true and correct.
Digitally signed by Philip J. Shelley DN: cn=Philip J. Shelley, o, ou, [email protected], c=US Reason: I attest to the accuracy and integrity of this document Date: 2010.06.25 11:39:38 -07'00'
Shelley v. Quality - Exhibit # 1-RN
Declarant:
Philip Shelley -
Date
Page
Exhibit # 2-A1
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lellOe'/Clletll may disclose 01 aist"t>uta this ~ p p , a i s a l 'epon 10: I h ~ bOllower: anelh anelhe er lende' Bt the request 01 th@ oorrower: the mongagee or lIS successors and assigns assigns:: mOOgage insurers: governmen governmentt sponsor sponsore ed enterprises; Illner secoodary market participants: data co ll ection or reporti ng services: pro essmnal appraisa l orgamzatioos orgamzatioos:: any (lepartment (lepartment,, ageflCY, Ilr Inslrumenlatity 01 \lie IJnile(l Stales: and any slate, the Dist(,ct 01 CciumDia, or otM I jUlisdic\lons jUlisdic\lons;; ",,;IMul navin 10 obtain IhC appralser"s or supervisOry appraiser"S (i (ill appl appliicable) consent. Such consent must be obtaine obtained d berore lh ls appraisa appraisal reporl may be disc l osed Ilr disuibuted 10 any other party (rnCludIl1C . but no; limited to, the Dutl ic tnrougn advertls inc, cuolie news , sales. or otlltl media). l e l a u o 21. TI1
22. I am aware iM I ~ n y disclosure or distributIon ul [niS appraisal report bV me or t he lendef/client mav be suOjec t to certain laws law s and regulati(lnS F ~ r t h I am also subleC 10 the provisions 01 the UnilOim Standar Standa rds 0 1 Pro Proll assional Appraisal P e l i t e lhat perta pertaiin 10 d<SClcs ure or dist dis tribul ribulllon by me. 23. Tne bOllowel bOllowel,, anotller lendel al the Icqucst 01 lhe bOlioWel. bOlioWel. the mortgagee or IrS successors ana assigns. mortgage In SUlCrS , govammen1 sponsoled enterprises, ana ornel secondary markel partiC ipantS may rely on til ,s appraisal raport as part 01 any mortgage linanee lransaction tha t i n ~ o y e s any O le or more 01 these Danles Danles.. 24, II IhlS appraisal repM w as tlan$mined as an " electrOnic record" recor d" cO ll31 ll31ning my '·e lectrOniC s·gnalure: gnalure:·· as nose lerms a'e aetired wI applicab le ledelal and and// ol stale laws ( e ~ c l u d i n g audiO and v i d ~ o reco'dings) , 01 a lacsimile transmission oi thIS appraisal reoon containing a copy or l€jl l€jlrresenta esentattion 01 my signature. tM app raisa aisall report sha shallll be as eUeCl,ve, e n l o r ~ e a o and valid 2S il a paper version 01 Ih is appraI appra Isa l repOJ1 were de livered containIng my oliginal hand wollen r l f l l u r ~ 25. Any i nlentiona nlentionall 01 ne 1igent 1igent mlsrepresemalicn(s) conLllnea in this appnllsal repon may result 10 Cvil IlablUly lIndlo lIndlorr cnmnal penal penaltties rncludmg. but nol limled to. line Of Imprisorunenl or b0111 under lhe provisions 01 Tille t8 . United States Code. SectIon 1001, 81 SBQ., or sim simiilar stale
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1, I OlleCi ly supe sup elVlsed lhe appraisel t or thiS appraisa appraisall assignmem, assignmem , have reaa the appraisal report report,, and agree wi w itn the appfalser"s analYS IS. opin ions. slatement slatement s , conClUSIons , and the appraiser"s ccni1icalion . 01 this applai applaisal re pon inc incllUding. but not not limited to, the appraise r's ana lysis, cpi cpinions ons,, statements , conclUS i ons ons.. and Ihe appraise(s cerlilitatlon. cerlilitatlon.
2. I accept lul l responsibility for Ihe contents
3. The app apprraiser ,dentiliearn thIS ~ p p r a s a ( lepon is either a sub-contract sub-contrac tor or an empl emp loyee 01 the supervisory apprai appra iser (01 tile appra::sa l tirm) , is Qua lified to pcrtOlm thiS apPlaisa appra apPlaisal. l. ana is acceptab acceptablle to perlolm Ihls 3PPl31s ai UMer the aw cable state law. 4. This appra isa sall l epCfl compli es the Un itorm Standards ot P l o l e s ~ i o n a l App raisal P l a c i ~ e that wNe aoopted ana promulgaled by Ine AppraIsa l Standards Boord 0 1 Thli Appraisal Foundatio Foundation n and tha were in place at the time th thii S appraisal l e p o was plepared. plepared.
was transm transmiitted as an '" etectronic record " Containin\l my "e eC\lo l1C SllJrtature: SllJrtature:·· as Ihose telms are datiJ1 d in apphcabl apphcab le federa l anel/or slate laws ( excludmg audIO and video IccordlngSj. or a ~ c s i m i l e transmission 01 th thIIS appraosal r epo rt contaIning copy 01 represenlatlOJl of my sIgna sIgnatt ure, Ille app l alsal report shall as eHecti eHectill 'e, entorceable and v a ~ d or ig ina l nand wri wr itte tten n SI lna lnatture ure.. as il a pape version 01 th ,s apPlaisal report werp aelivered comaln lnlJ my ori 5 . It 1,IS appraIsa appraIsall report
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6721 TILLAMOOK AVE, WESTMINSTER CA 92683-2572 Owner Information :
Owne r Name Name:: Ma iling Address Address:: Phone Number Number::
Location Information :
lega l Description Description::
Coun ty: Count Census Tract/ B l ock ock:: Towns To wns h ip-Range p-Range-- $ect : legal Book/Page Book/Page:: Leg Le g al Lot:
SHELLEY RICHARD & JERRI L 6721 TILLAMOOK AVE , WESTMINSTER CA 92683-2572 C026 Vesting Vesti ng Codes Codes:: HW JT
N TR 2388 L O T 174
ORANGE , CA
999 .0 3 / 1 174
APN : Allernale APN : Subdivision : Map Re Refe ferenc rence e: Tractt # : Trac
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Markel Area: Neighbor Ne ighbor Code: Owner Transfer Information Recording/Sate Dale Dale:: 0312312005 / 03/16 03/161 12005 Sa le Price Pric e : Document # : 218548 Last Market Sale Information Recordiing/ Sa Record Sale le Dale: Dale : 08// 8/1985 0411985 08 Sall e Price: Sa Price : $75,,000 $75 FULL Sall e Type Sa Type:: Document Docu ment # : 294099 Deed Type Type.. GRANT OEEO Transfer Document # : New Constructi tructio on : T iU e Com pan y : le n de r . Seller Name Name:: GALE EDWARD J Prior Safe Information P rio iorr R eclSa eclSale le Dale: , Priorr S ale Price Prio Price:: Priorr Doc Number Prio Number:: Prior Deed Type: Type : Property Characteristics
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1,257
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GARAGE CARPORT
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218549
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$59..67 $59
ConstrUGtiion · ConstrUGt Heat Type Type:: Exte xterior rior wall : Porch Type Type:: Patio Type Type·· Pool : Air CO ll d: Style:: Style Quality : Condii ti on : Cond
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Lot Are Area a: l ot Width Wid th/Deplh /Deplh·· ResffComm Uni Res UnilS :
15 ,48 480 0 12 0) 129 I
S ia le Use· Use · S ite Innuence nnuence:: Sewe Se we r Type · Wat e r T ype pe::
Assessed Ye Yea a r: Im pro ve %: T a x Year Year;;
2005 042% 2005
Property Tax : $1,979.46 T ax Area: Area: 20033 T ax Exemp Exemptti on on..
SF
$157 , 145 $157, $90 ,635 $66 ,510
GRANT DEED
P rior Lender: Lender: Prior 1st Mig AmtfType: AmtfType : Prio Pr iorr 1St Mig Ra te fT fType ype :
1, 257
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Deed Ty T ype : 151 Mtg Document # :
Gross Area Area::
Total Rooms: Rooms : edrrooms · ed Balh((FJH : Balh Yearr B ui a I Eft Yea Eft:: F ir ireplace eplace : # of Stor Sto r ies es:: Otherr I mprovements Othe mprovements:: Site Information :
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Transaction History Report
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TRANSACTION HISTORY Hi s tory Recor Record d
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Sale Recording Date Date::
0 3 23 2005
Sa le Date: Rec . Document : Rec. Docume Docum en t Type : Title Company Company.. Buyer: Sett e r:
03 16 161 12005
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Mi g Reco Recorrding D ale: Docu ument : Mtg Doc Documenll Type Documen Lend e r: Loa n Amount: Borrowe Borrow e r 1. Borrower 2: 2: Borrower 3. 3. Borr row Bo rowe e r 4: 4:
Satte Pr Sa Pr ice ice::
ype:: Sale Price T ype MultiilSpl Mult lSpliil Sale: Sale : G RANT DEED Ot her Document : FIRST SOUTHWESTERN TIT TITLE LE C OM PA SHELLEY RICHARD & JER RI L CAL V ET
UNKNOWN
t8548
03 23 12005
2 18549 T RUST DEED 260,000 / SHELLE Y R ICHARD SHELLEY J ERRI L
Mig loan Type Type:: Mtg Rale T Ty ype :
P RiV ATE PART Y
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5 12 2006
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
RICHARD SHELLEY,
No. 09-56133
D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana
Plaintiff – Appellant, V.
EXHIBIT # 2-DG ATTACHED DECLARATION OF PHILIP SHELLEY
QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING LLP Defendants – Appellees,
and FREMONT INVESTMENT & LOAN Defendant.
I Philip Shelley do declare the following. I have reviewed and compared both this exhibit (RJN Ex. # 2-DG *1) and RJN
Ex. # 2-DGA.
included a miniature image shot from RJN
In this declaration attached to the exhibit I have
Ex. # 2-DGA,
at *1 with added red and purple
markings indicating what alterations were apparently made without Richard Shelley’s knowledge sometime before or after the transaction which is as it appears when the instruments to have been signed and notarized, but without formal notice for authorization nor consented approval being made prior to or after the instrument had been recorded. Some obvious signs other than the handwritten modifications marked in purple that were no doubt made after the apparent signing and notarization which at the time appears to have contained no exhibit A at the time of the transaction are as follows. The addition made following “Richard Shelley, an Unmarried Man” in Times New Roman font, the following was added using Courier New font similar to
this:
Shelley v. Quality
“, who a quired separate property
title
as a si gle ma as /Richa d L. Sh lly”
his
sole
and
RJN Ex. # 2-DGA, at *1. You can even tell just by co paring the two commas from the bove
quoted i the instru ent from which they ar e cited and
ichard Shelley did not ever acquir title
as Richard L. Shelly nor ever as Richard Shelly. Th legal des ription is
ot the full legal
description which th re was plenty of room or. The pur ported addr ss added to the instrument is incorrect despite th correct address being in the upp r left hand corner. I
hilip Shell y do
declare nder penalt of perjury that I have reviewed t e exhibits eferred to i this decla ation and to the best of m knowledge the foregoi g is true an d correct.
Digitally signed by Philip J. Shelley DN: cn=Philip J. Shelley, o, ou, [email protected], c=US Reason: I have reviewed this document Date: 2010.07.23 17:38:50 -07'00'
De larant: Ph ilip Shelley - Date incl ded
Shelley v Quality
Exhibit # 2-DGA
# 2-DTO
Lenderr 's add Lende addrress is
2121 E IMPERIAL
(D) " Teostee"
HIGHWAY
, SREA
CA
92821
FREMONT GENERAL CREDIT CORPORATION , A CALIFORNIA CORPORATION
(E) MERS is Mongage Elec Electroni tronicc Registration Systems. Systems. In Inc. c. lvIERS is a separale corpor corpor ati o n thal is ac tin g solely as a no min minee ee fo r Lender an d Le nd er 's successors and assigns. MERS is th e beneficiary under this Security Securit y In strume nt. MERS is organized and existing under th e laws o f De D elaware, and has an address and numberr of P.O. Box 2026, Flint Flint,, M ] 4850 1-2026 -2026,, tel. (888) 679-MERS. te lephone numbe (F) "Note" means the pr p romi omisso sso ry not notee signed by Borrower and da ted t. ay 15, 2006 The Note stat sta tes that Borrower owes Le nd er Two Hundred S e v e n t y - T h r e e Th o u sa n d and Do llM S 273, 000 . 00 interest. est. Bo rrow er has has pro mised lO pay thi s debt in reg regular ular Periodi Periodicc ) plu s inter Payments and to pa y the debt in full nOl la te r than J une 1 , 2036 mean s th e property that is described below un der the headin heading g "Transfer of Ri ghts in th e ( G) " I>ropert y" means Prope Pr ope rt y. (H) " l o an means th e deb ebtt evidenced by th thee Note, plus int interest. erest. any pr preepayment charges and lale chM ges due under th e No te, and all sum s du duee un de r hi hiss Security In strum trumeenl, plus plu s intereSt. Securr ity In strum trumeent thaI are exec executed uted by Borrower. Th Thee foUowing (I) " Riders means all Riders to thi s Secu 100
(U.S. $
Riders are to be executed by Bo rrow er r hec eck k box as appli ap plica cabl ble]: e]:
o
Adjusta bl e Ral e Rider Adju Bal loon Rider VA Rid Rideer
o o
Co ndomin Con dominiu ium m Rid Rider er Planned Plann ed Unit Develop Developm ment Rider Biwee Biw eekl y Paym Paymee nt Rider
o D
Second Home Rider 1-4 Fam il y Rider Oth,,(s) [spec [specify ify]]
means all co conlr nlro ollin lling g applicable fede federral al.. stat tatee and loc ocal al stalUtes, regulations, J ) "A pplicable Law ord in ances and administra administra tiv e rul rules es and or order derss ( that have have th e effect of law aw)) as well as all applicable final . non-appealable j ud ic ial opinions. unity y Ass ssociation ociation Dues, Dues, Fees Fees,, and Assessments" mean meanss all dues, du es, fees, assessm assess ments and o th er (K ) Comm unit char harges ges th a t ar aree impo imposed sed o n Borrower or th e Properly by a co cond ndo o min miniium assoc associiation, homeow omeown ners associatio n or s imilar organ organiization. (L) E lectronic Funds Transfer means an y tran sfer o f fu nds, oth o ther er than a tran transactio sactio n or ig in ated by check check,, draft,, or s imilar paper instrument, whic h is in itiated th ro ugh an e lOC lI oni draft nicc terminal , te telle phoni phonicc instrumenl, compu comp u ter, o r ma g neti c tape so as to orde orderr , ins tru ct, or a uth orize a financial in s titution to debit or credit an accou nt. Such te rm includes, b ut is n ot limited limited to, poi nl nl-o -off-sale tran sfers, auLOma ted tell er mach in e transactions,, tran s fers initiated by telep transactions telephon hone, e, w ire transfers transfers,, and automated clearingho use transfers. ( M ) E sc scrow row Ite Item s " metms th ose items that are desc escribed ribed in Sec Section tion 3. (N) " Misc Miscee ll aneous Proce Proceeed s mean meanss any co mpensa pensatio tion, settl emenl, aWMd of dama damages, ges, or o r p roceeds paid by any th ird party (o th er th a n ins urance proceeds paid un der th e coverages described in Secti on 5) for or:: ( i) mage ge to to,, o r dcs dcstru trucc tion of, th e Property ; (i i) condemnation conde mnation or o th er taking of all o r any part of th e Property; da ma (iii) conveyance in li e u o f conde condem mnation; or ( iv) misrep misreprrese esentati ntatio o ns of, or o mi ss ssions ions as to to,, th e valu e and/or condition of lIl e Prope Properrty. urance ce proleC again n st the nonpayment o f, or default o n , th e 0 ) Mortgage In s urance " means in s uran proleCtin tin g Lender agai Loan.. Loan
( P) "Periodic Payment means th e reg ul ar arlly sc heduled amoum due for i) prin princc ipal and in intercst tercst under th e Note, p lus ii ) an y am ounts un der Sec tion 3 of thi s Sec Securit urity y In Instru strum ment.
