1 IN THE SUPERIOR COURT OF [PROPERTY STATE]
2 IN AND FOR [PROPERTY COUNTY] COUNTY, STATE OF [PROPERTY STATE]
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5 [Plantiff] CASE NO.:
6 [Plaintiff Street Address]
7 [Plantiff City, State, Zip] COMPLAINT TO SUIT TO QUIET TITLE
8 Plaintiff,
9 v. VERIFIED COMPLAINT
10 [Lender/Servicer]
11 [Trustee]
12 and Does 1 through 50
13 Defendant.
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15 COMPLAINT TO SUIT TO QUIET TITLE
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17 Loan Number: [Loan Number]
18 Instrument Number: [Instrument Number]
19 Property Address: [Property Address]
20 Legal Description:
21 [LEGAL DISSCRIPTION]
22 JURISDICTION AND VENUE
23 1. Property is in [Property County] County and therefore falls under this Honorable Court’s
24 jurisdiction.
25 2. Real Estate is governed by State Law and therefore this Court has priority Jurisdiction.
26 3. The Plaintiff lives in [PROPERTY COUNTY] County and the Defendant has done
27 extensive business in [PROPERTY COUNTY] County.
28 JUDICIAL NOTICE 1 4. Plaintiff moves this Honorable Court to take Mandatory Judicial Notice under the Federal
2 Rules of Civil Procedure Rule 201 (d) of the following:
3 5. The United States Supreme Court, in Haines v Kerner 404 U.S. 519 (1972), said
4 that, all litigants defending themselves must be afforded the opportunity to present their
5 evidence and that the Court should look to the substance of the complaint rather than
6 the form.
7 6. In Platsky v CIA, 953 F.2d 26 (2nd Cir. 1991), the Circuit Court of Appeals allowed
8 that, the District Court should have explained to the litigant proceeding without a
9 lawyer, the correct form to the plaintiff so that he could have amended his pleadings
10 accordingly. Plaintiff respectfully reserves the right to amend this complaint.
11 7. Under the Federal Rules of Evidence 1002 and 1003 governing the admissibility of
12 duplicates, any photocopies brought in as evidence are considered to be forgeries. It is
13 unfair to admit a photocopy in the place of an original as there are information contained
14 within the original that is not in a photocopy, specifically the only legally binding chain of
15 title to the promissory note.
16 8. Under Uniform Commercial Code - ARTICLE 3 -§3-308, all signatures presented that is
17 not on an original format (with the original wet ink signature) is hereby denied and is
18 inadmissible.
19 PARTIES
20 9. The Plaintiff is [Plaintiff] who is the legal title owner of the real estate property located in
21 this county.
22 10. The Defendant is [Lender/Servicer] who is the current servicer of the promissory note.
23 11. The Defendant is [Lender/Servicer] wishing to lay claim on the property as a real party of
24 interest.
25 12. The Defendant is [TRUSTEE] who is a debt collector, attempting to collect a debt.
26 13. The Defendant is [TRUSTEE] wishing to lay claim on the property as a real party of
27 interest.
28 CAUSE OF ACTION
Action to resolve disputed interests in real property. 1 14. The Title is clouded.
2 15. The Plaintiff believes and contends that there are significant controversy and clouding of
3 the title to the property and Deed of Trust.
4 16. Plaintiff motions this court to enter a judgment for a Quiet Title Action.
5 17. The Plaintiff motions the court to order all parties with legal claim to stipulate and provide
6 proof of claim against the above Deed of Trust, else release their claim.
7 18. The “Lender” as defined on [Page Number] on the Deed of Trust is the [Lender on Deed]
8 (see Exhibit A).
9 19. There is no evidence of transfer of ownership from the Lender to the Defendant.
10 20. Therefore, the Plaintiff contends that the Defendant is not a real and beneficial party of
11 interest.
12 21. The Plaintiff contends that the promissory note which the above Deed of Trust secures
13 has been securitized.
14 22. Under United States Supreme Court decision of Carpenter v. Longan, 83 U.S. 16 Wall.
15 271 271 (1872), the Deed of Trust follows the Promissory note. Where the promissory
16 note goes, the Deed of Trust must follow.
17 23. The Plaintiff contends that the Defendant, [Lender/Servicer] is the servicer and is not a
18 real party of interest. (See Exhibit B).
19 24. Under U.S.Code Title 12: Banks and Banking PART 226—TRUTH IN LENDING
20 (REGULATION Z), a servicer does not have the rights of a Lender
21 25. The Plaintiff contends that the Defendant, [TRUSTEE] is a debt collector, attempting to
22 collect a debt, and is not a real party of interest. (See Exhibit B).
23 26. Under U.S.Code Title 12: Banks and Banking PART 226—TRUTH IN LENDING
24 (REGULATION Z), a debt collector does not have the rights of a Lender
25 27. The Lender as defined on [Page Number] of the Deed of Trust is [Lender on Deed]. (see
26 Exhibit A)
27 28. The Plaintiff contends that [Lender on Deed] may have fully sold their interest in the
28 promissory note in full as governed under Financial Accounting Standard Rule 140 (FAS
140). 1 29. Under FAS 140, the seller of an asset must sell the asset to a third party as an arms
2 length transaction.
3 30. Once an asset has been sold, the seller forever loses control of the asset.
4 31. Furthermore, under FAS 140, the seller may not repurchase the asset for the purposes
5 of “reattachment”.
6 32. The seller may only repurchase the asset in an open market transaction as an
7 unsecured note.
8 33. A servicer of a promissory note does not have the rights of a holder in due course.
9 34. A servicer is not a real and beneficial party of interest under U.S. Code Title 12: Part 226
10 (a) 1 - Truth in Lending (Regulation Z).
