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1 WILLIAM G. MALCOLM #129271
NICOLAS MATAYRON #304097
2 MALCOLM CISNEROS, A Law Corporation
2112 Business Center Drive, Second Floor
3 Irvine, California 92612
Phone: (949) 252-9400
4 Fax: (949) 252-1032
Email: nmatayron@mclaw.org
5
Attorney for Plaintiff
6 PENNYMAC LOAN SERVICES, LLC
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES
10
11 PENNYMAC LOAN SERVICES, LLC, CASE NO.:
12 COMPLAINT FOR:
Plaintiff,
13 (1) DECLARATORY RELIEF AND
v. (2) REFORMATION OF INSTRUMENT
14
CHRISTIAN HERNANDEZ, an individual;
15 NADIA PUBILL, an individual; COUNTY
OF LOS ANGELES, a governmental entity;
16 MIDLAND FUNDING, LLC, a Delaware
limited liability company; and DOES
17 1 through 10, inclusive,
18
Defendants.
19
20
21 Plaintiff PENNYMAC LOAN SERVICES, LLC alleges as follows:
22 GENERAL ALLEGATIONS
23 1. Plaintiff PENNYMAC LOAN SERVICES, LLC (hereinafter “Plaintiff”) is a
24 limited liability company authorized to do business in the State of California, County of Los Angeles
25 and holds a security interest in the real property that is the subject of this action.
26 2. The real property that is subject of this action is commonly known as 206 and 208
27 East 79TH Street, Los Angeles, CA 90003 (the “Property”), assigned assessor’s parcel number
28 (“APN”) 6030-002-014 and legally described as follows:
1
COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT
1 LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
2 BOOK 21, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
3
4 3. Plaintiff is informed and believes and thereon alleges that CHRISTIAN
5 HERNANDEZ (“Defendant Hernandez”), is an individual, who claims or may claim an interest in
6 the Property.
7 4. Plaintiff is informed and believes and thereon alleges that NADIA PUBILL
8 (“Defendant Pubill”), is an individual, who claims or may claim an interest in the Property.
9 5. Plaintiff is informed and believes and thereon alleges that COUNTY OF LOS
10 ANGELES (“Defendant Conty of Los Angeles”) is a governmental entity that claims or may claim
11 an interest in the Property.
12 6. Plaintiff is informed and believes and thereon alleges that MIDLAND FUNDING,
13 LLC (“Defendant Midland Funding”) is a limited liability company that claims or may claim an
14 interest in the Property.
15 7. Venue for this action is with the Superior Court for the State of California in and for
16 the County of Los Angeles pursuant to California Code of Civil Procedure section 760.050, in that
17 the real property that is the subject of this action is located in said county and state.
18 8. The true names and legal capacities of the defendants named herein as DOES 1
19 through 20, inclusive, whether individual, corporate, associate, or otherwise are unknown to
20 Plaintiff, which therefore sues said defendants, and each of them, by their fictitious names. When
21 the true names and capacities of the DOE defendants, or any of them, are ascertained, Plaintiff will
22 seek leave to amend this complaint to insert the same.
23 FACTUAL ALLEGATIONS
24 9. On or about June 1, 2018, a grant deed was recorded in the Official Records of Los
25 Angeles County, California as Document No. 20180548471 (“Grant Deed”) wherein Defendants
26 Christina Hernandez (“Hernandez”) and Nadia Pubill (“Pubill”) acquired title as ‘joint tenants’ to
27 the Property. A true and correct copy of the Grant Deed is attached hereto as Exhibit “1” and made
28 a part hereof.
2
COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT
1 10. On or about May 20, 2015, Defendants Hernandez and Pubill obtained a loan
2 (“Subject Loan”) in the amount of $422,211.00 from Banc of California, National Association, dba
3 Banc Home Loans (“Banc Home Loans”). In exchange for the Subject Loan, Defendants Hernandez
4 and Pubill executed and delivered a written promissory note in favor of Banc Home Loans (“Subject
5 Note”). A true and correct copy of the Subject Note is attached hereto as Exhibit “2” and made a
6 part hereof.
7 11. Repayment of the Subject Note is secured by a deed of trust which was recorded on
8 June 1, 2015, in the Official Records of Los Angeles County, California as Document No.
9 20150638026 (“Subject Deed of Trust”). The Subject Deed of Trust sets forth the relationship of the
10 parties, namely that Defendants Hernandez and Pubill are the “Borrowers/Trustors”, Chicago Title
11 Company is the “Trustee” and Mortgage Electronic Registration Systems, Inc., as beneficiary, as
12 nominee for Banc of California, National Association, dba Banc Home Loans, its successors and
13 assigns is the “Beneficiary”. A true and correct copy of the Subject Deed of Trust is attached hereto
14 as Exhibit “3” and made a part hereof.