Inlll_I ,
Q ® A {CA ) (0207)
P e g e 2 0 1 IS
F o rm 3005 11 1
(Q) RESPA means th thee Real Esta Estatte Set ll eme nt Pr Proced oced ur es Ac Actt (12 U.S.c. Section 260 1 e t seq.) and ts implementin implementi ng regulatio egulation n , Regulation X (24 C.F C. F.R. Part 3500), as they mi g ht be am ameended f rom tim e to tim e, or any add addiitional or s uccess ccesso o r le g islation or o r regulation th at gove govern rn s th e same subj ubjec ectt ma ma tte terr . As used in thi thiss Sec ecurit urit y In s trum trumee nt , RESPA re fers to all requirem require ments and res tri cti o ns th at are impo impossed in regard to a fede ra ll y re lat lateed rn o n g agc loan eve even n if th e Lo an doc docss nm quali fy as a fede federra ll y re lated mo mo rtgage loan loan undeer RE SPA . und ( R) S u ccesso ccessorr i n Inter es estt o f Borrower mean meanss a n y part party y th a t ha s taken title to th e Propert y, whethe whetherr or n ot thaI part y has as asss umed Bo Bo rr rro o wer 's o bl bliigatio gation n s und undee r th e Note and/or thi thiss Secu Sec ur ity In slIUm enl. TRANSFER OF RIGHTS IN THE PROPERTY The ben be ne fi ciary of this Se Secc urity In Instr strum um en entt is is MERS (so le ly as nom nomiinee for Le nde nderr nd Lender 's s uccessors and assig ns) and th e successors and assigns of MERS. Th is Security In InsslIUm elll sec secur urcs cs to Le nd er: ( i) th e repay epaym ment of th e Loan, and al l re newal s, exten exte n sion ionss and modifi difica cation tionss of th e Notee ; and (ii) 1I1e perfor Not performan Borrowerr ' s covenants coven ants and agreemen agreeme nts und undcr cr thi thiss Securit Sec urity y man ce of Borrowe Instrument a nd th thee Note Note . Fo Forr this pu rpose rpose,, Bo Borr rrower ower irrevocab irrevocablly g rants and co conv nv eys to Tru Trustee, stee, with powe r sale, the fo llowin llowing g d esc escribed ribed property propert y located th e in lIuSt , of in
or
]T yp ypee o f Rec R ecording ording J\1 ris risdiction] diction]
[Nam e o f Recording Jurisdictionl
whi hicch cu curr rreently has th e addr address ess of [St reetl [ Zip Code] Calif Cali f o ia [Citt )'], [Ci rn
Parce llD Nu Num mbe r:
( Propcrty Address ):
TOGETIffiR WITH all th e improvem improve me llls now or hereaft reafteer erec ectted o n th e pr pro op ert y, and all caseme casements nts , appurtenances, and fi xtu xturrcs no w or hereafter a part of th e property. AU repla placeme cemelll lllss and additions addition s shal l a lso be covered b y this Sec Securit urity y In Slrum lrumeenL All of th e forego in g is referred to in thi thiss Secur Securit ity y In Instrumen strumentt as th e Property. Pro perty. Bo rrow rroweer unders und erstand tand and ag rees th at ME MER RS hold holdss only legal lega l title to th thee interests granted by Borr Bo rrowe owerr in th is Security In Slrum lrumeeIll Ill,, but but,, if n ecessary to compl omply y with law or cu stom tom,, MERS (as no min minee ee for Lender and Le Lend ndeer 's s ucc cces esso sorrs and ass assiig n s) has th e right: to exe exerrcise an y or al alll o f tho those se intefCSts, including , but not limi ted 10, th e rig ht to fo rec ecllose and se sell action tion required o f Lender ll th e Property; and to tak e an y ac includi ng , but nOl lim ited to . re leasin leasing g and can ce celing ling thi thiss Securit Sec urity y ln lnslru slrum ment. BORROWER COV EN ANTS that Bo rr rrow oweer is law awfull esta te here b y co con n veyed and has full y seised of th e estat th e ri g ht to g rant and co con n vey th e PI ope rt y and that th e Prope Propert rty y is unencumbered, exce except pt for e ncu mb mbran rances ces
InI 1Ia l.,,
G
®
-6 A C A
020 7
Paee 3 0 1 15
Form 3005
1/ 01
Exhibit # 2-DTPA
Recorded In Official Re c o r d s , O r a n g e C o u n t y
C LifORNI
COUNTIES TITLE
T om Daly Cl er k · R e c o r d e r
CO
111111111111111111 1 11111111111111111 11 11 1111111111111
Recordin Recordi ng Requ Reques ested ted By:
11111
66.00
2006000359250 0 4 : 3 0 p m
05 26106
1051301121
0.0 0 0
Return To: FREMONT INVESTMENT & LOAN P.O. BOX 34078 FULLERTON CA 9 2 8 3 4 - 3 4 0 7 8
000 00
0 . 00
60.00
0 . 00
0 . 0 0 0.00
Prepared By: Pre BARBARA L I CON
1000321997
~
[Space A bo ve This Line For Recor ecordin ding g Data] -
DEED OF TRUST
~ : 2 D O . L f H · 2 0
NUN
-
-
-
10 0 1 9 4 4 - 1 0 0 0 3 2 1 9 9 7 - 4
DEFINITI ONS DEFINITI Words used in multiple sections of thi thiss document are defin defined ed below and other words are defined in Sections 3 , 11 , 13 , 18, 20 an d 21. Certain rul rules es regarding th e usage of words used in this document are also provided in Section 16 . (A) Sec Security urity In st r ument means this document, document, wh ich is dated May 15 , 2 0 0 6 roge th er with with all Rider Riderss to this document. (B) Borrower is RICHARD SHELLEY AN UNMARRIED MAN AS HIS SOLE AND SEPARATE
PROPERTY.
TI LLAMOOK AVENUE ,WESTMINSTER, CA 9 2 6 8 3 . Borrower is th e tru truss tor under thi thiss Securit Security y Instrument. INVESTMENT FREMONT LOAN
Bo rrowe r' s addr address ess is (C)
Le nder
is
6721
Lendeer is a Lend CORPORATION organized and ex org existin isting g un de r the laws laws of
C
L I FORN I A
CALIFORNIA -S -Sii ngl e Family -Fannie Mae Mae// Freddie Mac UNIFORM INSTRUMENT WITH MERS
Gil -6A(CA) (020 7 ) Pa g o
011 5
1rJ-,
~
VM P M OR ORT T GA GAG G E FO RM S - ( 80 80 0) 0)5 5 2 1-72 9 1
Form 3005 1 /01
means the Real Estate Settlement Procedures Act (12 U.S.C. U.S.C . Section 2601 et seq.) and its impllementing regulation, Reg imp Regul ulatio ation n X (24 C.P.R. Part 3500), as th ey might he am ameended from time to time, or any additional or s uccesso ccessorr legisla egislation tion or re regulation gulation that gove governs rns th e same subject matter. s use sed d in lliis Security Securit y t r u r n ''RESPA'' refers to all requirements and restrictions lliat are imposed in regard to a federally federall y re lated mort mortgage gage loan loan eve even n i llie Loan dnes not qualify as a federall federally y related mortgage loan under RESPA. R) Successo Successorr in Interest of Borrower means any party lli at has taken title title to llie Property, whelli er or not Borroweer' s obligations und under er llie Note and/or llii lliiss Security InSb.1iment. th a t party has assumed Borrow RESPA
(Q)
TRANSFER OF RIGHTS IN THE PROPERTY The b eneficiary of llii lliiss Security In Inss b.1im ent is MERS (solely as nomin nominee ee for for Lender and Lender 's successors and ass assiigns) and llie successor successorss and assigns of MERS MERS.. This Security InS In Sb.1im ent secures to Lender: (i) lli e repa pay y ment of lli e Loan, and all renewals, extensions and modifications of lli e Note; and (ii) llie performance p erformance of Borrow er's covenants and agreements under lliis lliis Security purpo se, Borrower irrevocably grants and conveys to Trustee, InSb.1iment a ndllie Note. For lliis purpose, in trustt, trus willi p ower of sale, lli e following descnbed property located in llie
County
of
OR NGE
[Type [T ype o f Re Re cording Jur isdi cti tion onll
SEE
LEG L
DESCRIPTION
Parcel ID Number:
6721
TILL MOOK
(Name of Recording Jurisdicti Jurisdiction) on)
TT CHED HERETO
ND M DE
AP
20349120
RT
HEREOF.
whi hicc h currently has lIIe address of (Street l
VE [City ),
WESTMINSTER
( Property Address ):
92683 .
California
(Zip Codel
TOGETHER WITH all th e improve improvemen ments now or her hereafter eafter erected on llie llie property property , and all easeme easements nts,, appurtenance s and fixtures now or or hereafter a part of th e property. All repla placeme cements nts and addition additionss shall s hall also lliis Sec Securi urity In s b.1im ent. All of the foregoi fore goin ng is referred to in thi thiss Security In Inssb.1iment as lli lliee be covered by lliis Property. Borrower Borrower und unders erstand tandss and agrees th a t MERS ho lds only legal titl titlee to llie intereslS granted by Borrower Borr ower in this Security In s b.1im e nt nt,, b u ~ i necessary to co compl mply y with law law or c usto stom, m, MERS (as nomin nominee ee for Lendeer and Lender Lend Lender 's s ucc uccessors essors and assigns) has th e right to exerc exerciise any or all of lli ose inter interests, ests, including, but not limited to, lli e ri rig g ht to for forec eclo se and sell the Property; and to take any action r equired of Lender including,, b ut not limited to, releasing and canceling this Security Instrument. including BORROWER COVENANTS that Borrow Borrower er is lawfully seise seised d of th e estate hereby conveyed and has th e right to gran grantt and convey th e Property and dlat lli e Property is un encumbered, except fo forr encumbrances
G
®-SA
eA)
0207)
Page :l of15
~
Form 3
5
1 01
Exhibit # 2-FWR
Pay t
he
> dar
1
Exhibit # 2-MC
~
Litton Loa n Servicin g
4828 Loop Central Dr ive Houston,, TX 77081 Houston Telephone }-800-247-9727 Fax 713-966-8975 ww w.l .littonloan.com ittonloan.com
August 20 . 2008 Richard Sh elly 6721 Tillamook Avenue Westminster, CA 92683
Re:
Dear
Loan Number: Property:
e
40191066 6721 Tillamook Avenue Westminster,, CA 92683 Westminster
Shelly:
Thank you for your corr espondence received July 25 25,, 2008, regarding the referenced loan. Effective June 1,2008, the servicing o f your loan transferred from Fremont In Investment vestment Loan to Litton Loan Servic Serviciing LP (" (" Litton"). Litton services your loan in accordance with the original loan documents signed at closing; t he terms and conditions afyouc loan did not change as a r esult o f the loan transfe r. The Validation o f Deb Notice dated June 13, 2008, 2008 , s tated the amount o f debt as o f the date o f the notice. As o f this date, date, the amount o f debt wa s $295,880.39. The debt consisted o f a principal balance o f
$271,587.04, interest o f $20,544.24, an escrow advance ba lance o f $2,312.00 $2,312.00,, a late fee balance o f ba o f 1 , 10 108.89, 8.89, an other fee lance $2,381.65, and a miscellaneous suspense account credit o f 2 ,053.4 053.43 3. Suspense accounts are where funds fund s are held for future use.
In an effort to provid idee you with infonnati on regarding th th e loan 's terms terms,, enclosed arc copies o f the Adjusttable Rate Note, Deed o f Trust Adjus Trust,, and applicable Riders for your review review.. We have also enclosed a copy o f the Detail Transaction History for your re rev view. This Thi s document will serve as an accounting o f all payments posted, posted, a ll payment paymentss disbursed disbursed,, and fees assessed to the loan. Th Thee Detail Transac Transaction tion Hi Hi story repoll will also detail a ruooing principa principall balance. Cellain data is is considered confidential confidential and propri propriee tary information. Therefore re,, we are unable to provide the li licensing censing information requeste requested d n your correspon correspondence. dence. As o f the date o f thi thiss letter letter,, the loan is contractual ly due for the th e November 1, 2007 through August 1,2008 installments o f S25 S25,,088.40, which include a late fee ba lance ofSI ,3 67. 19, and an other fee balan balance ce o f S2,988 .65.
LITTON LOAN SERVICING LP IS A DEBT COLLECTOR. T HI S LETTER IS AN ATTEMPT TO COLLECT YOUR DEBT AND ANY INFORMATI INFORMAT ION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING, PROCEEDING , THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AN ATTEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONALLY. Doc 10 : 25 1992
Ri Rich char ard d Sh Shel elly ly Page 2 August 20 2008
Sh Shou ould ld yo you u hav avee an any y fu furt rth her quest uestio ions ns pl plea easse con onta tact ct our Defa Defaul ultt Co Coun unsseling ling Depar epartm tmen entt at 1 800 800 999 8501 501 or visit isit our our webs websit itee at ww www. w.li litt tto onl nloa oan n.com. Sincerely Cu Cust stom omer er Ass Assis ista tan nce Re Resspo pon nse Tea Team Enclosures:
Adj djus usta tabl blee Ra Rate te Note Note Deed Deed of Tru rust st ap appl plic icab able le Ri Ride ders rs and and De Deta tail il Tr Tran ansa sact ctio ion n Hi Hist stor ory y
Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101
619-645-7711
Date: 11119/2008 T.S. Number: CA-08-209141-JB Loan Number: 40191066 DEBT VALIDATION NOTICE 1
The enclosed document relates to a debt owed to: to: Litton Loan Servicing L P
2
You may send us a written request for the name and address of the original creditor creditor,, i f different from the current creditor, creditor, and we will obtain and mail the information within thirty (30) days after we receive your you r written request.
3
As o f 11/6/2008 the total delinquency owed was 31,610.15, because o f interest interest,, late charges, and other charges that may vary from day to day this amount will increase until the delinquency has been bee n fully paid. paid . Before forwarding payment please contact co ntact the above at the address or phone number listed in order to receive the current amount amoun t owed.
4.
As o f 11119/2008 the amount required to pay the entire debt in full was the unpaid principal balance o f 271,440.29,, plus interest from 10/1/2007 late charges, negative escrow and attomey and/or trustee's fees 271,440.29 and costs that may have been incurred. The amount will increase daily until the debt has has been paid pai d in full. full. For further information please write to the above listed address or call 619-645-7711.
5
You may dispute the validity o f this debt, or o r any portion thereof, by contacting our office within thirty (30) days after receiving this notice . In that event, we will obtain and mail to you written verification verificati on o f the debt. Otherwise, we will assume that the debt is valid.
WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.
Initial Debt
ollection Dispute Letter Today s Date
Richard Shelley 6721 Tillamook Ave, Westminster, CA 92683 Quality Loan Service Corp. 2141 5th Avenue, San Diego, CA 92101 2141 Dear Quality Loan Service Corp., I am writing in response to your Debt Validation Notice Notice dated 11119/2008 (copy enclosed) because I do not believe l owe what you say lowe. This is the fust I ve heard from you, or any other company on this matter therefore, therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts: (b) I f the consumer notifies the debt d ebt collector in writing within the thirty-day period described in subsecti subsection on (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address o f the original creditor, the o f the debt, debt collector shall cease collection any or disputed portion thereof, until the debt collector obtains verification o f theordebt any copy o f a judgment, or the name and address o f the original creditor, and a copy o f such verification verification or judgment, or name and address o f the original creditor, is mailed to the consumer by the debt d ebt collector.
I respectfully request that you provide me with the following information: •
(1) the amoun amountt o f the debt;
•
(2) the name o f the creditor to whom who m the debt is owed;
•
(3) Provid Providee a verification or copy o f any jUdgroent if applicable);
•
(4) Proof that you are licensed to collect debts n California
•
(5) Copies o f the Alleged Secured Obligation Securing Quality Loan Service Corp. the Real Property o f one Richard Shelley as His Sole and Seperate Property More Commonly Known as 6721 Tillamook Ave, Westminster, CA 92683 as Security, Secured by Right to Power o f Sale to Satisfy Said Secure Obligation
•
Official Notorized (as o f Most Recent Date) Copies o f The Original Note o f Unsatisfied Obligation
Be advised that I am fully aware o f my rights under the th e Fair Debt Collection Practices Practices Act and the Fair Credit Cr edit Reporting Act. For Fo r instance, I know that:
•
because I have disputed this debt in writing within 30 days o f receipt o f your dunning notice, you must obtain verification o f the debt or a copy o f the judgment against me and mail these items to me at your expe expense; nse;
•
you cannot add interest or fees except those allowed by the original contract or state law.
•
you do do not have to respond to this disput disputee but i f you do, any attempt to collect this debt without validating it, violates the FDCPA; FDCPA;
Also be advised that I am keeping very accurate records o f all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations o f the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau. I have disputed this debt debt;; therefore, until validated you know your information concerning this debt is inaccurate. Thus, i f you have already reported this debt to any credit-reporting credit-rep orting agency CRA) or Credit Credit Bureau CB) then, then, you must immediately inform them o f my dispute with this debt. Reporting information that you know to be inaccurate
or failing to report information correctly violates the Fair Credit Reporting Act § 1681s 2. Should you pursue a judgme nt without validating validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCP A.
Finally, i f you do not own this debt, I demand that you immediately send a copy o f this dispute letter to the original creditor so they are also aware o f my dispute with wi th this debt. Retained Attorney)
Sale Beneficiary) Philip Shelley
Richard Shelley
Stephen pi l
SENDER COMPLETE THIS SECTION
Complete items items-- 1 2 and 3 Also complete item 4 i Restricted Delivery is desired. • Print your name and address on the reverse reverse so that we can return the card to you. . i Attach this card to the back o the mailpiece. or on the front if space permits. .
.
If YES ente enterr delivery address below:
3. Service Type 8 Certified all Q Registered
0 Express Mall 0 Return
_ l n s _ u _ ~ ~ M ~ a l l ~ ~ D ~ ~ C ~ ______________ L
2. Article Number
7
rransferfrom service fI
I PS Form 3811 . Februa Februarry 2004
O ~
D ~
4 Restricted Delivery? Extra Fee)
==______ == ______
__________
u
g
Cl
2 2196 6328
7 3 2
Domestic Return Receipt
itton
oan
e r v i c i n g ~
4828 Loop Central Drive Houston, TX 77081
Telephone 1-800-247-9727 Fax 713-218-3777 www.littonloan.com
January 5 2009 Richard Shelly 6721 Tillamook 6721 Tillam ook Avenue Westminster, CA 92683
Re:
Loan Number: Property:
40191066 6721 Tillamook Avenue, Westminster, CA 92683
Dear Richard Shelly Shelly:· :· Thank you for your correspondence correspondenc e received on December Decembe r 31, 2008, regarding the referenced loan. The correspondence received constitutes the letter letter as a qualified written request under the Rea Reall Estate Settlement Procedures Act ( RESPA ). RESP A's qualified written request provisions require loan servicers to provide only information and doc,\llllentation that relates to the servicing of a loan. In compliance with these requirements, we are a re providing copies of documents and information that relate primarily to the servicing of your loan. Litton Loan Servicing LP ( Litton ) services the loan in accordance with the terms of the original loan agreement.. In an effort to provide you with information regarding agreement regarding the loan 's terms, enclosed are copies copies o f the Adjustable Rate Note, Deed o f Trust, Uniform Residential Loan Application, Federal Truth-In Lending Disclosure Statement, Good Faith Estimate, and appycable a ppycable Riders for your review. review. We have enclosed a copy of the Detail Transaction History for your review. This document will serve as an accounting of all payme payments nts posted, all payments disbursed, disbursed , and fees assessed to the loan. The Detail Transaction History report will also detail a running principal balance. According to the terms of the original agreement, if the loan is in default, the mortgage servicer is permitted to order property inspections, Competi6ve Market Analysis's 's ( CMA ), perform property preservation measures, and i f necessary, refer the loan for legal action. A CMA is an inspection conducted by a mortgage broker wherein the bro ker obtains a valuation of the property. A CMA is completed for purposes o f property preservation under the terms o f the loan property. documents. The mortgagor is responsible for the reimbursement of the corporate advance expenses. expenses. Enclosed is a copy of the Composite Report, which itemizes itemizes all corpora corporate te advance fees assessed to the loan. loan. Corporate advancee fees may also advanc also be referre referred d to as oth other er fee fees. s. LITTON LOAN SERVICING LP IS A DEB T COLLECTOR. THIS LETTER IS AN ATTEMPT TO COLLECT YOUR DEBT AND ANY INFORMATION OBTAINED OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING, THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT Al l ATTEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONALLY. Doc
ID
289623
ltichard Shelly January 5, 2009
Page 2
Litton is is servicing the loan on behalf o f HSBC Bank USA, National Ass As s ociation, as trustee under the Pooling and Servicing Agreement dated as o f September I 2006, Fremont Home Loan Trust 2006-C 2006-C.. Wellss Fargo is the Trust Administrator. All inquiries regarding the loan should be forwarded to: Well Linon Loan Servicing LP
Attention: Customer Assistance Response Team 4828 Loop Central Drive
Houston. TX 77081
We are unable to accept the tenns stated on your correspondence. On October 8, 2008, 2008 , the loss
mitigation request was denied. denied . The loan has been referred to an attorney for forecloswe . Therefore. we recommend you contact a
fo reclosure loan counse counsellor to discuss options for which you may qualify qualify..
