Proof of Service: MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay)

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Quality Loan Service Corporation ELECTRONICALLY

Daniel J. Goulding, Esq. (SBN: 120561) FILED
Julie O. Molteni, Esq. (SBN: 265133) ‘Superior Court of California,
Corporate Counsel County of San Francisco
411 Ivy Street 11/30/2015
San Diego, CA 92101 Cierkiot ine |Court
Telephone: (619) 645-7711 x 2019 Deputy Clerk

Facsimile: (619) 568-3518

Corporate Counsel for
Quality Loan Service Corporation erroneously sued as Quality Loan Services

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Case No. CGC-15-546377

DECLARATION OF BOUNLET
LOUVAN IN SUPPORT OF QUALITY’S
DECLARATION OF NONMONETARY
STATUS

MARTIN ENG,

Plaintiff,
v.
JP MORGAN CHASE BANK, N.A.;
QUALITY LOAN SERVICES; LENDER

PROCESSING SERVICES, INC.; DOES 1-
1000 inclusive,

Defendants.

I, Bounlet Louvan, declare as follows:

1. Iam the Foreclosure Legal Liaison and Former Trustee Sale Officer for Defendant
Quality Loan Service Corp. (“Quality”). I make the following Declaration in support of its
Nonmonetary Status.

2. If called to testify as a witness thereon, J could and would competently testify as to
all the facts stated in this Declaration.

3. ‘This Declaration is made pursuant to California Civil Code § 29241.

4, Quality is a Trustee under a Deed of Trust dated 6/28/2005. Said Deed of Trust is
a secured lien on real property commonly known as 939 Lombard St, San Francisco, CA
94133, and was filed for record on 7/22/2005 in the San Francisco County Recorder’s Office as

Instrument Number 2005-H996159-00.

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DECLARATION OF BOUNLET LOUVAN IN SUPPORT OF QUALITY’S NONMONETARY STATUS

CA-15-692726-DNM

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5. On June 16, 2015, Plaintiff filed a Complaint in the San Francisco Superior Court,
(“Complaint”). The Complaint arises out of a loan involving the borrower and the lender.
Quality is simply the foreclosure trustee (“Trustee”), with the power to foreclose on the property
that arises from the Deed of Trust securing the loan.

6. It is my reasonable belief that Quality has been named in this action solely in its
capacity as Trustec, and not arising out of any wrongful acts or omissions on its part in the
performance of its duties as Trustee. The basis for my reasonable knowledge or belief set forth
above is that Quality has not been involved in any way with the property which is the subject of
this lawsuit outside of its capacity as Trustee, and has no interest in the property, except to be
named as the Trustee under the deed of trust encumbering the property by way of Substitution of
Trustee. The trustee’s conduct, including the recording of the substitution of trustee and
foreclosure notices, is privileged pursuant to Civil Code §§47 and 2924(d).

7. I am not aware of any evidence produced to date by Plaintiff or the remaining
Defendants, or of any facts, documents, or testimony tending to suggest that Quality engaged in
any misconduct in connection with the performance of its duties as Trustee. Pursuant to Civil
Code §2924(b) the foreclosure trustee incurs no liability for reliance in good faith on information
provided in good faith by the beneficiary regarding the nature and amount of the default under the
secured obligation. 7 :

8. The Complaint makes no allegations that Quality failed to perform any of its duties
as a Trustee, and a review of Quality’s file confirms that Quality complied with the applicable
foreclosure statutes. None of the remaining Defendants filed a Cross-Complaint against Quality
alleging any defect in the performance of its duties as trustee, either under the Deed of Trust, or
the applicable statutes set forth in Civil Code §2924, et seq.

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DECLARATION OF BOUNLET LOUVAN IN SUPPORT OF QUALITY’S NONMONETARY STATUS

CA-15-692726-DNM.

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9. Quality agrees to be bound by whatever order or judgment is issued by this Court
regarding the Trustee, provided such order or judgment is nonmonetary relief only.
I declare under penalty of perjury under the laws of the State of California, that the

foregoing its true and correct. Executed on November 6, 2015 at San Diego, California.

‘oreclosure Kegal Liaison for Defendant,
Quality Loan Service Corporation

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DECLARATION OF BOUNLET LOUVAN IN SUPPORT OF QUALITY’S NONMONETARY STATUS
CA-15-692726-DNM

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