15 12. On or about May 7, 2019, a grant deed was recorded in the Official Records of Los
16 Angeles, California as Document No. 20190414058 (“2019 Deed”) wherein non-party Daniel
17 Hernandez conveyed his interest in the Property to Defendant Hernandez. A true and correct copy
18 of the 2019 Deed is attached hereto as Exhibit “4” and made a part hereof.
19 13. On or about September 8, 2021, the beneficial interest under the Subject Deed of
20 Trust was transferred to Plaintiff through an assignment which was recorded on the same day
21 (September 8, 2021), in the Official Records of Los Angeles County, California as Document No.
22 20211373679 (the “Subject Assignment”). A true and correct copy of the Subject Assignment is
23 attached hereto as Exhibit “5” and made a part hereof.
24 14. Plaintiff is informed and believes and thereon alleges that it was the mutual intent
25 of Plaintiff’s predecessor-in-interest, Plaintiff and Defendants Hernandez and Pubill that the Subject
26 Deed of Trust would contain the correct legal description of the Property. However, by error,
27 inadvertence or mistake, the Subject Deed of Trust was recorded with an incorrect legal description.
28 ///
3
COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT
1 15. The Subject Deed of Trust identified the correct address of the Property and
2 Assessor’s Parcel Number (“APN”). However, by error, inadvertence or oversight, the legal
3 description of the Property is incorrect. The correct and complete legal description of the Property
4 is set forth in the above Paragraph 2.
5 16. The property address in the Subject Deed of Trust is correct and the Subject Deed
6 of Trust contains sufficient correct information to be identified in the chain of title so as to impart
7 record notice of its existence. However, the incorrect legal description creates a deficiency, which
8 therefore necessitates bringing the instant action to reform the Subject Deed of Trust.
9 17. Plaintiff is the holder of the indebtedness secured by the Subject Deed of Trust and
10 is the current beneficiary under the Subject Deed of Trust.
11 18. On or about January 17, 2024, Plaintiff, by and through its counsel, sent a letter to
12 Defendants Hernandez and Pubill (“January Letter”) enclosing a proposed modification of deed of
13 trust (“Proposed MODOT”) so as to correct the legal description error on the Subject Deed of Trust.
14 The Letter notified Defendants Hernandez and Pubill that if the enclosed Proposed MODOT was
15 not returned within 15 days, Plaintiff would proceed with a lawsuit to reform the legal description.
16 Subsequently, on February 22, 2024, as second letter was sent to Defendants Hernandez and Pubill
17 following up on the Proposed MODOT (“February Letter”). As a result of Defendants Hernandez
18 and Pubills’ failure to respond to the January Letter and February Letter or to return the documents
19 within the allotted timeframe, Plaintiff has brought this action to reform the Subject Deed of Trust.
20 True and correct copies of the January Letter and February Letter (excluding enclosures) are attached
21 hereto as Exhibit “6”.
22 19. Based upon the incorrect legal description in the Subject Deed of Trust and based
23 on Defendants Hernandez and Pubills’ failure to respond to the January Letter and February Letter,
24 it has become necessary for Plaintiff to retain the services of counsel to prosecute this action to
25 reform the Instruments.
26 ///
27 ///
28 ///
4
COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT
1 FIRST CAUSE OF ACTION
2 (Reformation of Instrument Against All Defendants)
3 20. Plaintiff incorporates paragraphs 1 through 19 herein by reference as though fully
4 set forth.
5 21. Plaintiff’s predecessor-in-interest agreed to disburse the loan proceeds to
6 Defendants Hernandez and Pubill on the condition that the loan be secured by a fully enforceable
7 lien encumbering the Property through the inclusion of the correct legal description. At the time the
8 Subject Deed of Trust was executed and recorded, it was the mutual intent, understanding and
9 agreement of Plaintiff’s predecessor-in-interest and Defendants Hernandez and Pubill that the
10 Subject Loan would be secured by the Property, legally described in Paragraph 2 above and that the
11 Subject Deed of Trust would therefore contain the correct legal description of the Property as
12 identified in Paragraph 2.
13 22. The incorrect legal description included in the Subject Deed of Trust fails to reflect
14 the actual intent and respective interests of the parties.