To request a reinstatement or payoff amount, please contact the Quality Loan Service Corporation at
619) 243 -3951. Should you have any further questions, Shoul questions, please contact our Foreclo Forecloss ure Department at 800) visit our website at ww www w .li .littonloan.com ttonloan.com..
9 9 ~ 8 5
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or
Sincerely,, Sincerely
Customer Assistance Response Team Enclosures :
Adjustable Rate Note, Deed o f Trust, Uniform Residential Loan Application, Federal Truth-In-Lend Truth-In-Lending ing Disclosure Statement, Good Faith Estimate, appli cable Riders, Riders, Detail Transaction History, and Composite Report
Exhibit # 2-MUA
Recording Requested By/Return To: FREMONT INVESTMENT P.O. BOX 34018 FULLERTON CA 92834-34018
8.
LOAN
ASSIGNMENT ASSIGNM ENT OF DEED OF TRUST
FOR VALUE RECEIVED, Mongage Electronic Registrati egistration on Systems. Inc. ( MERS ) as nominee for
FREMONT INVESTMENT I LOAN assign. transfer and convey. unto
its successors and assigns. docs hereby grant. se ll.
• a COI'JXlralion
organized and existing under the laws of whose address is
(herein Assignee ).
ilS successors and assigns. aU ilS right, title and interest in and to a certain Deed of Trust. dated May 15. 2006 . made and executed by RICHARD SHELLEY, AN UNMARRIED MAN AS HIS SOLE
AND SEPARATE PROPERTY.
w
FREMONT GENERAL CREDIT CORPORATION
following described property situated
A CALIFORNIA
in
CORPORATION
Trustee. upon th e • State
o
such suc h Deed of TruSl having been given to secure payment of and
Two Hundred S e v e n t y - T h r e e Thous a nd ( 213,000.00) oll 00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (In (I ncl ude the Original Princip.l Amount)
which Deed of Trust is of record in Book, Volume. or tiber No. (or ,at page as No. ) of th e Records of County. State of , together with the nOle(s) and obligations therein described , th e money due and to become due hereon wi h interest, and ll rights accrued or to accrue under such Deed of TrusL ME RS· Mu l t l , t l l t . A. , l gnme nt of Deed of Trult
0..950
0110).01
P . g . a12 VMP 1oI0 ATG ,OE FOAMS • (IOOI521·72i11
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TO HAVE AND TO HOLD, the same Un O Assignee, its successor and assigns, forever, subject only terms and condilions of the above-described Deed of TruSL IN WTINESS WHEREOF , the undersigned Ass ignor
has
executed this Assignment of
Deed
to
the
of Trust on
Mortgage Electronic Registration Syslems, Inc.
( MERS ) ilnen
W;tncn
J . BEDOLL
D. PEREZ
T.
C RTER
This Instrument Prepared By: B RB R LICON C 92834-34078 P.O. BOX 34078. FULLERTON.
MIN: 1001944-1000321997-4
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• tel. no. :
• address 714) 283-6579
MERSPhone: )·888·679-6317 4 100
Exhibit # 2-RN2
Dear Trustee,
Date April 1, 2009
Notice o f Extended Rescission
o f the loan numbers 1000321997, 40191066, MERS MERS M.I.N. 1001944-1000321997-4 and Deed o f Trust recorded 5 26 2006 as Instrument No. 2006000359250 o f the Official Records in the office o f the Recorder o f ORANGE County, California
We recently sent you a signed rescission rescission form by way o f fax and you did not respond. Thi s notice shall be used as an Official Notification Notification of offer to tender property known as 6721 6721 Tillamook Till amook Westmi nst nster er Calif ornia 92683 92683 A.P.N.203-49\-20 A.P.N.203-49\-20 provided that you return the original Note, Deed of Trust applicabl applicablee Riders, all original documentation received from prior lender known as Frank Livacich in connection with the th e loan dosing and all proceeds from the loan consumption consump tion in addition to interest and payments you've received under the note. By not including a n expiration date on the three day right of rescission form is a violation of The Truth In Lending Act which extends our resc rescissi ission on r ight f or up to three years this shall be effec effective tive notice notice to all parti parties es in inte interest rest effective as o f the date o f your signatory receipt. receipt. In addition to tbe above requested before tender is made you mus mu st record a release o f mortgage in the local county records where the property is located and tender must be made at the location o f the property as we are cboosing to make that request request.. Please be advised that we also reserve the rig right ht to tender the funds in exchange for release o f the security interest on the property so please do do the t he proper accounting calculations so as we we might be able to readily settle tbis tbi s agre emen ementt in this case. enclosed enclosed are copies o f our signed forms of rescission with no expiration date, prompt response within twenty days o f receipt o f this notice is demanded.
Respectfully Respect fully Philip J . Shelley & Ricb ard L. Shelley Shelley
Complete items 1 2, and 3. Also comple Complete compl ete item 4 if Restricted Delivery is desired desired.. Print you yourr name and address on the reverse thatt we w e can return th the card to you you . so tha Attach this card to the bac bac k of the maitpiece, maitpiece, or on the front if spZlce permits.
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Form 3811 February 2004
DomestIc Return ReceIpt
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NOTICE OF RIGHT TO CANCEL Borrowerr s: Borrowe
R CHARD SHELLEY
04 09 2009
Application
:
1000321997
YOUR RIGHT TO CANCEL You afe entering into a transaction that w ill resul resultt in a mortgage mortgage,, lien, lien , or security interest on yo ur home. You have a legal ri right ght under federa federall la law w to cancel this transact ansaction ion,, witho ut cost, wi with thin in three business days from whicheve whicheverr of the following events occu occurr tast: ; or 1) the date of the new transacti transaction on,, whi wh ich is 5 5 6 2) the date you received you yourr n ew Trut Truth h in Le Lending nding disclosu disclosure res; s; or
3) the date you received this notice of yo ur rig ht to cancel. en , or securi If you cance cancell this tr transaction ansaction,, the mortgage. lilien secu rity ty interest is also cance cancelled. lled. Within 20 cale calendar ndar days after we r ecei eceiv ve your you r notice , we must take the steps necessary to ref efll ect the fact that the mortgage, lien , o r secu securi rity ty i nterest on your home has been cancelled, and we must al so return to yo you u any money or property you have gi given to us o r anyone else in connection with this transaction.
Vou may keep any money or property we hav ha ve given you until until we have done the things mentioned above, above , but you must then offer to return the money or property. If it is impractical or unfair f or you to return the property , you must offer its reasonable va vall ue. You may otte r to return the property at your you r home or at the iocation of the property. property . Money must be returned to the addr add r ess bel be low. o r property within 20 calendar days of your offe offerr , you may If we do not take possession of the money or keep it without furthe r obl obliigation.
HOW TO CANCEL If you decide to cancel cance l the new transact transactiion, you may do so by notif notify yi ng us in w ri riting, ting, at: FREMONT INVESTMENT
LOAN
10 00 N
DR I VE
PACIFICENTER ANAHEIM CA 92806
Funding Dept.
Attn:
Funding Manager
Vou may use any written statement th th at is signed and dated by you a and nd states your intention to cancel cancel,, and//or you may use this notice by dating and sign i ng below. Keep one copy of th and this is notice because it contains i mportant info nform rma a tion about you r rights. If you cancel by mai ma il or te telleg egrram , you must send the notice no late aterr than midnight of
cc
-
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or midnight of the th third busi bus iness day fo ll owing the latest of the three events li sted above). If you send or deli ver your wri deliv written tten not i ce to cancel some other othe r way , it must be delive deliverr ed to the above address no l ater than that time.
I WISH TO CANCEL
~ . ~ ~ ~ ~
Oot e
[/We Received Two 2) copi cop ies of the Notice of Right to Cancel this Date
(Signotln)
RICHARD
• 20 _ _ .
SHELLEY
Signan
(Signolln)
NORTCGEN
pen
01123103
NOTICE OF RIGHT TO CANCEL Bo rr owe owerr s:
RICHARO SHELLEY
Ap pli ca cati tion on
II:
1
3 219 9 7
YOUR RIGHT T O CANCEL You ar a re entering i nto a transaction that wi ll result in a mortgage, mortgage , lien en,, o r securi secu rity ty inter inte res estt on you yo ur home. You have a legal right under unde r fede federr al law to cancel cance l this tr transact ansactiion , without cost, cost , within t hree bu si ness days from whichever of the fo ll owing events occu r last:
; or 1) the dale of the new transaction, transaction , which is i i l l 0 6 2) the date you recei rece ived yo ur new T ru t h in Lend endiing d iscl clos os ur es es;; or 3) the date you recei rece ived th is notice of yo ur ri gh ghtt to can ca nce l. If you can ca n ce cell th thii s t ransaction , the mort mo rtgage gage,, lien ien,, or securi security inte nterrest is a lso cance ll ed. Wi W ithin 20 calenda calendarr days after afte r we receive your you r notice notice,, we must take the steps necessary to r ef efll ect t he fact that tha t the m ort rtgage gage,, lien, or o r secu securi rity ty inter inte rest on your you r ho me has b een cance ll ed, an and we mu st al so ret u rn to you yo u any money or or propert prope rty y yo u h ave gi g iven to us o r anyone else in conne conn e ct ctiion with with th thii s tr an sact sactiion. You may keep any money or o r property we h ave g i ve ven n yo you u u nt ntii l we have done th th e th thin ings gs men mentioned above, above , butt you mu bu m ust then offe r to return the money or or prope propert rty y . If it is impr imp r act actiica call o r u nfai nfairr fo r yo you u t o ret etu urn the property , you mu must offe offerr its reasonab easonabll e va valu lue. e. Yo u may offer offe r to ret eturn urn t h e pr o pe rt rty y at your yo ur home ho me o r at the locat ocatiion of the pr pr ope opert rt y. Money m ust be returne eturned d to the add ddrress be low. If we do not t ak e possessi possess ion of the money or prope propert rty y within 20 20 ca len end d a r d ays of you yourr offe offerr, yo you u may keep it without furth fu rthe e r obl obliigat gatiion.
TO CANCEL IHOW f yo you u decide to can ca n cel the new tran tra nsact sactii on , you may do so by notifyi notify i ng us in wri riting ting , at: FREMONT
IN VESTM NT
a
106 5 N. PACIFI CENTER ANAHEIM , CA 92806 Funding Dept .
LOAN DR I VE
Attn:
Funding Mana g e r
You may use any wri w ritten tten st st atement that is si s igned and dated by you and stat sta t es your you r intention to cancel cance l, si gning be low. K eep one copy of th is noti not ice because it and// o r you may u se this noti and no tice ce by dati dati ng and si contains import impo rtant ant inform informa at ion about your you r rights rights.. If yo you u cance cancell by mail or or te tellegra egram m , yo you u must send t he noti not ice n o late aterr tha than n m id nigh ightt of _ _ ,;;;:; (d.to)
o r midn midniight of the thir th ird d bu siness day fo ll ow owii ng the latest of the thr th ree events li ste sted d above). If yo you u se nd or de live deli verr yo you u r wri ritten tten notice to cancel so me other othe r way, it mu st be d e li ve verre d to t he above ad add r ess no late late r than t hat ti t ime.
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Itw e Recei Rece i ved Two 2) copies of the Noti c e of Right to Cancel this Date
(Signal .)
NORTCGEN
RI CHARD SHELLE Y
jJUl
07123103
, 20 _ _ .
(Signa ... )
¥ l FREMONT
lii
INVESTMENT LOAN
Exhibit # 2-TDL
Recorded In Official Rec: ordS , Orange Co u n t y Tom Dilly. Clerk.Recorder
RECORD ING REOUESTED BY: Law o r n : :cs of Les Zieve
1 1
1 II
II ID IIIIII IIII IIIII
9.00
2008000310088 12:37pm
06 27 08
11392 T09
ANO WHEN RECORDED TO :
LlnO N LOAN SERVICING LP oop p Central Drive 4828 Loo
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Hou sto ston n, TX 77081·2226 o r w ~ r d
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ISPA CE" ABOVE LIN ": OR F
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Order#: E728151
TS #: 8190 loan : 40191066
TRUSTEE'S DEED UPON SALE A.P .N.:
203 491·20
Transferr Tax: $0.00 Transfe
THIS TRANSACTION IS EXEMPT FROM THE REQUIREMENTS OF T HE REVENUE AND TAXATION CODE CODE,, SECTION 480 .3
The Grantee Herein WAS The Foreclosing BenefICiary. The Amount of The Unpaid Debt was $297,708.64 The Amount Paid 81' The Grantee Was 297 ,708 .64 Said Property Is In The of WESTMINSTER. County of Orango Orango
rustee,, (whereas so designated in the Deed of Trust hereunder more parti particularly Law Offices o f Les Zie ve, as T rustee described or as duly appointed Trustee) does hereby GRANT and CONVEY to
HSBC Bank USA USA,, National Association as Trustee under the Pooling and Servicing Agreement dated as o f September 1,2006 1,2006,, Fremont Home Loan Trust 2006(herein (here in calJed Grantee) but without covenant or warranty. expressed or implied, all right title and in terest conveyed to and now held by it as Trustee under the Deed of T rust in and to the property situated in the county of Orange, State of CALIFORNIA, described as follows follows:: ORANGE , STATE OF LOT 174, TRACT 2388, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, CALIFORNIA, AS PER MAP RECORDED IN BOOK 77, PAGES 39 TO 41 INCLUSIVE OF
MISCELLANEOUS MAPS MAPS,, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, COUNTY, EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY ENTRY.. AS PROVIDED IN DEEOS OF RECORD . 6721 TILLAMOOK AVE WESTMINSTER, CA 92683 Th is conveyance is made in compliance with the terms and provisions of the Deed of Trust executed by RICHARD This SHELLEY, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY as Trustor, daled 5/1512006 of the Official Records in the office of the Recorde Recorderr of Orange, Califomia under the authori authority and powers vested in the Trustee desigllated in the Deed of Trust or as the du ly appO appOint inted ed Trustee, defau lt having occurred u nder the Deed of Trust pursuant to the Notice of Defau Default lt and Election to Se ll under th e Deed of Trust recorde recorded d on 512612006 , instrument number 2006000359250, Book Page of Official records. Trustee having complied with all.applicable statutory requirements of .the State of California and performed all duties required by the Deed of Trust including sending a Notice of Default and Election to Sell within within ten days aft er its recording and a Notice of Sale at teast twenty days prior to the Sale Date by certified mail, postage pre-paid to each person enti entitled to notice notice in in compliance with California Civil Code 2924b.
TRUSTEE'S DEED UPON SALE T 5 : 8190 LO<ln II II:: 4 0 191 066
Order#: E128 1281 151
All requirements per Ca l ifomia Statutes regarding the ma il ing, personal delivery and publication of copies 01 Notice of Default and Election to Sell under Deed of T rust and Notice of Trustee's Sale, and the posting of copies of Notice of in compl compliiance w ith sa id Notice of T rustee' s sale and in exercise of its Trustee' s Sale have been complied with. T rustee, in a l public auction on 6120 20// 2008 . Grantee, bein bei n g the highest bidder powers under said Deed of Trust so l d said real property al at said sale became the purchaser of said property for the am o u nt bid, being 2 97, 7,70 708,64, 8,64, in lawful money of the United States, in pro per pe r , receipt thereof is hereby acknowledged in full/part full/partiial sati satisfaction of the debt secured by said Deed of Trus t . In witness thereof. La w Of fices o f Les Zl e ve, as T r u stee, has this day. caused its name to be hereunto affixed by its officer thereunto duly authorized by its co r poration byby -laws.
6120{2008 8 Dale: 6120{200 LA W OFFICES OF LES ZI E V E , a s T r uste e
r
By:
Ch r i stine
0 '8
• Tr
t ee
a l e Off i c e r
Siale of California County of Orange apPeared. Christine O'Brien who proved to me on Iho basis of satisfactOl)' evidence to be the On 6·20-08 before me. Gaby Ospino. personally apPeared.
persoo{s) whose name{s) i sfare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same i n hislherllhellr authorized capacity(ies). and that by hisJherftheir signature(s) 011 the instrument the person(s), or the entity upon behalf of whI ch hislherllhe the person{s) acted. executed the Instrument. I certify under PENALT PENALT Y OF PERJURY under the laws of the State of California thai the foregoing paragraph is true and correet. WITNESS m
nd and offic officiial seal.
