On March 04, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
2Nd Chance Mortgages Inc,
Colchado, Gabriela,
and
All Unknown Occupants,
Garcia, Salvador C,
for Residential Unlawful Detainer $10,000 or Less Limited
in the District Court of San Bernardino County.
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Dafendam name
Street Address:
0’
r
“my: 4mm D=r# 23
F
S%%Em$¢ segiaazéckam
l L E
FONTANA D!V!S!ON
JUL
D
1 3 2021
FORNIA
and
City Zip:
———————GethH—CA-92324 ’
BY
'_
fl“,1 Va pM);
A&éEuNA PRIETO, DEPUTY
SUPERIOR COURT OF CALIFORNIA COUNTY OF: SAN BERNARD'NO
2nd Chance Mortgages Inc LLTVA2100448
10 ) Case No;
Plaintiff, )
matio—nfo—rstay
ll )
Title; of Execution; Declaration
VS"
tin Support Thereof; Points
g
12 Salvador C Garcia
)
Date; 07/1 4/2021 and Authorities
)
l3 [Defendant's name], ‘
Defendant Tlmei 9:00 am
g
14
)
Dept: E_8
15
16
Defendant. Salvador C Garcia, hereby move(s) the Court for an ex pane order to stay of
l7
he judgement rendered herein until Bankruptcy Discharge Date on a recently filed Bankruptcy
ll
18 etition with the Bankruptcy Court Central District of California in order to avoid extreme
wardship upon the defendant.
,19
The motion based upon the supporting Declaration, the attached Points and
is
20 authorities, attached exhibits A and B, and upon all the papers and records on file herein.
21
22
23
25
26
27
/
/<;
‘
.r
?“/?r‘20‘2/ /"”7
Z6; k“
Dated Signature
DECLARATION IN SUPPORT OF MOTION
l Salvador C Garcia, declare:
am the defendant in the above-referenced matter, and this declaration
I
is in
support of my application for a stay of execution
of the judgment entered on April 29. 2021
in the matter here.
l am the homeowner
of the real estate property on eviction procee
dings for which
I owe on a first mortgage loan secured by such residential
full liability
'
property. Such loan
with primary Mortgage is current and is due
for payment this July 2021 and
every month
as shown on attached Exhibit A and Exhibit B.
have lived at the subject premises for 16 years. The followi
l
ng peopIe reside
with me: My two minor children,
my wife, two tenants renting one room each.
10 My present source of income is employment and totals $2,900 average
a month.
have not had an opportunity to secure alternative housin
I
g as of this date.
11 Ido not have friends or reiatives in the area with whom
can I stay while I continue my
search for alternate housing.
12
The
writ of restitution was posted
by the Sheriff on or about July 02, 2021.
l3 Since have not found other housing as yet and do not have
I
friends or relatives with
whom can reside, lwill have no place to go ifl am evicted on
l
14 July 14, 2021. must l
have time to relocate and make arrangements to move
my personal property.
15 In addition,as l am legally liable for a primary mortgage loan secured by my current
property, l am not a tenant but a homeowner of my residentia! property described
l6 as 1097
Santo Antonio Dr # 23, Colton, CA 92324
For such, a legal error has occurred in part of
’
1'7
Plaintiff by claiming ownership under a disputed secondary lien which if
‘
ever verified its
existence, will have junior status
a senior primary mortgage loan. to
18 have filed for a Bankruptcy petition with the Bankruptcy
l
Court Central District of
California on July 09, 2021 and given a case
19 number.
have Appealed the Default Judgment and is in process
l
I
with the Appeals Division
2O Rancho Cucamonga Superior Court.
I have obtained a case number for investigation on a Real Estate Fraud Complaint
21
with the San Bernardino District Attorney regarding my property invalid name’s
title
22 change caused by June 2021.
Plaintiff in
In order to avoid irreparable harm to me, to allow additional time to relocate,
23 and to
establish the final legal ownership of
my current residence, l request that the judgment entered
24 in this case on
April 29, 2021 be stayed until the date of
theBankruptcy petition discharge date
by the Bankruptcy Court.
25 Because do not have the resources to find immediate tempor
I
ary housing and it would
work a severe hardship to be evicted because have two
26 minor children younger than 12 years
l
of age, a wife that is ill, no other place to live. and
need time to follow the legal process of the
27 Appeals and Bankruptcy court proceedings am pleadi
ng the Court to approve this Motion for
I
Stay of Execution.