15 23. Plaintiff’s rights, title and interest in and to the Property are senior and superior to
16 any interest claimed by the defendants and each of them, and Plaintiff hereby requests that the court
17 reform the Subject Deed of Trust executed by Defendants Hernandez and Pubill to reflect the correct
18 legal description of the Property as identified in Paragraph 2, above.
19 24. Plaintiff hereby seeks a judgment reforming the Subject Deed of Trust executed by
20 Defendants Hernandez and Pubill, to reflect the true intent of Plaintiff and Defendants Hernandez
21 and Pubill by ordering the Subject Deed of Trust to be reformed to reflect the correct legal
22 description of the Property as set forth in Exhibit “7”.
23 25. Plaintiff seeks authorization to record a copy of the judgment attaching the Subject
24 Deed of Trust, as reformed, in the Official Records of Los Angeles County, California, so as to allow
25 Plaintiff to proceed with a non-judicial foreclosure action. Such recording shall be deemed to relate
26 back to the initial recording date of the Subject Deed of Trust, June 1, 2015, so that the reformed
27 Subject Deed of Trust maintains the same priority it had on the date of the initial recording and will
28 allow Plaintiff to proceed with a non-judicial foreclosure action.
5
COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT
1 SECOND CAUSE OF ACTION
2 (Declaratory Relief Against All Defendants)
3 26. Plaintiff incorporates paragraphs 1 through 25 herein by reference as though fully
4 set forth.
5 27. Plaintiff contends it is entitled to reform the Subject Deed of Trust, to include therein
6 the correct legal description of the Property as set forth in Paragraph 2 above.
7 28. Plaintiff contends it is entitled to record a copy of the Judgment attaching the
8 reformed Subject Deed of Trust, as set forth in Exhibit “7”, in the Official Records of Los Angeles
9 County, California, with the correct legal description of the Property.
10 29. Plaintiff is informed and believes and thereon alleges that defendants dispute these
11 contentions.
12 30. As a result, an actual controversy exists and a judicial declaration is necessary and
13 appropriate at this time to determine the parties’ interest and rights in the Property.
14 31. Plaintiff seeks a judicial declaration that the Subject Deed of Trust, as reformed, is
15 a valid encumbrance against the Property designated by the correct legal description Property as set
16 forth in Paragraph “2” above, as of June 1, 2015, the date the Subject Deed of Trust was initially
17 recorded. Plaintiff further seeks a declaration that the Subject Deed of Trust is senior to any interest
18 held by the Defendants, and each of them, or any subsequent lienholder, encumbrancer, or creditor,
19 who purports to take from the Defendants and each of them.
20 32. Plaintiff further seeks a judicial declaration authorizing Plaintiff to record a copy of
21 the judgment attaching the Subject Deed of Trust, as reformed, and declaring that the recording be
22 deemed to relate back to the date the Subject Deed of Trust was recorded, June 1, 2015 so that the
23 reformed Subject Deed of Trust maintains the same priority it had on the date of the initial recording,
24 so as to allow Plaintiff to proceed with a non-judicial foreclosure action.
25 WHEREFORE, Plaintiff prays for judgment as set forth below:
26 ON THE FIRST CAUSE OF ACTION:
27 1. For a judgment that the Subject Deed of Trust is reformed by inserting the correct
28 legal description of the Property as set forth in Paragraph “2” above, and in Exhibit “7”.
6
COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT
1 2. For a judgment attaching a copy of the reformed Subject Deed of Trust, as set forth
2 in Exhibit “7”, with the correct legal description of the Property and authorizing Plaintiff to record
3 such judgment in the Official Records of Los Angeles County, California with the recording date of
4 June 1, 2015, the date the Subject Deed of Trust was initially recorded, so as to allow Plaintiff to
5 proceed with a non-judicial foreclosure action;
6 ON THE SECOND CAUSE OF ACTION:
7 3. For a declaration of the rights of Plaintiff and Defendants, and each of them,
8 including a declaration that the Subject Deed of Trust is a valid encumbrance against the Property
9 as described in Paragraph 2 herein, as of June 1, 2015, the initial date the Subject Deed of Trust was
10 recorded; and, for a declaration that Plaintiff’s Subject Deed of Trust is senior to any interest held
11 by the Defendants, and each of them, or any subsequent lienholder, encumbrancer and/or creditor,
12 who purport to take from the defendants and each of them;
13 4. For a declaration that the Subject Deed of Trust executed by Defendants Hernandez
14 and Pubill were intended to include the correct legal description of the Property, that the Subject
15 Deed of Trust should be reformed to include the correct legal description of the Property and that
16 the defendants, and each of them have no rights, title, and/or interest in and to the Property that is
17 superior to the rights of Plaintiff in the Property.