(seiJl)
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Exhibit # 2-TDLA
o r a nge ge c Recorded ounty Recorde Record ed In In Official Offic Of ficial ial Records, Recor Re cords ds orange oran county Tom Clerk-Recorder Tom Daly, Daly Clerk Recorde Rec orderr 11111 111 111111 111111 1111 11 11 11 111 1111 111 11111111 1 11 11
6 6. 0 0
0 : 45am 5am 2 200800 200 0 0 800032 8 0 0032970 0 3 29702 9 7 02 2 1 10:45am 10:4
Requested by:: Requ Re ques este ted d and and an d Prepared Prep Pr epar ared ed by Law Offices La w O f fifi ce ce s of o f Les Le s Zieve Zieve
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When When Recorded Recorded Mail Mail To To::
LITTON OAN SERVICING LITTON LO AN S ERVI CI CI NG NG LP LP
4828 4828 Loop Central Cent Ce ntra rall Drive Driv Dr ive e
Houston Houston , TX Houston TX 77081·2226 7708 77 081 1 222 2226 6
TS TS No No:: 8190 8190
Loan Loan No No .: : 40191066 No 40191066
ASSIGNMENT ASSIGNMENT
OF TRUST OF DEED DEED OF OF T RUST For Value For V alue Received, Received, tthe he undersigned undersigned corporation corporati tio on hereby hereby grants, grants, assigns, assigns, and and transfers tra tr ansfers to: to: Association, HSBC HSBC Bank Bank USA, USA National National A ssociation as as Trustee Trustee under under the the Pooling Pooling Agreement o f September Agreement dated date ted d as as o Septem Sep tember ber 1,2006, 1 2006 Fremont Fremo Fre mont nt Home Home Ho me Loan Loa oan n Trust Trus Tr ustt 20062006
and and Servicing Servicing
all be bene nefi fici cial al interest nterest under under that that certain certain Deed Deed of of Trust Trust dated: dated: 5/15/2006 exec ex ecu ute ted d by RICHARD RIC ICHA HAR RD SH SHEL ELLE LEY Y, , AN all beneficial 5 15 2006 executed SHELLEY SHELLEY, UNMARRIED UNMARRIED MAN MAN AS AS HIS HIS SOLE SOLE AND AND SEPARATE SEPARATE PROPERTY, PROPERTY, as as Trustor(s) Trustor(s), Trustor{s), , to to F Fremont remont General General C Credit redit Corporrartat Corpo ion , A C alifornia Corporation, Corporation, as Trustee, Trustee, and and recorded recorded as as Instrument Instrument t No. 2006000359250, 2006000359250 on Corpo i on, California as Instrumen Book ,Page ,Page of Official Official Records, Records, in in the the office office of of the County County Recorder Recorder of of Orange County, County,, 5 26 2006 in Book 5126/2006 of California Cal Ca lifornia together together with with the the Promissory Prom issory Note Note secured secured by by said said Deed Deed the of Trust Trust and and also also all all rights righOrange ts accrued accrueCounty d or or to to of accrue under under said said Deed Deed of of Trust. Trust. accrue Dated: Dated: _ _
_ _ _ _ __
B y: By:
Frem Fr emon ontt Investment Inve In vest stm men entt Fremont
Loan Lo ans s Loans
Diane Dia ne Di Dixon xon Assistant Vice President
Litt Li tton on Lo Loan an Se Serv rvic icin ing g LP LP.A .Att ttor orne ney y-in-fact
Stat St ate e of , .a s . xaS State Coun Co unty ty of • County IIff a rtt,S
.2 0 0 B E M c K io 7 C ¥ .. 1I 1I II t~ \ . On bwho ehfo fooreproved mvee.d to person per appear app before iane Iane DI200B Xon w prme. o t o me me on on the the baSIS baSIS of o f satisfactory satisfact oryMcKio7¥ evidence t be tthe he person(s) he person s) ' whose wpersonally hossonall e ally naymeappeared s) eared is/ed. are. . ar evidence name(s) is/are Dixon t be subscribed subscribed to t o the t he he w within ith thin in instrument inst in stru rume ment nt and and acknowledged ackn ac know owle ledg dged ed to 10me me that that th at he/shelthey he/s he /she helt lthe hey y executed exec ex ecut uted ed the the th e same same sa me in in his/herltheir his/ hi s/he herJ rJlh lhei eirr authorized auth au thor oriz ized ed capacity(ies), capa ca paci city tyiies), and and that that by by his/herltheir his/her/t heir signatu signature(s) signalurre(s) e s) on on the the instrument instrument the the person(s), person s), or or the the entity ent ity upon upon behalf behalf of of which which the the person(s) person s) acted, act ed, executed exec ex ecut uted ed the the instrument.. instrument instrument.
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Exhibit # 2-TDR
RE Co; D I:-.IG REQUESTE REQUESTEII) BY BY:: L; w c ~ s o f Le i lie\'<: WH E; .s RE CORD ED MAIL TO:
Re c orde d Ln OffLc OffLcll al Rec or d a O ran g e C ou n ty
Tom D aly, C l e rK rK_Rec _Rec or d e r
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# : 40191066 TS II:81 90 1.0:111
NOTICE O F RESCISSlON O F TRUSTEE S DEED UPON S A L E
This Nolicc o r Res escission cission is made this day July 14 , 2008 with respect to the fo llowing: T H A T Law OOices o f Les Zievc is the duly appoin appoi n ted Trustee under that ce cerr tain Deed o f Trust daled 5 15 2006 and recorded 5 26 2006 as instrument number 2006000359250 in book page wherein RICHARD SHELLEY, AN UNMARRI UNMARR I ED MAN AS HIS SOLE AND SEPARATE PROPERTY are named us Trus Trusttors. Free mont Gen Fr Generd erdll Crcdit Corporation, A Califomia Corporat Corporation ion is named as truslee, and Fremont Investment & Loan as lender lende r, Mortgage Electron Electro nic Registration Systems, Inc .• is named as beneficiary; I.)
2.) THAT THF. DEED O F TRUST encumbers rea reall property located in the County o f Orange, State of California, described as follows; LOT 174 174,, TRACT 2388, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA,, AS PER MAP RECORDED IN BOOK 77, PAGES 39 TO 41 INCLUSIVE OF CALIFORNIA MISCELLANEOUS MAPS, IN T HE OF OFF F ICE OF T H E COUNTY RECORDER OF SAID COUNTY. COUNTY . EXCEPT THEREFROM ALL OIL, GAS, GAS , MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD.
3.) THAT BY VIRTUE O F a default under the terms of t il e Deed ofTrusl, the beneficiary did declare a dcfault, as se sett forth in a Notice o f Default recorded 25 2007 as inst rument number 2007 000 25 000651478 651478 in book p'lgl in the office orthe Reco ecorde rderr of Orange County County.. State Stat e o f Ca Callifornia; 4.) T H AT TH E TRUSTEE has been informed by the Be ne fi ciary that the beneficiary desires to rescind Ille Truslee'' s Deed recorded lIpon the foreclosure sale wh ich was conducted in error due 10 a fa ilure 10 Truslee communicate time ly, notice o f conditions which would have warra warran nted a cancellation o f the forec osllre which 20 08; did occur on 6 20 5.) THAT THE EXPRF.SS PURPOSE o f this Notice o f Rescission is to retum the priority an d exis existtence o f all ti tle and lien holder holderss to the status quo-an te as exis existed ted prior to the trus tee s sale; T HEREFORE. THE UN DERSIGNED H EREBY RESCINDS TH T H E TRUSTEE S SALE AND PURPORTED TRUSTEE S DEED UPON SALE AND HEREB Y ADV ISES ALL PE P E RSONS THAT THE 6/20// 08 AND RECORDED 6-27-bs AS INSTR UMEN T TRUSTEE S DEED UPON SALE DATED 6/20 NUMBE NUM BER R 08-310088JN TH E COUNTY OF Orange , STATE OF Ca li fomia, FROM La w Offi ces ofLes Z;cvc (T R UST USTEE) EE) TO (GRA (GRANTEE NTEE ) IS HEREBY RESCINDED, AND IS AND SHALL BE OF NO FORCE WHATSOEVER.. T HE DEE DEED OF TRUST DATED 5/15/2006 RECORDED 5 2612006 AS A N n EFFECT WHATSOEVER INSTRUM INS TRUM EN T NUMBER200G000359250 IN BOOK . PAGE , IS IN FUL L FOR CE AND EFFECT. NOW
Law Offices o f Les Zieve, as Trust Trus tee
State 01 Calilo m la County 01 Orange On 7-14·08 before me, Gaby Ospino, Notary Public, personally appeared Christine O'Brien who proved to me on the basis 01 satisfactory perso n{s) whose name s) Is/are subscribed to the within Instrument and acknowledgement to me that he/sh he/s h e/they executed evidenCE to be the person the sa sa me in hisfhe hisfherrltheir authorized capacity(ies). and that by h ls/herltheir signature(s) on the i nstrument the person(s). or the entity upoo behalf of wh whiich the person(s) acted, acted , executed t he instrument.
I ce r t if y u nder PENAL TV OF PERJURY under the laws of the Stale of Californ ia that the fo forregoing paragraph is true and COfrect .
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Exhibit # 2-WQLS
Quality Loan Service Corporation provides non-judicial foreclosure processing in several Western States. QLS provides the most efficient time-line processing in the
industry through use of stat industry state e of the art software combined combined with seasoned veterans throughout the company. It would be our pleasure to discuss your specific non-judicial foreclosure related needs at any time. Please feel free to contact us at 619.645.7711. Quality Loan Service and our clients are committed to helping borrowers borro wers during these difficul difficultt times. In furt furtheranc herance e of that commitment,, Quality Loan Service has established an in-house Home commitment Retention Department to provide guidance and assistance to borrowers seeking alternatives alternatives to foreclosure. Borrowers are encouraged to contact the Home Retention Department at (619)6457711 ext. 1706 between between the hours of 7am to 6pm PST, or by submitting an inquiry to . Toll Free: 877-88MYQ 877-88MYQLS LS (877-886-9757) Payoffs & Reinstatement Department 877-REINST8 877-REIN ST8 (877-734-6788)
Are you an REO Professional Professional looking looking for info on one of our sales? We are pleased to provi provide de you with our new REO Portal where you can obtain copies of documents, see dates, ask questions and obtain information pertinent to the REO industry. All you need is a log on and your are set! Please here and one of our representatives will provide you with a which will allow you access to file level data and documents 24/7! In addition, we welcome your feedback feedback on the site and look forward to heari hearing ng from you whether the site is helpful and/or what enhancements you would like to see.
Need a copy of a Trust Trustees ees Deed Upon Sale? Simply email our Trustee’s Sale Number and property address to and a copy or other response response will be returned within 24 hours. Please include the TS Number and/or the address of the property and one will be sent to you with within in 24 hours.
Need information on upcoming Trustees Sales? Trustee sales information, provided as a courtesy only, may be found by clicking on the link below and following the instructions outlined. No warranties or guarantees are given to its completeness or correctness as this information is subject to change at any time. It will be necessary necessary for you to attend all sales in order to obtai obtain n the most current information. The trustee or its agent will not be liable for any loss you may sustain in receiving this information. To continue you are required to accept the terms. By agreeing to these terms you will leave the Quality Loan Services website and be directed to the ASAP or Priority website as necessary.
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Contact Us Home Retention Department at 877 -88MYQLS (877)-886-9757 between the hours of 7am to 6pm PST.
. Do you need a copy of a Trustee's Deed? Deed? Please here and one of our representatives representa tives will provide you with a to our deed search engine. Or you may Request one by emailing... Please include the TS Number and/or the address of the property and one will be sent to you within 24 hours. To contact our Payoffs & Reinstate Reinstatement ment Departmentt pleasecall 877-REINST8 Departmen 877 -REINST8 (877)734 (877)734 6788. General Inquiries For general inquiries:
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File Detail
Notice Of Default
11/7/2008
Recorded:
Notice Of Sale Recorded:
2/19/2009
Sale Date:
9/23/2009
Trustee's Deed Recorded: 3/12/2010 Address:
6721 Tillamook Ave
Downloads
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Privacy Notice Copyright © QLS Corporation
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICHARD SHELLEY,
No. 09-56133 D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana
Plaintiff – Appellant, V.
DECLARATIONS OF RICHARD
QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING LLP
SHELLEY AND PHILIP SHELLEY AS TO EXHIBIT # 2-WQLS
Defendants – Appellees,
and FREMONT INVESTMENT & LOAN Defendant.
I Richard Shelley do declare that my review of the first nine pages of this exhibit and the three files attached to the best of my knowledge and review of them consist of webpage snapshots (E.# 2-WQLS *1-3) taken from Appellee Quality Loan Service Corp.’s (hereinafter QLS) website at http://www.qualityloan.com http://www.qualityloan.com with with links to download files at *3 of this exhibit, the three linked download files (RJN E.# 2-WQLS *4-9) with highlights and other markups added only to these first nine pages and not to the three files attached which are apparently the original copies downloaded from the three links links at *3 of this exhibit which I shall email copies of to the Court for the Court’s convenience. I Richard Shelley do declare under penalty of perjury to the best of my knowledge that the foregoing is true and correct. /s/Richard Shelley - 7/18/10 Richard Shelley - Executed on
Shelley v. Quality – Exhibit # 2-WQLS
Declaration of Philip Shelley
I Philip Shelley do declare the following. RJN E.# 2-WQLS *3 is a snapshot of Appellee Quality Loan Service Corp.’s (hereinafter QLS) website at http://www.qualityloan.com http://www.qualityloan.com which shows that the alleged Trustee’s Deed Upon Sale was allegedly recorded on 3/12/10 approximately 67 days after Tillamook Partnership (hereinafter “Tillamook”) allegedly sold the property to Yan Chun Ji on 1/04/10 (see RJN E.# 3-TPGD), 157 days after Tillamook was created on 10/06/09 (see RJN E.# 3-SP), 162 days after the alleged Trustee’s Deed was actually recorded by Tillamook on 10/01/09 (see RJN E.# 3-DTD), 163 days after Tillamook represented by an associate assoc iate of Litton filed the civil limited action on 9/30/09 (see RJN RJ N E.# 3-CLA), 170 days after the date the alleged sale was allegedly held on 9/23/09 (see RJN E.#s 2-WQLS, at *3; and 3-DTD), 366 days after the alleged sale was allegedly scheduled to take place on 3/11/09 (see E.# 2-WQLS, at *8), and 491 days after the alleged default allegedly occurred on 11/06/08 (see RJN E.# 2-WQLS, at *6). The following discrepancies were also found and referred to by different color h/l(highlight) and boxed markups, in the first download file included (E.# 2WQLS *4-5) titled ‘Trustees Deed Upon Sale’ which was neither executed nor recorded it shows on the first page, the incorrect zip code for the City of Westminster, CA in the left top area in red h/l showing delivery wanting, there is no legal description of any property just a “see attached” in red h/l but there is no attachment at all, the trustor defectively named at the bottom in red h/l, the correct account in blue boxed and h/l as well as the MIN in green/blue h/l both attributable to the Deed of Trust at issue in this case (see Compl. Ex. B, at *1), although bearing the same TS # and Order # as in the other two files all boxed in teal around the top areas of the pages, Ex.# 2WQLS, at *6-8 pages however bear no MIN at all and bear an account number of indebtedness not belonging to me and has no relation to the Deed of Trust at issue in this case, but each those
Shelley v. Quality – Exhibit # 2-WQLS
two other files does bear the correct name of the real party in interest as is shown originally in
the Grant Deed and in the Deed of Trust (see RJN E.#s 2-DG; and 2-DTO, at *1). In all the notices they give vague misleading references using words like “said” and “such” evading the roles of others and the actual role QLS purportedly played since there is no Substitution of
Trustee, as well as giving misleading references to “NOTE(S)” implying the possibility of there being more than one and being evasive as to what actual default had occurred if any at all. Differences between the purported Trustee’s Deed Upon Sale downloaded from QLS’s website (RJN E.# 2-WQLS *4-5 also original attached) and the one recorded (RJN E.# 3-DTD) are as follows. The amount claimed to be due and owing as well as the amount of the purported bid was removed from the one recorded, on RJN E.# 3-DTD, at *1 a legal description was inserted in place of the “see attached” on E.# 2-WQLS, at *4 even though there was no legal description attached, and the intended signatory “Bounlet Louvan Assistant Vice President” E.# 2-WQLS, at *5 was changed to “Jenny Rios Assistant Secretary” RJN E.# 3-DTD, at *2. The three files attached which consists of one MS Word (.doc) file and two Adobe (.pdf) files are originals downloaded from QLS’s site at http://www.qualityloan.com http://www.qualityloan.com unmodified unmodified in their original format. I Philip Shelley do declare under penalty of perjury that the foregoing is true and correct.
Digitally signed by Philip J. Shelley DN: cn=Philip J. Shelley, o, ou, [email protected], c=US Date: 2010.07.24 12:04:37 -07'00'
Declarant: Philip Shelley - Date included
Shelley v. Quality – Exhibit # 2-WQLS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICHARD SHELLEY, Plaintiff – Appellant,
No. 09-56133 D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana
V. QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING LLP
Defendants – Appellees, and
DECLARATIONS OF RICHARD SHELLEY AND PHILIP SHELLEY AS TO THE DOCUMENTS CONTAINED WITHIN THIS EXHIBIT AND AS TO MATERIAL FACTS CONCERNING THE STATE ACTION
FREMONT INVESTMENT & LOAN Defendant.