11 35. The Plaintiff contends that the Defendant(s) lacks Standing to enforce the negotiable
12 instrument. The Defendant(s) are not the real party of interest. (see Exhibit C)
13 36. Under Federal Rules of Civil Procedure 17, an action must be taken in the name of a
14 real party of interest.
15 37. Since the Defendant(s) is not a real and beneficial party of interest, the Defendant(s)
16 cannot be a party to this controversy.
17 38. Under IRS rules governing ownership interest of an asset, tax must be paid by the owner
18 of the promissory note for all interest/income/profits earned.
19 39. The Plaintiff contends that the promissory note was securitized into a REMIC (Real
20 Estate Mortgage Investment Conduit), which is a SPV (Special Purpose Vehicle) for the
21 purposes of tax exemption and direct pass through, in which only the individual
22 shareholders pay the tax for any profits earned.
23 40. Therefore, the Plaintiff contends that the real and beneficial interest holders of the
24 promissory note are the individual shareholders of the REMIC.
25 41. Since no one party represents a real party of interest, then no one party may enforce the
26 promissory note.
27 42. Under State Civil Code, a foreclosure must be done by a party entitled to enforce the
28 promissory note.
43. The party must show evidence of the debt and standing. 1 44. There is no evidence that the Defendant has standing in this matter.
2 45. If the Defendant contends they have reacquired the promissory note for the purposes of
3 foreclosure, then the Defendant is bringing fraud before the court per U.S. Code Title 12:
4 Part 226 (a) 1.
5 46. A loan, once securitized is permanently converted into a stock. It is registered in the
6 SEC database as a permanent fixture to the REMIC.
7 47. In the event of a default, the REMIC (and therefore the individual shareholders) write off
8 the debt and receives tax credit for the write off.
9 48. Therefore, the debt is discharged. The Plaintiff contends that the debt has been
10 discharged in full.
11 49. Since the language of the Deed of Trust in says “This Deed of Trust Secures a
12 Promissory Note”, and since the promissory note is not enforceable by any ONE
13 PARTY, then the Deed of Trust is therefore invalid. (see Exhibit A)
14 50. Further, since the debt has been discharged, then the Deed of Trust is doubly invalid.
15 51. As the owner and grantor of real property, the Plaintiff has a duty and right to defend the
16 title to his property.
17 52. Since there are significant controversy over who is the real parties of interest are in the
18 Deed of Trust, the Plaintiff hereby Moves this Court to enter an Order compelling all
19 parties who can lay lawful claim on the Deed of Trust to do so by presentment of valid
20 enforceable proof of claim.
21 53. If no one party can come forth to claim perfected security interest in the Deed of Trust,
22 then the Plaintiff Moves this court to Declare the Deed of Trust to be null and void.
23 54. The Plaintiff contends there has been an Invalid Assignment of the Deed of Trust.
24 55. On [Page Number] on the enclosed Deed of Trust (see Exhibit A), under “Substitute
25 Trustee”, the language clearly states that the Lender may, for any reason or cause, from
26 time to time, remove Trustee and appoint a successor Trustee to any Trustee appoint
27 hereunder.
28 56. The Lender as defined on [Page Number] of the Deed of Trust is [Lender on Deed]. 1 57. This paragraph does not state that successors, assigns, or nominees, which includes,
2 MERS (Mortgage Electronic Registration System) may appoint a Successor Trustee.
3 PRAYER FOR RELIEF
4 58. WHEREFORE, Plaintiff respectfully moves this Honorable Court to enter a judgment
5 ordering the following remedies:
6 59. Declare the Deed of Trust to be null and void.
7 60. Declare the promissory note to be declared fully discharged.
8 61. For a declaration and determination that Plaintiff__ is___ the rightful holder of title to the
9 property and that Defendant___ herein, and each of them, be declared to have no
10 estate, right, title or interest in said property.
11 62. For a judgment forever enjoining said defendants, and each of them, from claiming any
12 estate, right, title or interest in the subject property.
13 63. Granting any such other relief as is necessary and appropriate.
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16 ______17 [Plaintiff], Plaintiff 18
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28 1 IN THE SUPERIOR COURT OF CALIFORNIA
2 IN AND FOR [PROPERTY COUNTY] COUNTY, STATE OF CALIFORNIA
3 [Plaintiff] CASE NO.:
4 Plaintiff,
5 v. Verification Of Complaint
6 [Lender/Servicer]
7 [Trustee]
8 Defendant.
9 VERIFICATION OF COMPLAINT 10 The undersigned Affiant, [Plaintiff] Trustor and alleged Borrower, hereinafter, “Affiant”, does 11 solemnly swear, declare under penalty of perjury and state as follows:
12 1. All the facts herein are true, correct of my own personal knowledge. FURTHER THE AFFIANT SAYETH NOT 13 IN WITNESS WHEREOF I hereunto set my hand and seal on this ______day of 14 ______, ______and hereby certify all the statements made above are 15 true, correct and complete.
16 Date: ______Signed: ______17 [Plaintiff], Affiant 18 JURAT 19 State of California ) 20 ) ss: County of Lake ) 21
22 Subscribed and sworn to (or affirmed) before me on this ______day of 23 ______, ______, by ______, proved to me on 24 the basis of satisfactory evidence to be the person who appeared before me.
25 ______
26 Notary (seal)
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28 My Commission expires: ______1 Exhibit A – Note and Deed of Trust
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28 1 Exhibit B –
2 Litigation Discovery Notice: Verification of Debt and Proof of Claim Requested
3 NOTICE OF INTENT TO LITIGATE and NOTICE TO CEASE AND DESIST ALL ACTIVITIES
4 RELATING TO THE ONGOING FORECLOSURE
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