18 ON ALL CAUSES OF ACTION:
19 11. For costs of suit and attorney’s fees; and
20 12. For such further relief as the Court deems just and proper.
21
22 Dated: April 3, 2024 MALCOLM CISNEROS, A Law Corporation
23
24 By: ________________________________
NICOLAS MATAYRON, Esq.
25 Attorney for Plaintiff
PENNYMAC LOAN SERVICES, LLC
26
27
28
7
COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT
EXHIBIT “1”
A This page is part of your document - DO NOT DISCARD A
20180548471
II I DION DV 1 DM lUI IIMIII DI II1
0002
P0
Recorded A ed in Offic a Records
Recorder's Office, Los Angeles County,
California
06/01/18 AT 08:OOAM
FEES: 22.00
TAXES: 0.00
OTHER: 0.00
SB2: 75.00
PAID: 97.00
A A
IIIIIIIII 11 1111111 III 1111111111 1111111 III 11111111 11 1111111111 1111111 III 1111111 III 11111111 1111 II
1111111II II 1111111 III 1111111 III 1111111 III 111111II II 1111111 III 1111111 III 1111111 III 111111II II IIII
LEADSHEET
II I I II II I II I I II
I II I
2018060 0250050
II I II ilia II II
00015314911
009122214
SEQ:
01
SECURE - 8 0 OAM
A E441953
THIS FORM IS NOT TO BE DUPLICATED 265_3314543 Ale
Order: 240152189 Page 1 of 2 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM
Doc: CALOSA:2018 00548471
RECORDING REQUESTED BY:
Parcel No. 6030.002-014
AND WHEN RECORDED MAIL TO:
DANIEL FIERNANDEZ
208 EAST 791.11 STREET
LOS ANGELES, CA 90003
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
THE UNDERSIGNED CRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $0 and CITY $ 0
X computed on full value of property conveyed, or
computed on full value less liens or encumbrances remaining at the time of sale.
unincorporated area: X Los Angeles, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Christian Hernandez, an Unmarried
Man and Nadia Pubill, an Unmarried Woman, as Joint Tenants
hereby GRANT(S) to Daniel Hernandez, a Married Man as his Sole and Separate Property
the following described real property in the County of Los Angeles, State of California;
LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK BOOK 21, PAGE 29 OF MAPS, IN THE OFFICE OF TE COUNTY
RECORDER OF SAID COUNTY.
"THIS IS A BONAPIDE GIFT AND THE GRANTOR RECEIVED NOTHING IN RETURN, R & T 11911,"
More commonlycommonly known as: 206, 208 East 79th Street, Los Angeles, CA 90003
Date March 19, 2018
Christian Hernandez
A notary public or other officer completing this certificate verities only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF California I S.S.
COUNTY OF L.0 '1/4? L5
On , before me, El v ) ita SI dake, de r42, No-ktab4ersonally appeared
Christina ernandez and Nadia Pubill who proved to me on the basis of satisfactory eStidence to be the person(s) whose
name(s).il/are subscribed to the within instrument and acknowledged to me that lactiefie/they executed the same infieker/their
authorized capacity(ies), and that byekt/fact7their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
rAETHCOMM. #2084017 I
Signature `C; (Seal) NOTARY PUBLIC. CALIFORNIA
LOS ANGELES COUNTY
ExrPuN Scitncp=
Mail Tax Statement to Return Address Above
Order: 240152189 Page 2 of 2 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM
Doc: CALOSA:2018 00548471
EXHIBIT “2”
EXHIBIT “3”
Order: 220518569 Page 1 of 10 Requested By: helennguyen, Printed: 9/1/2022 10:57 AM
Doc: CALOSA:2015 00638026
Order: 220518569 Page 10 of 10 Requested By: helennguyen, Printed: 9/1/2022 10:57 AM
Doc: CALOSA:2015 00638026
EXHIBIT “4”
2_
RECOFiDINSREQUESTED BY:
Christian Hernandez
05/07 2019
WHEN RECORDED MAIL TO:
Christian Hernandez I
208 E. 79th St. *20190414058*
Los Angeles, CA 90003
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENT TITLE:
GRANT DEED
Pursuant to Senate Bill 2 - Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1,
2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate
instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted
from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by
this section shall not exceed two hundred twenty-five dollars ($225.00).