I Richard Shelley do declare the following. Ex. # 3-CLA *1 is a document that was signed by Gray Nguyen and personally delivered on September 28, 2009 one several times three Asian men came to my house loudly banging at my door very late in the evening around 9:00pm who kept banging and when I answered the door they told me that they allegedly purchased at auction my house had what one of the men held in his hand at the moment called “the trust deed to prove it” and claimed they were the owners now but they refused to show me the instrument and they wanted me to get out what seemed like immediately because they kept insisting that I unlock and open my metal screen door and would not leave giving me the impression that if I had opened the door they would’ve attacked me, forcibly entered and invaded my home, I honestly felt that my physical safety was threatened so I told them a couple times if they did not leave I was going to call the police. After the second time I went and picked up the telephone, came back to the door and told them I was calling at which point they walked backed to their car parked a couple of houses down across the street which I thought was suspicious. I hung up the phone because I thought that they were leaving which they did but sat in their car about two minutes before doing so. The document gives the false impression that if an eviction lawsuit was to be filed it would’ve been by Giant Gate Group, Inc. and when I checked to see if anything had been Shelley v. Quality - Exhibit # 3-CLA
Page 17
recorded against me or by them with the Orange County Clerk-Recorder’s Office in the
Grantor/Grantee index accessible online from the official Orange County, California website at http://egov.ocgov.com/ocgov nothing came up so I didn’t know what to think, and one of the http://egov.ocgov.com/ocgov other times they came after the case was filed, they kept insisting that their purported deed had been recorded and I could even verify that with the Recorder’s Office. So after they left I personally went down to the Orange County Clerk-Recorder’s Office in Santa Ana and checked c hecked by asking one of the Clerk’s staff there to do a search their system of records to check if any such instruments had been recorded in the Grantor/Grantee index under my name, Giant Gate Group, Inc. or by the other company that was suing me Tillamook Partnership, which he did search under the names of all three parties in individual searches which he found no such record instrument. Ex. # 3-CLA *2 is the true original copy of the summons-unlawful detainer-eviction that I was personally served with on September 30, 2009. Ex. # 3-CLA *3 is the three day notice to quit that I received in the mail sometime before those Asian men began harassing us, I do remember that there was no return address on the envelope which I thought was odd. Ex. # 3CLA *4-5 is another document signed by Gary Nguyen and personally delivered on October 9, 2009 after the limited civil case was filed, once again late at night around 9:00pm after repeatedly banging loudly on my door telling me to get out but they did not stay too long, the document after offering to pay more money than in previous one (which is also confusing) gives the misleading statement that Giant Gate Group, Inc. has not filed a lawsuit but will, implying that they were not the ones who had already filed against me and that I was going to be being sued by two different companies, which they should not have even been bothering and harassing me as they intentionally did after the case was filed with the hopes of obstructing me from defending the case and depriving me of my Constitutional rights to due process. Ex. # 3-CLA *67 is a notice of hearing scheduled for October 28, 2009 from the Superior Court of California that was certified by a Clerk of the Court on October 14, 2009 and mailed out on October 15, 2009 from Sacramento California two days after a motion for default judgment had apparently been filed. Ex. # 3-CLA *8-11 is the declaration of GARY NGUYEN signed by Gary Nguyen that apparently accompanied the motion for default judgment filed on October 13, 2009 that I was nor was anyone ever at my house ever served with, I was given no notice of and had no knowledge of until the day of my scheduled hearing when I showed up for the hearing and one of the court’s staff told me of it and only discovered it afterwards where it was found in the
Shelley v. Quality - Exhibit # 3-CLA
Page 18
flowerbed in front of my house which also had what GARY NGUYEN declared was “a certified
copy of the Trust Deed is attached hereto marked Exhibit "A".” Id. at *10. This was a copy of the purported trustee’s deed upon sale (RJN Ex. # 3-DTD) which I found was recorded under different names. The declaration signed by Gary Nguyen even admits that there was no remaining security interest in the residential real estate property and supports the fact that no dollar amount of tender was ever due on the purported debt at any of the times notice of rescission had been given by stating in the declaration that the total amount of principal together with costs and fees that was owing which they paid and held as secured was “$0.00 in security”. Id. Ex. # 3-CLA *11-12 is the original copy of the writ of execution for possession of my
residential real estate property that was posted on my front door with a blank white paper notice with some words typed on it with EVICT ALL stamped in bright red, signed by the sheriff of Orange County and posted on my front door on October 30, 2009. And Ex. # 3-CLA *13-16 is the motion to set aside the default judgment which I filed on November 3, 2009 and appeared at the hearing, I had also tried to file several answers to the complaint which raised numerous defenses but every time I tried to file them with the superior court the court’s staff refused to accept them but would not tell me what was wrong with them, why they kept refusing to accept them and why they would not allow me to raise whatever defenses I could to defend against being wrongfully evicted. I Richard Shelley do declare under penalty of perjury that the foregoing is true and correct.
/s/Richard Shelley - 7/28/10 Richard Shelley - Date Executed
Shelley v. Quality - Exhibit # 3-CLA
Declaration of Philip Shelley
Page 19
I Philip Shelley do declare the following. The facts of and surrounding this unlawful detainer and eviction are far beyond fraudulent, unfair, deceptive and an absurd abuse of process. Every one of the times those Asian men came to harass us they banged on the door so loud all the windows in the house rattled. Later on after they had left I called the number provided in the notice to find out what exactly they were talking about, I spoke to Gary I believe who had no idea who the original or Trustee of record was which was still the original Trustee named in the Deed of Trust Fremont General Credit Corporation and at first he could not recall who allegedly sold the property until I asked him if it was Quality Loan Service Corp. (hereinafter “QLS”) and his reply gave me the impression that was accurate. So I told him that QLS was not then nor was ever the trustee, was operating without an active license, that the Deed of Trust had already been rescinded and any security or other beneficial interest forfeited, and that if he had actually given any money to QLS that just as it was stated in the purported notice of trustee sale seen as QLS was “unable to convey title … the successful bidder's sole and exclusive remedy shall be the return of monies paid … and the successful bidder shall have no further recourse.” RJN Ex. # 2- WQLS, at *8. I advised him that he should probably seek to get that money back as quickly as
possible because QLS had defrauded him and whomever he represents, but he brushed it aside and attempted to assure me that he knew for a fact that QLS had proper authority (even though he couldn’t even remember who they were at first) and told me in his own words the he and whom he represented “were not at risk of any financial loss”. Which gave me the impression that they paid nothing and were most likely acting in conspiring with QLS to illegally without paying a dime obtain possession of our home of over 25 years which we owned free and clear so they could unlawfully sell it and profit from the fraud. Which come to find out later on was a very accurate judgment see the names of the defendants in RJN Ex. # VD-PFC as well as the mailing address of Michelle Nguyen Id. at *6,the name of the notary public in RJN Ex. # 3-DTD, at *2 as well as address of the so “called Grantee” Id. at *1, and the name of the notary public in RJN Ex. # 3-TPGD, at *1. See also RJN Ex. # FB-GN , at *1 look at the address of Gary Nguyen’s
Shelley v. Quality - Exhibit # 3-CLA
Page 20
bankruptcy attorney and the address of the previously d discharged ischarged attorney in this case Stephen F.
http://dialaw.com , these facts are not Dial on his firm’s website for Dial & Associates at http://dialaw.com coincidences, but clear and convincing evidence of collusion and criminal complicity by these notaries with past histories of white collar crime, by Stephen F. Dial other officers of the Court most likely perhaps judicial ones as well. After the summons and complaint were served I filled out a prejudgment right to possession form and signed it along with an answer to the complaint signed by both Richard Shelley and myself raising several defenses such as the rescission which the Defendants in this case had acquiesced, challenges to the superior court’s subject matter jurisdiction, stating in plain easy to understand terms that QLS was not nor was it ever the trustee under the Deed of Trust making the purported trustee sale and trustee’s deed upon sale void ab inito and in support cited Pro Value Properties, Inc. v. Quality Loan Service Corp., 170 Cal.App.4th 579 (2009). But the West Justice Center’s court staff kept refusing to accept and would not file them. The summons, the default judgment and the writ of execution for possession are all void on their face for reasons including but not limited to they are incomplete and do not bear signatures of the clerk of the court nor a deputy, the summons does not comply with the requisites and formalities of Cal. Civ. Pro. § 153(b) and Cal. Civ. Pro . § 412.20(a), the writ of execution does not comply with Cal. Civ. Pro. § 153(a), Ex. # 3-CLA *3 was served before the purported trustee’s deed was even eve n notarized and with the exception of the writ of execution were all filed and served before it was even recorded (see RJN Ex. # 3-DTD), sued in and against names other than the ones in the purported trustee’s deed (see Id.), as well as sued in the name of a partnership not registered with the California Secretary of State and before it even existed (see RJN Ex. # 3-SP ), ), the acquiesced rescission and offer of tender not accepted nor acted upon
within twenty days, and since QLS and the account posted in the purported notice of default that they executed and recorded were neither the Trustee nor the account so designated in and under the Deed of Trust nor was it ever a trustee substituted as such, that along with the countless other facts make null and void including but not limited to the purported notice of default, the purported trustee sales, the purported trustee’s deeds upon sale, the unlawful detainer eviction default judgment, the writ of execution for possession and the ineffective grant deed that was Shelley v. Quality - Exhibit # 3-CLA
Page 21
recorded after it ( RJN RJN Ex. # 3-TPGD) and should all be ordered to be delivered up or ruled as
such being null and void by the Court. At the ex parte hearing for the motion to set aside the default judgment on November 3, 2009 (RJN Ex. # 3-CLA *13-16) wherein copies of RJN Ex. # 2-WQLS *8, and RJN Ex. # 3-DTD *1-2 with different highlighted markups were attached as exhibits thereto, I personally appeared and was present during said hearing before the honorable John Adams at the West Justice Center in the County of Orange, State of California. The court asked me who I was in which I responded that I was Philip Shelley and was speaking on behalf of Richard Shelley who also appeared and was present, the court did not object to this and permitted me to proceed. He then asked me to summarize the contents of the motion why it should be granted, what would entitle further relief if granted and what the exhibits attached were. I replied that default should be set aside because neither I nor Richard Shelley were served with the motion for and had no knowledge of it until the day of the scheduled hearing on October28, 2009, then went on to explain that QLS was neither the trustee from the Deed of Trust nor the trustee of record and was acting as such without any authority which they had done before which I stated was properly cited in the motion and he just giggled thumbing through the pages glancing at them and said yeah I see that and continued to laugh. So I moved on to the exhibits and pointed out the discrepancies between the exhibits and the unlawful detainer filed in the names, account numbers, date of the scheduled and alleged sale, dollar amount stated to be owed and nothing at all stated to be owed as well as paid by such bidder and other arguments stated in the motion. He said what’s recorded with the County Recorder’s office really doesn’t matter, which I responded to with by arguing neither parties named in the purported trustee’s deed were the parties named in the unlawful detainer eviction, that it doesn’t even show that the plaintiffs in that case paid anything for it and consequently shows that there was nothing due and owing under the Deed of Trust. He said that it doesn’t matter they weren’t required to pay anything and he wasn’t going to set aside the default judgment because of a couple typographic errors. Then I told him about the rescission and this case in appeals he said that wasn’t good enough to set the default judgment aside and we had one day to vacate the premises Motion Denied. I pleaded to allow two or three additional days to move out all our property he declined Shelley v. Quality - Exhibit # 3-CLA
Page 22
and told me to ask the plaintiff or the plaintiff’s attorney which I did later on by leaving a
message with the attorney but received no reply. What the Courts both State and Federal have allowed to happen to my father Richard Shelley, contributed to and come to find out benefit from by way of hired public-private partnerships for the purposes of o f investing in foreclosures at a time when the middle class is suffering dearly, all for judges to have their TSP pension and retirement funds replenished after taking substantial losses as a result of pension board members and financial advisors who amassed great wealth from well calculated planned out deals made with every intention that they would go bad to take every advantage possible to profit every step of the way, but set up unwitting innocent homeowners for the inevitable fall so as to drive the incentive for judges to unbalance their impartiality and have their focus diverted from the ones who actually benefited from their own wrongdoings, and institute a campaign of pernicious treachery against working middle class homeowners who are the ones who have been victimized the most. My father Richard Shelley is a Vietnam War Veteran draftee that has been working for the U.S. Postal Service for over 25 years who served his Country and the Federal Government faithfully honorably and loyally. Now it appears that he will probably never get to retire comfortably, I would and other Americans would probably also expect more from the Federal Government of a Country for a man that has willingly risked his life for it and continues to serve it. I Philip Shelley do declare under penalty of perjury that the foregoing is true and correct.
Digitally signed by Philip J. Shelley DN: cn=Philip J. Shelley, o, ou, [email protected], c=US Date: 2010.07.30 09:25:00 -07'00'
Declarant: Philip Shelley - Date included
Shelley v. Quality - Exhibit # 3-CLA
Exhibit # 3-DTD
.
·
Trustee's Deed Upon Sale
R ec ordad in Official Records, Or a n g e C o u n t y
Page 1
Tom Daly, Clerk-Recorder
1IIIIIIIIII III I\IlUI mIIln 119 00 2009000521666 03:25pm
Recording requlI:sted by:
11132 0.00
10 01109
T09 2 non-clis
0.00
0.00 0.00
3. 00 0.00
0.00 0.00
When recorded mail 10:
GIANT GATE GROUP, INC 9039 BOLSAAVE . STE 210
WESTMINSTER,, CA 92863 WESTMINSTER Forward tax statements to the address given above Space above Ihls lin e Inr
CA-OB-209141-JB MERS MIN No .:
TS
Order
080054355-CA-MAI
100194410003219974
e c o r d e ~
use
Investor No. No . 1000321997
Trustee's Deed Upon Sale A .P.N. : 203-491-20
Transfer Tax Tax::
The undersi undersigned grantor declares declares:: The grantee herein WASN'T the foreclosi foreclos ing beneficiary beneficiary.. The amount of the unpaid debt together with costs was: The amount paid by the grantee at the trustee sal sale e wa s : The documentary transfe transferr tax is: Saiid property is in the City of: Sa of: Westminster. County of ORANGE
None
QUAL ITY L OAN SERVICE CORPORATION. as Trus tee. (whereas so designated in the Deed of Trust hereunder more particu particullar ly described or as duly appointed Trustee) does hereby GRANT and CONVEY
to TILAMOOK PARTNERSHIP, A GENERAL PARTNERSHIP, CONSISTING OF THE TILAMOOK TRUST, WITH NEW WAVE SERVICES, LL C AS TRUSTEE AND THE GIANT TRUST, WITH DHK PARTNERS PARTNERS,, LLC AS TRUSTEE (herein called Grantee) but without covenant or warranty, expressed or implied. all right title and inte rest conveyed to and now held by it as Trustee under the Deed of Trust in and to the property situated in the county of ORANGE, State o f California , described as follows : LOT 174, TRACT 2388, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECOR RECORDEO DEO IN BOO K 77, PAGES 39 TO 41 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY PROPERTY,, BUT WITH NO RIGHT OF SURF ACe ENTRY, AS AS PROVID eD IN DeeDs OF RECORD. Thiis conveyance is made in compliance with the terms and provisions of the Deed of Trust executed by RICHARD Th SHeLLY, AN UNMARRIEC MAN AS HIS SOLE AND SEPARATE PROPERTY, PROPERTY , as trustor trustor,, dated 511512006 , and recorded on 5126J200S as Instrument number 2006000359250, in Book xx x , Page x x x of Official Records in the
Trustee' s Oeed Upon Sale Trustee' Page 2 offICe of the Recorder of ORANGE ORANGE,, California California,, under the author authorjjty and powers v ested in the Trustee designated in in the Deed of Trust or as the duly appo appoiinted trustee, trustee , default having occurred under the Deed of Trust pursuant to the Notiice of Breach and El Not Eledion to Sell under unde r the Deed of Trust recorded on 111712008, instrument no 2008000524486 , Book ) 0 0 ( , Page xxx, of Official records. Trustee hav haviing complied with all applicable statutory requirements of the Stale 01 California and performed all duties requir requi red by the Deed of Trust Trust including sending a Notice of Default and Election to Sell wi w ithin ten days after its recording and a Notice of Sale at least twenty days pr ior t o the Sale Date by certified mail pri mail,, postage pre-paid 10 each person entitled to notice In compli ance with Caliif ornia Ci Cal Civil Code 2924b
Default occurred as set forth i n a Notice of Defau Defaullt and Election to Sell wh ich was recorded in the office of the Recorder of said County. County. All requ requii rements of law regardin regardi ng the ma il ing of copies of notices or the publi cat catiion of a copy of the Not Notiice of Default o r the person perso nal delivery of the copy of the Notice of Default and the posting and publi cat catiion of copiies of cop o f the Not Notice of Sale have been comp li ed with. with . Said property was so solld by said Trustee at public aucti auction on o n 9 23 2009 at the p lace named in the Notice of Sale,, in the Cou Sale Coun nty of ORANGE, California California,, in which the property is si s ituated tuated.. Grantee, being the highest bidder at such sale, became the purchaser of said property and paid therefore to said trustee the amount being lawful money of the United Stales Stales,, or by the satisfaction satisfaction,, pro tanio, of the obligations then secured by said Deed of Trust. Date:
Q U ALl TY,_ N SERVICE COIY' lRA"TION
9129 2009
By :
' Jenny RI
s
State of California ) County of o f San Diego ego)) On
/Z(IMl
before me, Michelle Nguyen a notary public, personaUy appeared Jenny Rios, 'NI 'NIlo lo p r o ~ t h e basis of satisfactory evi evidence to be the person(s) whose name(s) is/are subscr subscrii bed to the within instrument and acknowledged to me that he/s he/sheJ heJthey they executed the same in hislherlthei hislherlthe ir a uthorized capac1ty(ies), capac1ty(ies) , and that by hislher hislhe rltheir signature(s gnature(s)) on the instrument the person person{{s), or the entity upon beh beha lf 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 foregoi foregoi ng paragraph is lruea nd correct correct.. llfll l{,( ' ~ l l l l 1 n l l ) ' I H I , ? WITNESS
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Exhibit # 3-MIN
MERS® Servicer Identification System - Results
1 record matched your search: Need help?
MIN: 1001944-1000321997-4
Note Date: 05/15/2006
MIN Status: Active Phone: (800) 247-9727
Servicer: Litton Loan Servicing LP Houst Hou ston on,, TX
Return to Search
For more information about MERS please go to www.mersinc.org Copyright© 2006 by MERSCORP, Inc.
https://www.mers-servicerid.org/sis/search[5/18/ https://www.me rs-servicerid.org/sis/search[5/18/2010 2010 11:30:43 AM]
MERS® Servicer Identification System - Results
1 record matched your search: Need help?
MIN: 1001944-1000321997-4
Note Date: 05/15/2006
MIN Status: Active Phone: (800) 247-9727
Servicer: Litton Loan Servicing LP Houst Hou ston on,, TX
Investor:
Phone: (212) 525-1592
HSBC Bank USA as Trustee New Yor York k City City,, NY
Return to Search
For more information about MERS please go to www.mersinc.org Copyright© 2006 2006 by MERSCORP, I nc.
https://www.mers-servicerid.org/sis/search[6/14/ https://www.me rs-servicerid.org/sis/search[6/14/2010 2010 2:00:05 PM]
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
RICHARD SHELLEY, Plaintiff – Appellant,
No. 09-56133 D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana
V. QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING LLP
EXHIBIT # 3-MIN ATTACHED DECLARATION OF RICHARD SHELLEY AS TO THE MORTGAGE
Defendants – Appellees,
IDENTIFICATION NUMBER
and FREMONT INVESTMENT & LOAN Defendant.
