In the Superior Court of California s1

1 IN THE SUPERIOR COURT OF [PROPERTY STATE]2 IN AND FOR [PROPERTY COUNTY] COUNTY, STATE OF [PROPERTY STATE]345 [Plantiff] CASE NO.: 6 [Plaintiff Street Address]7 [Plantiff City, State, Zip] COMPLAINT TO SUIT TO QUIET TITLE8 Plaintiff,9 v. VERIFIED COMPLAINT10 [Lender/Servicer]11 [Trustee]12 and Does 1 through 5013 Defendant.1415 COMPLAINT TO SUIT TO QUIET TITLE1617 Loan Number: [Loan Number]18 Instrument Number: [Instrument Number]19 Property Address: [Property Address]20 Legal Description:21 [LEGAL DISSCRIPTION]22 JURISDICTION AND VENUE23 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 Federal2 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 PARTIES20 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 of24 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 ACTIONAction 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 provide6 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 Lender21 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 Lender25 27. The Lender as defined on [Page Number] of the Deed of Trust is [Lender on Deed]. (see26 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 (FAS140). 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 22610 (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 owner18 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 the26 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 RELIEF4 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.141516 ______17 [Plaintiff], Plaintiff 1819202122232425262728 1 IN THE SUPERIOR COURT OF CALIFORNIA2 IN AND FOR [PROPERTY COUNTY] COUNTY, STATE OF CALIFORNIA3 [Plaintiff] CASE NO.: 4 Plaintiff,5 v. Verification Of Complaint6 [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 ) 2122 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)2728 My Commission expires: ______1 Exhibit A – Note and Deed of Trust2345678910111213141516171819202122232425262728 1 Exhibit B –2 Litigation Discovery Notice: Verification of Debt and Proof of Claim Requested3 NOTICE OF INTENT TO LITIGATE and NOTICE TO CEASE AND DESIST ALL ACTIVITIES 4 RELATING TO THE ONGOING FORECLOSURE5678910111213141516171819202122232425262728

In the Superior Court of California s1

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