28
Ex Parte Motion for Stay of Execution
Document Filed Date
July 13, 2021
Case Filing Date
March 04, 2021
Category
Residential Unlawful Detainer $10,000 or Less Limited
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Dafendam name Street Address: 0’ r “my: 4mm D=r# 23 F S%%Em$¢ segiaazéckam l L E FONTANA D!V!S!ON JUL D 1 3 2021 FORNIA and City Zip: ———————GethH—CA-92324 ’ BY '_ fl“,1 Va pM); A&éEuNA PRIETO, DEPUTY SUPERIOR COURT OF CALIFORNIA COUNTY OF: SAN BERNARD'NO 2nd Chance Mortgages Inc LLTVA2100448 10 ) Case No; Plaintiff, ) matio—nfo—rstay ll ) Title; of Execution; Declaration VS" tin Support Thereof; Points g 12 Salvador C Garcia ) Date; 07/1 4/2021 and Authorities ) l3 [Defendant's name], ‘ Defendant Tlmei 9:00 am g 14 ) Dept: E_8 15 16 Defendant. Salvador C Garcia, hereby move(s) the Court for an ex pane order to stay of l7 he judgement rendered herein until Bankruptcy Discharge Date on a recently filed Bankruptcy ll 18 etition with the Bankruptcy Court Central District of California in order to avoid extreme wardship upon the defendant. ,19 The motion based upon the supporting Declaration, the attached Points and is 20 authorities, attached exhibits A and B, and upon all the papers and records on file herein. 21 22 23 25 26 27 / /<; ‘ .r ?“/?r‘20‘2/ /"”7 Z6; k“ Dated Signature DECLARATION IN SUPPORT OF MOTION l Salvador C Garcia, declare: am the defendant in the above-referenced matter, and this declaration I is in support of my application for a stay of execution of the judgment entered on April 29. 2021 in the matter here. l am the homeowner of the real estate property on eviction procee dings for which I owe on a first mortgage loan secured by such residential full liability ' property. Such loan with primary Mortgage is current and is due for payment this July 2021 and every month as shown on attached Exhibit A and Exhibit B. have lived at the subject premises for 16 years. The followi l ng peopIe reside with me: My two minor children, my wife, two tenants renting one room each. 10 My present source of income is employment and totals $2,900 average a month. have not had an opportunity to secure alternative housin I g as of this date. 11 Ido not have friends or reiatives in the area with whom can I stay while I continue my search for alternate housing. 12 The writ of restitution was posted by the Sheriff on or about July 02, 2021. l3 Since have not found other housing as yet and do not have I friends or relatives with whom can reside, lwill have no place to go ifl am evicted on l 14 July 14, 2021. must l have time to relocate and make arrangements to move my personal property. 15 In addition,as l am legally liable for a primary mortgage loan secured by my current property, l am not a tenant but a homeowner of my residentia! property described l6 as 1097 Santo Antonio Dr # 23, Colton, CA 92324 For such, a legal error has occurred in part of ’ 1'7 Plaintiff by claiming ownership under a disputed secondary lien which if ‘ ever verified its existence, will have junior status a senior primary mortgage loan. to 18 have filed for a Bankruptcy petition with the Bankruptcy l Court Central District of California on July 09, 2021 and given a case 19 number. have Appealed the Default Judgment and is in process l I with the Appeals Division 2O Rancho Cucamonga Superior Court. I have obtained a case number for investigation on a Real Estate Fraud Complaint 21 with the San Bernardino District Attorney regarding my property invalid name’s title 22 change caused by June 2021. Plaintiff in In order to avoid irreparable harm to me, to allow additional time to relocate, 23 and to establish the final legal ownership of my current residence, l request that the judgment entered 24 in this case on April 29, 2021 be stayed until the date of theBankruptcy petition discharge date by the Bankruptcy Court. 25 Because do not have the resources to find immediate tempor I ary housing and it would work a severe hardship to be evicted because have two 26 minor children younger than 12 years l of age, a wife that is ill, no other place to live. and need time to follow the legal process of the 27 Appeals and Bankruptcy court proceedings am pleadi ng the Court to approve this Motion for I Stay of Execution. 28 Ex Parte Motion for Stay of Execution