I Richard Shelley do declare as follows. In page one of this exhibit (RJN Ex. # 3-MIN *1) there is included on one page two different webpage snapshots separated by a red line in the middle taken from the Mortgage Electronic Registration Systems (hereinafter “MERS”) website at https://www.mers-servicerid.org https://www.mers-servicerid.org.. If you go to the website by clicking either of the links in this declaration of the exhibit and do a search using this MIN (Mortgage Identification Number): 1001944-1000321997-4 1001944-1000321997-4 (containing the actual loan number: 1000321997) which is the same MIN in the Deed of Trust (see RJN Ex. # 2-DTO, at *1), the same MIN that was inactive in December, 2008 (see RJN Ex. # 2-MC, at *10), the same MIN in the incomplete assignment of the Deed of Trust that was never executed and recorded (see RJN Ex. # 2-MUA, at *2), the same MIN contained and referred to in the purported Trustee’s Deed Upon Sale created and used by Defendant/Appellee Quality Loan Service Corp. (see RJN Ex. # 2-WQLS, at *3, and attached original), and the same MIN contained in and referred to in the purported Trustee’s Deed Upon
Shelley v. Quality – Exhibit # 3-MIN
Page 2
Sale executed by Jenny Rios as Assistant Secretary for Defendant/Appellee Quality Loan Service Corp., notarized by Michelle Nguyen and recorded on October 1, 2009 (see RJN Ex. # 3-DTD) you’ll most likely get search results similar to the webpage snapshot in the lower portion in the first page of this exhibit (RJN Ex. # 3-MIN, at *1). This shows us that despite the fact that in December of 2008 at that time the MIN had been inactive because of the principal balance on the loan had already been paid in full, Defendant/Appellee Litton Loan Servicing L.P. somehow possibly pulled out another loan by using and reactivating the MIN and probably kept the money, and despite the fact that Defendant/Appellee Quality Loan Service Corp.’s purported Trustee’s Deed Upon Sale has been recorded the MIN remains active to this day. I Richard Shelley do declare under penalty of perjury that to the best of my knowledge the foregoing is true and correct.
/s/Richard Shelley - 7/7/10 Richard Shelley - Date executed
Shelley v. Quality – Exhibit # 3-MIN
Page 3
Exhibit # 3-SP
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RECORDING REQ UE STED BY
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Exhibit # 3-TPGD
RE OODING REQUESTED BY l/I\\/VERS 1f lf RE CORD CORDIi\G Ii\G REQU£STED BY:
To m Daly, Clerk_Record.r
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Ca lifornia Ea E ag le Esc ro w , Inc .
2 0 1 0 0 0 0 0 0 1 4 4 7 0 3 : 1 6 p m 01104110
AND WHEI'i RE CORDE CORDED D MAIL TO:
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TIlE UNDERS IGNED GRANTOR DECLARES TH AT DOCUMENTARY TRANSFER TAX IS S52S:00 and CITY iJ compute computed d on full value o f property conveyed conveyed,, or computed on full va lu e less liens or encumbrances remain remainiing at the time o f sale.
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FOR A VALUABLE CONSIDERATION, receipt o f which is bereby acknowledged,
Tillamook Partnership, a General P artnership, CODslstine of the Tillamook Trust, with New Wave Services, Tillamook LLC as Trustee and the Giant Trust, with DHK Partners, LLC as Trustee hereby GRANTS to Yan Chun J i , a n u n m a r r i e d woman, a s t o a n u n d i v i d e d 5 5 . 0 0 ' i n t e r e s t , an_d an_d.. G u i - J u n Zhao, a n u n m a r r i e d woman, a s t o a n u n d i v i d e d 45.00 i n t e r e s t , a l l a s T e n a n t s 1 n Common. the followin following g described rea eall property in the County o f Ora nee, State ofCalifomia; SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
Date
December 22, 2009
Til
k Partnership, a General Partnership
By : N
wW
Hien Nguye Nguyen n
eS
ices,
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LtC. Trustee
STATE OF CALIFORNIA
}S.S_ }
COUNTY OF i l i t ' l ~ u
L
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before me, It Doll personally appeare who proved to me on the bas is of satisfactory evidence to on s whose na . r bsc ribed to the withJ. 1.. nsrrwnent and a C k o O W ~ e d ed to me t ha t hefsh ty executed e same in bisJbe t authorized c a p a c i ~ and that by hislher ciT ~ i g n a t u r e ® on llu: ins menl the penon@. or the entity upon behalf o f which tbe p e r $ O ~ acted, execute e strumen strumentt On
1 certify und er PE NALTY OF PERJURY under the laws ofthc State o f California that the foregoing parugraph true and correct.
WITNESS my
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Notl r, Public· Clillornl Clillorn l. Olillg' Co unty Corrrm h ifn Oct 24 24,, 20t 3
File No: 295 29538752 38752
EXHIBIT
A
THE LAND REFERRED TO HEREIN IS SITUATED IN T HE (OUNlY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 174, TRACT 2388, IN THE CIlY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PE R MAP RECORDED I N BOOK 77, PAGES 39 TO 41 INCLUSIVE OF MISCELLANEOUS MAPS , IN THE OFFICE OF THE COUNlY RECORDER OF SAID COUNTY. EXCEPT THEREf ROM THE OI L, GAS, MINERALS, AND OTHER HYD ROCARB ON SUBSTANCES LYI NG BELOW THE SURFACE OF SAID LAND, AS PROVIDED IN DEEDS OF RECORD.
ASSESSOR S PARCEL NUMBER: 203-491-20
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Exhibit # D-TOF
Re: Fw: Richard Shelley v. Quality Loan Service Corp. Subject Subject
Re: Fw: Richard Shelley v. Quality Loan Service Corp. Corp.
From From
[email protected]
To To
Philip
Sent Sent
Wednesday, June 09, 2010 2:21 PM
Attachments Attachments
<<pic17807.jpg>>
Mr. Shelly, Please contact the Office Supervisor, Jeff Allsteadt, at (714) 338-4760 as I believe your questions can be best answered by him. Thank you,
From: "Philip" <[email protected]> To: <[email protected]> Date: 06/09/2010 02:15 PM Subject: Re: Fw: Richard Shelley v. Quality Loan Service Corp.
Once again, my last name is Shelley not Shelly so please do not call me Mr. Shelly as I do not even eve n know who that is. Please refer to me as Mr. Shelley. I would call unfortunately I'm going to need some sort of written explanation for the 9th Circuit Court of Appeals as to why the transcript order was never filed on the docket and why the 9th Circuit never received a transcript. Not to mention as it appears, you may have me mistaken for somebody else that is not associated with the Plaintiff in the case referenced below. I'm also inquiring and need answers as to why in the order attached in the previous message it listed ARTHUR NAKAZATO as the Magistrate Judge when he was recused and the case reassigned (see attachment "8 Order Recusal"), and why the same ARTHUR NAKAZATO was not recused in Case # 8:09?cv?01261 (see attachment "Removal"). ----- Original Message -----
Shelley v. Quality – Exhibit # D-TOF
Page 1
From: <[email protected]> To: "Philip" <[email protected]> Sent: Wednesday, June 09, 2010 12:13 PM Subject: Re: Fw: Richard Shelley v. Quality Loan Service Corp.
> Mr. Shelly, > > Please call me at (714) 338-2849. > > Michelle > > > > From: "Philip" <[email protected]> > To: <[email protected]> > Date: 06/09/2010 12:10 PM > Subject: Re: Fw: Richard Shelley v. Quality Loan Service Corp. > > > > It's Mr. Shelley and no I didn't d idn't try to efile it as I've only been > permitted ECF with 9th Cir not with CACD and the 9th Cir told me that > the transcrpt order had to be filed with the District Court. I > manually filed it in person, handed hand ed it to the assistant in the clerks > office at the District Court in Santa Ana, they looked at it accepted > it sayed okay thank you and >I > left. I'm wondering if maybe it was because bec ause of the attached order eeven ven > though the Court never designated the case for efiling on the docket > and General Order 08-02 only states that all cases are subjet to > electronic filing. > ----- Original Message ----> From: <[email protected]> > To: "Philip" <[email protected]> > Sent: Wednesday, June 09, 2010 11:41 AM > Subject: Re: Fw: Richard Shelley v. Quality Loan Service Corp. > > >> Mr. Shelly, >> >> Did you manually file your transcript request or did you attempt to efile >> it? If you attempted to efile it and are not permitted to then that >> is why it's not on the docket.
Shelley v. Quality – Exhibit # D-TOF
Page 2
>> >> If you are still requesting a transcript and cannot cann ot efile it then >> you'll need to manually file the request. >> >> Michelle Urie >> Courtroom Deputy to the >> Honorable Cormac J. Carney >> >> >> >> From: "Philip" <[email protected]> >> To: "Michelle Urie" <[email protected]> >> Date: 06/09/2010 11:20 AM >> Subject: Fw: Richard Shelley v. Quality Loan Service Corp. >> >> >> >> Michelle Urie, >> On or a short before August 27, 2009 I filed with in the >> Central District Court in Santa Ana a transcript order for Case No. No . >> SACV 09-00291-CJC which is now on appeal in the 9th Circuit as CA9 Docket No. >> 09-56133 but it never registered or showed up on the docket. I don't know >> if this is because I have not n ot been permitted to file anything in the case >> for proceeding pro se or because the issue is there was no transcript >> of the hearing which is what Ms. Beesley told me on the telephone in >> August of last year when spoke to her regarding the transcript order. >> If it would not be too much trouble, could you please help me resolve >> this problem or > tell >> me what I need to do or who I need to talk to resolve it? >> ----- Original Message ---->> From: Maria Beesley >> To: Philip >> Cc: [email protected] >> Sent: Thursday, June 03, 2010 7:30 AM >> Subject: Re: Richard Shelley v. Quality Loan Service Corp. >> >> I'm not sure, Mr. Shelley, but here h ere is our clerk's email. >> [email protected]. >> >> >> Maria Beesley >> Court Reporter to the >> Honorable Cormac J. Carney
Shelley v. Quality – Exhibit # D-TOF
Page 3
>> (714) 564-9259 >> >> --- On Wed, 6/2/10, Philip <[email protected]> wrote: >> >> From: Philip <[email protected]> >> Subject: Re: Richard Shelley v. Quality Loan Service Corp. >> To: "Maria Beesley" <[email protected]> >> Date: Wednesday, June 2, 2010, 5:29 PM >> >> Hi Maria, >> How come it never registered that I filed a Transcript >> Order for the 9th Circuit in appellate case no. >> 09-56133 even though I filed it August 27, 2009 with the Clerk of >> the Central District Court in Santa Ana and you said that the court >> had received it? Is there an email where the clerk can be reached at? >> ----- Original Message ---->> From: Maria Beesley >> To: [email protected] >> Sent: Monday, August 24, 2009 1:58 PM >> Subject: Richard Shelley v. Quality Loan Service Corp. >> >> >> >> Mr. Shelley, >> >> Here is a copy of the judge's order granting dismissal. >> >> >> Sincerely, >> Maria Beesley, RPR >> Official Reporter to the >> Honorable Cormac J. Carney >> 411 W. 4th Street, #1-053 >> Santa Ana, Ca. 92701 >> 714-564-9259 >> [email protected] >> >> >> >> > [attachment "24 Notice of Discrepancies Doc Rejected.pdf" deleted by > Michelle Urie/CACD/09/USCOURTS] > [attachment "8 Order Recusal (ANx) Reassigned to (MLG).pdf" deleted by Michelle Urie/CACD/09/USCOURTS] [attachment "Removal 809?cv?01261 (ANx Recommendation).pdf" deleted by Michelle Urie/CACD/09/USCOURTS]
Shelley v. Quality – Exhibit # D-TOF
Page 4
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
RICHARD SHELLEY,
No. 09-56133 D.C. No. 8:09-cv-00291-CJC-MLG
Plaintiff – Appellant,
Central District of California, Santa Ana V. QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING LLP
EXHIBIT # D-TOF ATTACHED DECLARATION OF RICHARD SHELLEY AS TO THE FILING OF THE CASE
Defendants – Appellees,
TRANSCRIPT ORDER
and FREMONT INVESTMENT & LOAN Defendant.
I Richar Richard d S helley helley do declare declare that that on or within within tran transc scri ript pt o rder rder form form for for the the ab abov ov e capt captio ioned ned case case iin n
a couple couple of days befo befo re 8/24/0 8/24/09 9 I fil filed ed the th thee U.S U.S.. Dis Distr tric ictt Cou Courr
t, Cent Centra rall Dis Distr tric ictt of of
Califo Cal iforni rnia, a, Sa Santa nta Ana Ana Divis Division. ion. T he first four four page pagess of th th is Exhi Exhibi bi t is a true and and accura accura te copy of an email that reflects the communicatio ns between me and Mar ia Beesley Court Reporter to District District Judge Corma Cor macc J. Car Carney ney as as well well as as M
ic ichel helle le Uri Uriee Cour Cour troom troom Deput Deputy y to Dis Distr tric ictt Judge Judge Cor Corm m ac J. J. Carney Carney
regarding the filing of the transcript order and other issues. I Richard Shelley do declare under penalty of perjury that the forgoing is true and correct.
/s/Richard Shelley - 7/09/10 Richard Shelley - Date Executed
Shelley v. Quality – Exhibit # D-TOF
Page 5
Exhibit # FB-GN
Case 8:09-bk-18532-RK Doc 5 Filed 08/17/09 Entered 08/17/09 12:21:28 341Mtg Chap7/Ind No Assets Page 1 of 2 B9A (Official Form 9A) (Chapter 7 Individual or Joint Debtor No Asset Case) (12/07)
UNIT NITED ST STA ATE TES SB BA ANKRUP UPT TCY COURT
Cen enttral Dis isttric rict O Off C Cal aliifo forrni nia a
Desc
Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines
A Chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on August 17, 2009.
You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at U. S. Bankruptcy Court, 411 West Fourth Street, Suite 2030, Santa Ana, CA 92701−4593 NOTE: The staff of the bankruptcy clerk's clerk's office cannot give legal advice.
See Reverse Side For Important Explanations
Debtor(s) (name(s) and address): Gary Nguyen 20675 Adam Cir. Yorba Linda, CA 92886
Case Number:
8:09−bk−18532−RK
All other names used by the Debtor(s) in the last 8 years (include married, maiden and trade names): Debtor: Joint Debtor:
Last four digits of Social Security or Individual Taxpayer−ID (ITIN) (ITIN) No(s)./Complete EIN: No(s)./Complete Dbt SSN: xxx−xx−6801
Attorney for Debtor(s) (name and address): Christopher P Walker 505 S Villa Real Dr Ste 204 Anaheim Hills, CA 92807 Telephone number: 714−639−1990
Bankruptcy Trustee (name and address): Jeffrey I Golden Weiland, Golden, Smiley, Wang Ekva P.O. Box 2470 Costa Mesa, CA 92628−2470 Telephone number: number: (714) 966−100 966−1000 0
Meeting of Creditors Date: September 30, 2009 Location: 411 W Fourth St., Room 3−110, Santa Ana, CA 92701
Time: 08:00 AM
Presumption of Abuse under 11 U.S.C. § 707(b) See "Presumption of Abuse" on on the reverse side The presumption of abuse does not arise.
Deadlines Papers must be received by by the bankruptcy clerk's office by the following deadlines: Deadline to File a Complaint Objecting to Discharge of the Debtor or to Determine Dischargeability of Certain Debts: November 30, 2009 Deadline to Object to Exemptions: Thirty (30) days after the conclusion of the meeting of creditors.
Creditors May Not Take Certain Actions In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt penalized. Consult a lawyer to determine your rights in this case.or take other action in violation of the Bankruptcy Code, you may be
Please Do Not File a Proof of Claim Unless You Receive a Notice To Do So
Creditor with a Foreign Address A creditor to whom this notice is sent at a foreign address should read the information under "Do Not File a Proof of Claim at This Time" on the reverse side. Address of the Bankruptcy Clerk's Office: 411 West Fourth Street, Suite 2030, Santa Ana, CA 92701−4593 Telephone number: 714−338−5300
For the Court: Clerk of the Bankruptcy Court: Jon D. Ceretto
Hours Open: 9:00 AM − 4:00 PM
Date: August 18, 2009
(Form rev. 12/07:341−B9A)
/
STATE OF CALIFORNIA
DEPARTMENT OF REAL ESTATE The license information shown below represents public information taken from the Department of Real Estate's database at the time of your inquiry. It will not reflect pending changes which are being reviewed for subsequent database updating. Also, the license information provided includes formal administrative actions that have been taken against licensees pursuant to the Business and Professions Code and/or the Administrative Procedure Act. All of the information displayed is public information. Although the business and mailing addresses of real estate licensees are included, this information is not intended for mass mailing purposes.
License information taken from records of the Department of Real Estate on 6/12/2010 3:44:55 PM License Type:
BROKER
Name:
Nguyen, Nguye n, Gary Bao
Mailing Address:
20675 ADAM CIR YORBA LINDA, CA 92886 92886
License ID:
01872497
Expiration Date:
12/29/13
Status: License Status:
LICENSED
Issued:: Broker License Issued
12/30/09 (Unofficial -- taken from secondary records)
Former Name(s):
NO FORMER NAMES
Main Office:
20675 ADAM CIRCLE YORBA LINDA, CA 92886 92886
DBA
NO CURRENT DBAS
Branches:
NO CURRENT BRANCHES
Affiliated Licensed Corporation(s): NO CURRENT AFFILIATED CORPORATIONS Comment Comment::
NO DISCIPLINARY ACTION
NO OTHER PUBLIC COMMENTS >>>> Public information request complete <<<< http://www2.dre.ca.gov/PublicASP/pplinfo.asp?Lice http://www2.dre.ca.gov/Publi cASP/pplinfo.asp?License_id=01872497[6/12/2010 nse_id=01872497[6/12/2010 3:44:00 PM]
Exhibit # FB-SDS
Gershuni & Imrich Files Suit to Save Irvine Family from Foreclosure | Business Wire | Find Articles at BNET
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Gershuni & Imrich Files Suit to Save Irvine Family Gershuni Family from Foreclosure Business Wire, Wire, Feb 11, 2003
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Business Editors
SANTA ANA, Calif.--(BUSINESS WIRE)--Feb. 11, 2003 Press Conference Set for Thursday, February 20th, 2003, at 10:15 AM in Front of the Orange County Superior Courthouse (Santa Ana) Attorneys Gregory B. Gershuni and Ian Imrich, representing Stephen and Kristin Cobb of Irvine, have obtained a Temporary Restraining Order from the Orange County Superior Court against Litton Loan Servicing, L.P., Greg Metcalf, and Possess the Land, Inc., to halt eviction proceedings threatened against the Cobbs.
The Cobbs and their willOrange hold a press conference on Thursday, February 2003, at 10:15 AM inattorneys front of the County Superior Court, 700 Civic Center 20th, Drive West, Santa Ana, CA. prior to a preliminary injunction hearing in the case. Hon. Thomas Thrasher, Sr. has set the matter for a preliminary injunction hearing in his courtroom, Department C-11, at 11:00 AM on February 20, 2003. The case is entitled Stephen Cobb and Kristin Cobb vs. Litton Loan Servicing, L.P., et. al., Case No. 03CC01832. Greg Metcalf, and Possess The Land, Inc., are also named as defendants in the lawsuit. Shortly after moving with their three children from Colorado to California, the Cobbs, in October, 1998, purchased their Irvine home for $535,000. The first trust deed mortgage on their home was held by defendant Litton. In late 2001, the Cobb family experienced a number of unforeseen personal and financial setbacks and fell behind in their loan payments. They received a default notice in February of 2002; however, in May of 2002, the Cobbs entered into a written workout agreement with Litton by which they would be able to satisfy their mortgage debt arrearage by paying $10,000 initially, and then 12 monthly payments. After paying the initial $10,000, the Cobbs paid each monthly payment on or before the due date, including their payment for January, 2003, which was not due until January 20, 2003. On January 14, 2003, with only a few months to go on the repayment plan, the Cobbs were served with a three-day eviction notice indicating that the family home had been sold at a foreclosure sale on January 3, 2003, by Litton to Greg Metcalf's corporation, "Possess the Land, Inc." Prior to receiving the eviction notice, the Cobb family had no idea that their family home had been foreclosed upon. "It is completely unbelievable to us that Litton could steal our family home," said Stephen Cobb. The foreclosure by Litton and Metcalf's attempt to evict the Cobbs caught the Cobb family entirely by surprise. The Cobb family immediately contacted Litton in an attempt to rectify Litton's mistake. Litton failed to respond to the Cobb family's cry for help, according to their attorney, Gregory B. Gershuni. http://findarticles.com/p/articles/mi_m0EIN/is_2003_Feb_11/ai_97 http://findarticles.com/p/a rticles/mi_m0EIN/is_2003_Feb_11/ai_97467069/[6/6/2010 467069/[6/6/2010 7:38:27 PM]
recourse for the Cobb famil The only recourse family, y, according according to Gersh Gershuni, uni, is to persuade the Court to setto aside the foreclosure, the deed to attorneys Metcalf's corporation, and compel bank reinstate the Cobbs' cancel loan. Accordingly, Gregory B. Gershuni and the Ian J. Imrich filed such a lawsuit on behalf of the Cobbs on January 21, 2003. "This entire situation has been devastating to us, and especially our daughters who are now afraid that they will be uprooted from their schools and forced to move," said Kristin Cobb. "We are all in shock over this," she continued. Their attorney, Gregory B. Gershuni, stated, "The Cobbs are decent, hard-working people who have poured their hearts and souls into creating a safe nest for their family. To have their sense of security ripped away from them is wrong. The Court cannot let such an injustice stand. We are confident that the Court will do what is necessary to right this injustice." Plaintiffs' Counsel: Gregory B. Gershuni and Ian J. Imrich with the Los Angeles, CA law firm of Gershuni & Imrich, LLP; tel: 310/474-6300.
Defense Counsel: Stephen Silverstein and Stuart Wingo Knight represent Defendants Metcalf and Defendant Possess the Land, Inc.; tel: 714/832-3651 (Silverstein) and 714/730-4808 (Knight). General Counsel for Litton; tel: 800/669-6650. http:/// findarticles http:/ findarticles.com/p/ .com/p/articles articles// mi_ i_m0 m0EI EIN/is_ N/is_ 200 2003_Feb_ 3_Feb_11/ai_ 11/ai_974 974670 67069/[6/ 69/[6/6/2010 6/2010 7:40:27 PM]
State Bar of CA :: Steven David Silverstein
Steven David Silverstein - #86466 Current Status: Active This member is active and may practice law in California. See below for more details.
Profile Information Bar Number
86466
Address
14351 Red Hill Ave, #6 14351 Tustin, CA 92680
Phone Number
(714) 832-3651
Fax Numbe Number r
Not Available
Not Available
District
District 8
Undergraduate School
California St Univ Long Beach; CA
County
Orange
Law School
Western State Univ; CA
Sections
None
Status History Effective Date Present
5/31/1979
Status Change Active Admitted to The State Bar of California
http:/// me http:/ memb mbers.calbar.ca.gov/search/mem ers.calbar.ca.gov/search/member_detail.aspx?x= ber_detail.aspx?x=864 86466[6/6/ 66[6/6/201 2010 0 7:52:36 PM]
Re: before you do anything you need to file our claims & our documents in support of Subject Subject
Re: before you do anything you need to file our claims & our documents in support of
From From
Stephen Dial
To To
Phlip
Sent Sent
Tuesday, May 19, 2009 8:56 AM
I have filed my motion to withdraw - it will be heard June 8, 2009. Richard has been served with copies. You several weeks ago, on the basis of a purported, ineffective and illegal "power of attorney" form, pretended to "relieve" me as counsel, and you and Richard thereafter refused to communicate with me, despite my _daily_ efforts to contact you by phone and by e-mail. Your contact with me has been intermittent and capricious, and you have allowed no contact with the actual client Richard, nor has he made any contact with me for more than a month. I cannot fulfill any sort of legal representation under those circumstances. I am expecting Litton's motion to dismiss any day now. As I have already stated, I will _not_ take directions from you. I had no part in and no knowledge of your illicit contact with Litton, and I strongly disapprove of it. If _Richard_ wants the "claims and documents" you reference below filed, please arrange for Richard to sign a substitution of attorney and order as soon as possible. SFD Phlip wrote: > if you need more copies co pies of supporting documents to FDCPA claims let me > know > > ------------------------------------------------------------------------------------------------------------------------------------> ->
–
Shelley v. Quality R-POA
Page 4
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
RICHARD SHELLEY,
Plaintiff – Appellant, V. QUALITY LOAN SERVICE CORP.;
No. 09-56133 D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana EXHIBIT # R-POA ATTACHED DECLARATIONS OF RICHARD
LITTON LOAN SERVICING LLP Defendants – Appellees,
and
SHELLEY AND PHILIP SHELLEY AS TO THE REVOCATION IN AND GRANT OF GENERAL POWER OF ATTORNEY
FREMONT INVESTMENT & LOAN Defendant. I Richard Shelley do declare the following. On April 8, 2009 I executed the General Power of Attorney(hereinafter “P.o.A.”) included in this exhibit marked as Exhibit # D-RGPA, free from duress and out of my own free will, granting a general power of attorney to Philip J. Shelley (hereinafter “Philip”) to act as my agent and attorney in fact. Thereby, revoking any and all general powers of attorney and special powers of attorney that had been previously signed by me. I apparently forgot to include the date when signing it, but did fill it in later on during the day. Following execution and acknowledgment of the P.o.A by Philip, I instructed him to transmit and give notice of it to former counsel Stephen F. Dial which he apparently did accomplish and sometime thereafter I verified receipt by telephone acknowledgment by Stephen F. Dial. On May 8, 2010 I reaffirmed the P.o.A and acknowledged said reaffirmation in the presence of two witnesses who wh o both filled out the rest of the form by including their addresses and executing as witnesses the acknowledgment of my reaffirmation of the granting general power of attorney to Philip J. Shelley and the revocation of any and all powers of attorney previously granted to Stephen F. Dial. I Richard Shelley do declare under the penalty of perjury that the foregoing is true and correct. /s/Richard Shelley - 7/22/10 Richard Shelley - Date Executed
Shelley v. Quality – Exhibit # R-POA
Page 5
Declaration of Philip Shelley
I Philip Shelley do declare the following. On approximately April 8, 2009 I witnessed Richard Shelley execute and acknowledge said execution of a general power of attorney granting me Philip Shelley the power to act as agent and as attorney in fact for said Richard Shelley. Following said execution I proceeded to scan images of said general power of attorney for transmission and notification to previous counsel Stephen F. Dial via facsimile at fax number (714) 279-8052 and by e-mail notification with the power of attorney attached to the e-mail
message sent to [email protected] [email protected].. Both the fax number and e-mail address are two primary methods of communication for getting into contact with Stephen F. Dial at Dial & Associates, the law offices for attorney Stephen F. Dial, 505 S. Villa Real Drive Suite 205, Anaheim Hills, CA 92807 as is posted and advertised on the website at http://dialaw.com http://dialaw.com . Stephen F. Dial(hereinafter “Dial”) had to have known he was being relieved as counsel. Shortly after receiving a copy of the denial for the request for a T.R.O. from the ex parte Civil Minutes General (EOR) containing multiple inaccuracies also ignored material facts, and then looking over the details of the complaint discovering numerous legal and factual omissions and misstatements Richard Shelley had apparently promptly made a request to Dial’s secretary for a final billing assessment of the total amount in fees, charges and expenses incurred by Dial & Associates for their services. Which on March 13, 2009 Dial’s secretary Phoebe Tran did fulfill said request (see RJN Ex.# A-SFD *1), but with a somewhat lower than expected amount but plausible considering Richard Shelley had never signed a retainer fee agreement with Dial & Associates. However, it wasn’t until Dial proposed a settlement offer to Richard Shelley which would have required him to assume the liability and obligations of someone or something else’s account of indebtedness from which nothing beneficial was gained and no consideration was ever received by Richard Shelley coming from the debt of another purporting to be the unpaid principal amount of the once secured balance that was paid in full and extinguished, but completely unrelated and in no way attachable to the residential real estate property owned by and belonging to Richard Shelley. Additional terms of the settlement which Defendants and Dial were unsuccessful in their attempts to forcefully impose would have required that Richard
Shelley v. Quality – Exhibit # R-POA
Page 6
Shelley “dismiss [his] case with prejudice and sign a gene general ral rele release ase” and permit “Litton … to continue the foreclosure sale” even though said fraudulent foreclosure was stopped dead in its
tracks because the Defendants knew and know that the sale had no validity and they had no legitimate, enforceable rights against Richard Shelley or his property, require him to “submit [] requested fin finan ancia ciall inf inform ormati ation on for Litton” probably so Litton can make even more false accusations of him of owing debt belonging to other people, making clear that “Litton does not guarantee that it will approve” which is ironic because Richard Shelley did not and made no
guarantees that he would nor did ever approve the going through with the transaction nor did he consent to any of the purported terms the Defendants falsely claim to be enforceable against him, even worse is that the separate distinction is acknowledged but still Richard Shelley must be terrorized extortionately to force him to “pay off the Litton loan in full”, and even though he never received any loan and never transacted business with Litton if he did or would not obey any of the demands ordered and does not assent then “ Litton is free to foreclose on the property”. RJN Ex.# A-SFD, at *2(emphasis added). The terms were proposed by Dial on April
7, 2009 and were not found to be beneficial at all, quite the contrary they were found to be seriously detrimental, so on April 8, 2009 his power to act as attorney for Richard Shelley was duly revoked and any actions or inactions of Dial were in connivance and against the intentions and interests of Richard Shelley. After apparent insult from not consenting to the waiver of all rights and refusing to submit to the tyrannical oppression that is systematic in courts throughout these United States and very actively kept alive in constant circulation by officers of the Court both Judicial and representative alike, a like, Dial’s behavior became extreme. Stephen F. Dial shortly after receiving notice that his power of attorney had been revoked began terrorizing Richard Shelley, sending emails, calling his house nonstop, sending people to harass him at work and running that unexpectedly low bill (RJN Ex.# A-SFD *1) through the roof by charging for every harassment, unreasonably calculating charges for services performed (see RJN Ex.# Ex.# A-SFD *39), charging for services material to this case but never actually performed see Id. “Shelley v. Emerald Financial”, proceeded to perform unauthorized services after power of attorney had
been revoked and a nd charge cha rge for them too with the intention that his participation in the case would wo uld
Shelley v. Quality – Exhibit # R-POA
Page 7
do further damage, which from April 8, 2009 to June 10, 2009 amounted to somewhere around $3140.45, and then kept illegally running charges on Richard Shelley’s debit card without authorization after revocation a thousand dollars each time I know at least three times for sure that he did not include in the billing report most likely because after telling him several times to stop because Richard Shelley was no longer using his services I had to tell him I was going to call the police department and file a report to have him arrested the next time he charged that account again. The several unauthorized charges to the account are a big reason why Richard
Shelley was unable to pay the filing fee at the immediate moment in time for when it was attempted to have the unlawful detainer removed to the District Court on what Richard Shelley and I both thought at the time was the day before the scheduled hearing in the superior court, not knowing that a motion for summary judgment hearing that we weren’t served with and were not given notice of until after we showed up at the superior court for the hearing that had been vacated. Then there is also the issue of the Magistrate judge Arthur Nakazato who recused himself from this case, but then neglected to do the same in the petition for removal of the unlawful detainer action where he recommended that the District judge hearing the petition dismiss it. I Philip Shelley do declare under penalty of perjury that the foregoing is true and correct.
Digitally signed by Philip J. Shelley DN: cn=Philip J. Shelley, o, ou, email=PhilipJS@verizon. net, c=US Date: 2010.07.22 20:25:29 -07'00'
Declarant: Philip Shelley - Date included
Shelley v. Quality – Exhibit # R-POA
Page 8
Exhibit # VD-PFC
•
Case 8:99-cv-00830-AHS-AN Document 8
Filed 11/16/99 Page 1 of 5
Bar # 134153 SANDRA J . HARRIS, Cal JAMES A. HOWELL, Cal. Bar # 92721 2 NICOLAS MORGAN, Cal. Bar # 166441
3 A ttorneys f o r 4
S e c u r ~ t i e s V a l e r ~ e
P l a ~ n t ~ f f
and Exchange
C a p r o n ~
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C o m m i s s ~ o n D ~ r e c t o r
5670 Wilshire Boulevard, 11th F 5 Los Angeles, C a l ~ f o r n i a 90036Phone (323) 965-3998 6 Fax. (323) 965-3908 7
/
I
j
8 FOR
9
CENTRAL DISTRICT OF CALIFORNIA
TH
10 11 SECURITIES 12
N G U 1 ~ N
17
21 22 23
24
25 26
27
LISA NGUYEN and
Atf5 AfJ;J
ENTERE
and Exchang
S e c u r ~ t ~ e s
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;;ACv f ~ 83U
FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF
Defendants.
16
20
,
vs.
14 MICHELLE HAOVU 15
19
Case No.
EXCHANGE COMMISSION,
P l a ~ n t i f f
13
18
AND
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t
is
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is
a Judlcial
been f u l l y advised and informed o f h e r r l g h t t o
h a v ~ n g
a c t ~ o n ;
o f f a c t and conclusions of law a s
f ~ n d l n g s
t h e Federal Rules o f of
o f t h i s m a t t e r , having waived t h e e n t r y o f
d e t e r m i n a t ~ o n
t h ~ s
Mlchelle Nguyen ( Final Judgment ),
28
I Hf"lEBY CERTIFY lHAT n ls DOCUMM WAS SE
/
h a v ~ n g
FI,
C I ~ S
~ ~ ;
~
by Rule 52 o f
consented t o the e n t r y
Judgment O f Permanent I n j u n c t l o n And Other R e l i e f
F ~ n a l
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--:7' Docketed T Mid copy Ptys Mid Notice Ptys
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Case 8:99-cv-00830-AHS-AN Document 8
1
the
d e n y ~ n g
2 forth
~ n
a l l e g a t ~ o n s
the Consent Of
i n the
o m p l a ~ n t
M ~ c h e l l e
3 Of Permanent In] unction And Other
Filed 11/16/99 Page 2 of 5 except a s
Nguyen To Entry Of R e l ~ e f
11
s p e c ~ f ~ c a l l y F ~ n a l
Consent ); no
set
Judgment n o t ~ c e
of
4 hearing upon the e n t r y of thlS Flnal Judgment being necessary; and
5 t h i s Court being f u l l y advised: 6
I
IT IS ORDERED
7
ADJUDGED AND DECREED t h a t Nguyen and her agents,
8 servants, employees and a t t o r n e y s , and
9 or
l l persons
a c t ~ v e
~ n
with any o f them, who r e c e i v e a c t u a l notice o f t h l s
p a r t i c ~ p a t l o n
10
F l n a l Judgment by personal s e r v i c e o r
11
are permanently
12
i n d i r e c t l y , i n connection
r e s t r a ~ n e d
13 b y the use o f any means o r
and w ~ t h
o t h e r w ~ s e
e n j o ~ n e d
from,
and each o f them, d ~ r e c t l y
or
the purchase o r s a le o f any s ecur i t y,
~ n s t r u m e n t a l ~ t y
o f i n t e r s t a t e commerce,
14
o r o f the mails, o r o f any f c l l i t y o f any n a t i o n a l
15
exchange.
s e c u r i t ~ e s
16
A.
emploYlng any devlce, scheme, o r
17
B.
maklng any untrue statement of a material f act o r
a r t ~ f l c e
t o defraud;
t o s t a t e a material f a c t necessary I n order t o
18
o m l t t ~ n g
19
make the statements made, In the l i g h t of the
20
concert
circumstances under which they were made, not mlsleadlng; or
21 22
C.
e n g a g ~ n g
I n any a c t, p ra c tic e , o r course of business
23
whlch o p e r a t e s o r would operate as a fraud o r
24
any person;
25
In
26
[15 U.S.C.
27
§
d e c e ~ t
upon
o f Section 10(b) o f the S e c u r i t l e s Exchange Act o f 1934
v i o l a t ~ o n
§
78j b)] and Rule 10b-5 thereunder [17 C.F.R.
240.10b-5].
28
- 2 -
Case 8:99-cv-00830-AHS-AN Document 8
•
Filed 11/16/99 Page 3 of 5
2
3
II.
IT IS FURTHER ORDERED, ADJUDGED
4 dlsgorgement i n the amount o f
ND
DECREED t h a t Nguyen pay
41,662 50, plus pre-Judgment i n t e r e s t
5 c a l c ul a t e d pursuant t o 28 U.S.C.
§
Nguyen s h a l l make a n
1961.
6 payment o f the disgorgement w i t h i n t h l r t y 30) days o f e nt r y o f t h l s 7 Flnal Judgment This sum s h a l l b e p a l d by c a s h i e r ' s check, 8 c e r t i f i e d check o r p o s t a l money order made payable t o the Unlted 9 St a t e s Se c ur l t l e s and Exchange Commisslon, and s h a l l be t r a ns m l t t e d
10 t o the Comptroller, S e c u r l t l e s and Exchange Commisslon, Operatlons 11 Center, 6432 General Green Way, Stop 0-3, Alexandrla,
22312,
V
12 under cover o f a l e t t e r t h a t l d e n t i f i e s the defendant, the name and 13 case number o f t h i s l i t l g a t l o n 14
and the court.
A copy o f such cover
l e t t e r s h a l l be simultaneously transm ltted t o counsel f or the
15 Commlssion i n t h l s a c t i on a t l t S Los Angeles Office. 16 17
III
IT IS FURTHER ORDERED, ADJUDGED
ND
DECREED t h a t Nguyen l S
18 assessed, and s h a l l pay t o t h e CommlSSlon f or dellvery t o the Unlted 19 St a t e s Treasury, c l v l l p e n a l t l e s In the amount o f
41,662.50
20 pursuant t o Section 21A o f t h e Exchange Act [15 U.S.C. 21 Nguyen s h a l l pay the above penalty i n four
§
78u-1l .
4) equal l ns t a l l m e nt s ,
22 wlth accumulated l n t e r e s t c a l c ul a t e d pursuant t o 28 u.s C. § 1961, 23 beglnning Slxty
24
60) days a f t e r e nt r y o f thlS Flnal Judgment and
continuing every n i n e t y
90) days t h e r e a f t e r .
These sum s h a l l b e
25 made by c a s h i e r ' s check, c e r t i f i e d check o r pos t a l money order, 26 payable t o the United St a t e s Treasury, and s h a l l b e transm itted to 27 the Comptroller, S e c u r l t l e s and Exchange Commission, Operations
28 Center, 6432 General Green Way, Stop 0-3, Alexandrla, - 3 -
V
22312,
Case 8:99-cv-00830-AHS-AN Document 8
Filed 11/16/99 Page 4 of 5
1 under cover o f a l e t t e r whlch l d e n t l f l e s t h e defendant
the name and
2 case number o f t h i s l i t i g t l o n and the name o f t h e Court.
A copy o f
3 the cover l e t t e r s s h a l l b e slmultaneously t r an s m l t t ed t o counsel f o r 4 the CommlSSlon a t i t s Los Angeles o f f l c e . 5
6
IV
IT IS FURTHER ORDERED ADJUDGED
ND
DECREED t h a t the proVlslons
7 o f the Consent f i l e d concurrently wlth t h l s Flnal Judgment are 8 incorporated by t h i s r ef er en ce
and t h a t Nguyen s h a l l comply wlth
9 the Consent. 10 11
V.
IT IS FURTHER ORDERED ADJUDGED
ND
DECREED t h a t t h l S Court
12 s h a l l r e t a l n J u r i s d i c t l o n o v er t h i s a c t l o n f o r
l l purposes
13 lncludlng t o determine the l l b l l i t y o f any remainlng d efen d an ts l n 14 t h l s act i o n
t o lmplement and enforce the terms o f t h i s F l n a l
15 Judgment and o t h er orders and decrees which may be entered 16 g r a n t such o t h e r r e l i e f a s t h l s Court
m y
and t o
deem necessary and Ju st .
17 18
19
20 DATED. 21 22 23 24 25 26 27
28
l · UNITED STATES DISTRICT JUDGE
4
JU GMENT
Case 8:99-cv-00830-AHS-AN Document 8
CERTIFICATE OF SERVICE
1
2
Filed 11/16/99 Page 5 of 5
Marylee Burton
I
and
3 to t h i s action
am
am
the over the age o f
a c i t i z e n o f the Unlted Sta te s .
4 address i s 5670 Wilshire Boulevard
5 C al i f or ni a 90036.
On
8 years
11th Floor
not a p a r t y y business
Los Angeles
October 22, 1999, I caused t o be served the
6 following document e n t i t l e d
1) CONSENT OF MICHELLE NGUYEN TO ENTRY
7 OF FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF; 8
2) CONSENT OF
H O
v
TO ENTRY OF FINAL JUDGMENT OF PERMANENT
9 INJUNCTION AND OTHER RELIEF;
3) CONSENT OF LISA NGUYEN TO ENTRY OF 4)
10
FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF
11
JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST MICHELLE
5) FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF
2
NGUYEN;
13
AGAINST
14
OTHER RELIEF AGAINST LISA NGUYEN causlng t o be malled t r ue
5 6
17 8 9 20
2
FINAL
H O
VU; and
6) FINAL JUDGMENT OF PERMANENT INJUNCTION AND
cor r ect copies thereof l n sealed envelope
postage prepaid
and to:
Wellman
Scott W
Wellman
4 Venture Suite 325 I r vi ne CA
Warren
LLP
92618-3325
i n t h i a Schalderibrand
Freeburg Judy Nettels 440 West F i r s t S t r e e t uite 1 2
Tustin
CA
92780-3047
22 23
24 25
I declare under penalty o f perjury t h a t the foregoing and cor r ect .
s
tru e
26
Dated:
November 5
1999
27 28
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
RICHARD SHELLEY,
Plaintiff – Appellant, V. QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING, LLP,
No. 09-56133 D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana DECLARATION OF RICHARD SHELLEY, & DECLARATION OF PHILIP SHELLEY, OF:
Defendants – Appellees,
ACCOUNT TRANSACTION HISTORY
and FREMONT INVESTMENT & LOAN Defendant.
I Richard Shelley have personally reviewed the referenced below transaction histories included in the image contained within this Declaration on the following page. In the image on the following page of this Declaration are photocopies of true and accurate sections with a redacted account number from transaction histories provided by Defendant Fremont Investment & Loan and Appellee Litton Loan Servicing who are both parties to the case which is now on appeal in the above captioned case. I am the Plaintiff/Appellant and also a party to this case. In the following image the upper portion reflects the Fremont Investment & Loan account # 1000321997 which is the same account in connection with and referenced on the Deed of Trust Recorded in the Official Records of Orange County, California on 5/26/06 as instrument # 2006000359250 attached to the complaint in this case as Exhibit B. The upper
portion of the image below reveals that on 9/07/06 indicated as transaction number 19, $272,424.11 $272,42 4.11 was applied toward the principal, leaving the principal balance owing at $0.00. The account in the below portion of the image reflects an a n unknown account that was not open by me the Plaintiff/Appellant, but
Page
Shelley v. Quality - D-ATH
as provide to me by ppellee Lit on Loan Servicing. I h d only ever intended to open one a count of xtended credit which was the one
ith the original creditor Defendant remont Investment & oan.
I Richard Shelley do d clare under penalty of perjury that the foregoin is true and co corr rrect ect..
/s/Richar Shelley - 6/25/2010
Richard helley - Ex cuted on
Page
helley v. Quality Quality - D-AT
DECLARATION OF PHILIP SHELLEY
I Philip Shelley have personally reviewed the transaction histories contained in the image included on the previous page of these Declarations. The top portion of the image appears to be a transaction history printout from Fremont Investment & Loan of loan account number 1000321997, which appears to be the very same account relevant to and referenced in the Deed of Trust dated 5/15/06 and Recorded in the Official Records of Orange County, California on 5/26/06 as instrument # 2006000359250. The transaction history for account number 1000321997 shows transaction number 19 on 9/07/06 a payment in the amount of $272,424.11 was applied paying off the account in full leaving no balance remaining. The bottom portion appears to be the transaction history printout apparently from Litton Loan Servicing of an account with almost similar characteristics of the aforementioned account (such as a total principal amount close to but not the same amount on the bottom of the printout), but a wholly separate account that is not identified anywhere nor referred to in the aforementioned recorded instrument. I Philip Shelley do declare under penalty of perjury that to the best of my knowledge the foregoing is true and correct.
Digitally signed by Philip J. Shelley DN: cn=Philip J. Shelley, o, ou, [email protected], c=US Reason: I attest to the accuracy and integrity of this document
Date: 2010.06.25 10:22:40 -07'00'
Declarant: Philip Shelley - Date
Page
Shelley v. Quality - D-ATH
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
RICHARD SHELLEY, Plaintiff – Appellant, V. QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING LLP
No. 09-56133 D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana DECLARATION OF RICHARD SHELLEY AS TO THE CREDIT
Defendants – Appellees, and
TRANSACTION AND CIRCUMSTANCES
FREMONT INVESTMENT & LOAN
SURROUNDING AND IN CONNECTION WITH IT
Defendant.
I Richard Shelley do declare as follows. Within a month’s time preceding the rescinded transaction in question in this case, I had received solicitation by phone from Jeff Merrick, the previous creditor’s representative responsible for providing the credit terms in the paying off of all my debts at the time of the prior agreement (see RJN Ex.#1-AF). Mr. Merrick had indicated that he was a working with a new company at the time that could provide credit refinancing for me on more reasonably favorable terms. Mr. Merrick had also informed me of an upcoming rate adjustment at that time, a feature that I was not entirely informed about during the previous transaction and was unaware of. The day that I met with the agent of the lender’s which was on or about May 16, 2006 I remember I was already running late because I didn’t get off of work as early as I had hoped. So I had to drive straight from where I work for the U.S. Postal Service at
15030 Goldenwest Cir., Westminster, California 92683 to the agent’s office at 3662 Katella Ave., Ste. 201, Los Alamitos, California 90720 where the meeting took place. When I got there I
Shelley v. Quality - D-CT
Page 1
was greeted by a Vera Martin, who quickly began giving short descriptions of documents she was presenting to me to for my signature. Ms. Martin seemed to be in a rush apparently because I was running late and it may have been closing hours for that office. Although I may have signed some documents and received a very large bundle of copies of several different junk like advertising documents to review others which only to inform me that I had a right to receive a certain disclosure and may only obtain them by written request from Fremont Investment & Loan. While I don’t particularly know of the time which I received each and every document of all of them I do know some other than the very large bundle provided to me at the time of the transaction. Some of the ones that I know were sent in another large bundle at a later date by Fremont Investment & Loan (see RJN Ex.# MC *1) were RJN Ex.#s 2-A1 (because it was one I was charged for and specifically requested); and 2-FWR (because I remember wondering what it was). Then there were other sets of disclosures later provided by Litton Loan Servicing (see RJN Ex.# MC *4-5, *9-10), the only one I can recall receiving from one of those times was RJN Ex.# 2-A. Among the others that I’m not sure of whether I was provided with copies of for my review at the time of the transaction as Ms. Martin had rushed me or provided to me later by Fremont or Litton were ones such as RJN Ex.#s Ex .#s 2-URE *2-3; 2-MUA; 2-DTN as well as others. In RJN Ex.# 2-DTO, at *1 there is some reference to a Note purportedly signed by me on May 15, 2006 prior to the transaction with Ms. Martin which is absolutely false, because I only ever met with one of the lender’s agents the one time. I don’t recall ever being told that any of the documents I was signing was such a Promissory Note which I reasonably would have remembered being asked to sign such a Note by Ms. Martin but don’t believe was at that time. The single page included in
the exhibits attached to the complaint (Compl. Exhibit A, at *1) was received in response to a debt dispute notification from one of either Appellees, Litton Loan Servicing LLP (debt dispute I
Shelley v. Quality - D-CT
Page 2
cannot currently find but for Litton’s responses see RJN Ex.# MC *4-5, *9-10) which sent back ba ck a copy of a page I had included in the dispute letter evidencing that the MIN was no longer active on the MERS tracking system (see RJN Ex.# 2-MC *11) which somehow Litton was able to reactivate and still remains active today (see RJN Ex.# 3-MIN) or Quality Loan Service Corp. (RJN Ex.# 2-MC *3-5) who was neither the appointed Trustee named in the Deed of Trust (see RJN Ex.# 2-DTO, at *2 ¶ (H)) nor ever substituted properly as such (see RJN Ex.# 2-DTO, at *13 ¶ 24). As such the account they falsely attempt to attribute to me in place of the actual secured account # 1000321997 in the Deed of Trust (see RJN Ex.# 2-DTO, at *1) principal balance of which had already been paid in full (see RJN Ex.# D-ATH) had been disputed with both parties. So the authenticity and accuracy is questionable and reasonably subject to dispute, the copy provided was solely for the purposes having the originals ordered up to be cancelled, I do not consent to nor can I attest as to its authenticity nor can I or do I to any of the exhibits in any of Litton’s Request for Judicial Notices but do contest their valid authenticity. This alleged Note was received rec eived sometime after Fremont Investment & Loan had allegedly sent me a “notice of assignment, sale, or transfer of servicing rights” RJN Ex.# Ex.# 2-MC, at *2(uppercase lowered). This unsigned notice alleged that the only obligatory account I had with them, the principal balance of which had already been paid in full (see RJN Ex.# D-ATH) was to be assigned, sold or transferred to Litton Loan Servicing but says nothing of the Note purportedly signed on May 15, 2006 or any Note for that matter and there was never any recording evidencing any such assignment to Litton in the Official Records of Orange County, California which only raises more questions. I’ve enclosed some of the original copies of the instrument or documents that
were provided to me in the large bundle for my review (see RJN Ex.#s 2-GD; and 2-DTO), but at the meeting with Ms. Martin I was never shown any such attachments that were apart of those
Shelley v. Quality - D-CT
Page 3
instruments, I was only quickly shown what Ms. Martin said she needed me to sign. The copies provided to me contained no such “Exhibit A” attached to either of the instruments which was apparently added and referenced to in unauthorized amendments to the instruments without my consent or authorization for any such modification. Either that or I was given different, possibly incomplete copies, but judging from the handwritten additions that were not of my own doing the former is most likely the case (see RJN Ex.#s 2-GDA and 2-DTPA both w/highlighted markups). And if that is the case then the changes to the ones that were recorded were most certainly done some time after the meeting between Ms. Martin and I, because I don’t remember seeing Ms. Martin making any changes, corrections, additions, fix-ups or anything of the sort to the instruments or documents in my presence and she had not ever requested my informed consent nor indicated that there was unfinished paperwork that was not completed during our meeting and it was necessary that I come back to the office in order to finish it. Such remains to be unexplained along with several other issues. Included with a HUD settlement statement (RJN Ex.# 2-AH) Ms. Martin had mailed me following our meeting was a notice from her requesting I sign and return (neither of which I did) the instruments that she included with the letter (see RJN Ex.# 2-AE), which were backdated, contained several inaccurate statements of facts, factual misrepresentations and asking that I consent to willingly allow them and/or their business associates to make any misrepresentations they want to me, do whatever they like with any money and instruments received in escrow, commit forgery, provide consent for me to purchase my own house with the incorrect address and legal description as the buyer and indemnify and release them and all parties thereto from any liability in law or equity (see RJN Ex.# 2-AE, at *4,
¶¶ 11-13). And even though I did not sign and return the escrow instructions it appears they the y may have done all the things mentioned above anyway, making the terms of the obligation
Page 4
Shelley v. Quality - D-CT
surrounding the transaction even more unconscionable as well as it was a contract of adhesion as I had never been given an opportunity to negotiate the terms, I had only met with the lender’s agent once where there was no meeting of the minds or negotiating, there was just ‘here, hurry up sign these and leave’, and none of the instruments which I purportedly executed and acknowledged having executed were ever executed by the lender Fremont Investment & Loan thereby also making the contract unilateral and revocable/rescindable unilaterally in the same as such with my election which I did and have chosen to timely exercise that right which did rescind the transaction in its entirety. Therefore an escrow could not have been completed without me having given my authorization and consent to the terms, anything that was transmitted into escrow by me which was also apparently altered without my authorized consent that may have been released or disbursed from escrow was also done without my authorized consent and any instruments created in connection with the transaction became null and void initio as
ab
such from having rescinded the transaction, any obligation I may have had arising from
the rescission was discharged by the Defendants’ acquiescence and any beneficial right, equitable entitlement and/or other such claims was forfeited by their failure to ever assert it at all let alone timely. I Richard Shelley do declare under penalty of perjury to the best of my knowledge that the foregoing is true and correct.
/s/Richard Shelley 7/24/2010 Richard Shelley Executed on
Shelley v. Quality - D-CT
Page 5
9th Circuit Case Number(s) 09-56133 ). NOTE: To secure your input, you should print the filled-in form to PDF (File > Print > PDF Printer/Creator Printer/Creator ).
**************************** ************** **************************** ***************************** ***************************** ************************ **********
CERTIFICATE OF SERVICE When All Case Participants are Registered for the Appellate CM/ECF System I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on (date) . I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system.
Signature (use "s/" format) ***************************** ************** ***************************** **************************** ***************************** ************************ *********
CERTIFICATE OF SERVICE When Not All Case Participants are Registered for the Appellate CM/ECF System I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on (date) . Jul 30, 2010 Participants in the case who are registered CM/ECF users will be served by the appellate CM/ECF system. I further certify that some some of the participants in the case are not registered CM/ECF CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within 3 calendar days to the following non-CM/ECF participants: David C. Scott, Esq MCCARTHY & HOLTHUS, LLP