FlUdSCH1
Exempt from fee per GC 27388.1 (a) (2); recorded in connection with a transfer subject to the imposition of
documentary transfer tax (DTT).
Exempt from fee per GC 27388.1 (a) (2); recorded in connection with a transfer of real property that is a
residential dwelling to an owner -occupier.
Exempt from fee per GC 27388.1 (a) (1); fee cap of $225.00 reached.
Exempt from the fee per GC 27388.1 (a) (1); not related to real property.
Failure to include an exemption reason will result in the imposition of the $75.00 Building Homes and Jobs
Act fee. Fees collected are deposited to the State and may not be available for refund.
THIS COVER SHEET ADDED TO PROVIDE
ADEQUATE SPACE FOR RECORDING INFORMATION
Order: 240152189 Page 2 of 3 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM
Doc: CALOSA:2019 00414058
3
RECORDING REQUESTED BY:
Order No.
Escrow No.
Parcel No. 6030-002-014
AND WHEN RECORDED MAIL TO:
CHRISTIAN HERNANDEZ
208 EAST 79TH STREET
LOS ANGELES, CA 90003
SPACE ABOVE THIS LINE FOR. RECORDER'S USE
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $0.00 and CITY S 0.00
El computed on full value of property conveyed, or
computed on full value less liens or encumbrances remaining at the time of sale.
unincorporated area: Los Angeles, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Daniel Hernandez, a Married Man as
his sole and separate property
hereby GRANT(S) to: CHRISTIAN HERNANDEZ, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE
PROPERTY
the following described real property in the County of Los Angeles, State of California:
LOT 254 OF TRACT NO.1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE 29 OF MAPS IN THE OFFICE OF THE COUNTY
RECORDED OF SAID COUNTY
his is a bonatide gift and the Grantor received nothing in return, R & T 1 191 1."
More commonly known as: 206 AND 208 EAST 79T11 STREET, LOS ANGELES, CA 90003
Date °9/0 //
Borrower's Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF
COUNTY OF to s S.S.
On al to )1 awl !..1 TT
, before me, fivi UtAtim g)101:z.
pc.Aotniany app.,-arcu lld Del 'ICI ItatIlUtt WII0 proven to me on me oasis or satisfactory evigenee to be trio persOnfts) whose
name(%) is/arc subscribed to the within instrument and acknowledged to me that heithektherexecuted the same in his/her/their
authorized capacity(ies), and that by his/hetbeif signaturnfr) on the instrument the person(?), or the entity upon behalf of
which the person(%) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
ea. a. -.s A a
ELVIRA MERAZ
COMM. #2258562.2
NOTARY PUBUC,CAUFORNIA
(Seal) miolcOomSmA.NbapifisELESseCpt029UN.2722
-se
Mail Tax Statements to: SAME AS ABOVE or Address Noted Below
Order: 240152189 Page 3 of 3 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM
Doc: CALOSA:2019 00414058
EXHIBIT “5”
A This page is part of your document - DO NOT DISCARD A
II 1111111111711111719
1110 1 II
0002
P0
Recorded Filed in Officia Records
Recorder's Office, Los Angeles County,
California
09/08/21 AT 02:44PM
FEES: 20.00
TAXES: 0.00
OTHER: 0.00
SB2: 75.00
PAID: 95.00
A A
IIIIIIIII 11 1111111 III 1111111111 1111111 III 11111111 11 1111111111 1111111 III 1111111 III 11111111 1111 II
1111111II II 1111111 III 1111111 III 1111111 III 111111II II 1111111 III 1111111 III 1111111 III 111111II II IIII
LEADSHEET
II I I II I II I II I I II I II
202109080250255
I II I II I II
00021145295
I I I I II I II I I III III
012646971
SEQ:
01
SECURE - Daily
I I 1 III 1 I II 111 1 1 111 111 II 1 II II I
A E502868
I II I II II II II III I II II
THIS FORM IS NOT TO BE DUPLICATED
1 111 1 1
427288191 A
Order: 240152189 Page 1 of 2 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM
Doc: CALOSA:2021 01373679
[RECORDING REQUESTED BY]
NATIONWIDE TITLE CLEARING, INC.
[AND WHEN RECORDED MAIL TO]
PennyMac Loan Services, LLC
C/O Nationwide Title Clearing, Inc.
2100 Alt. 19 North
Palm Harbor, FL 34683
V-- ASSIGNMENT
CORPORATE. -V-- V- DEED
CIF -V-- DE TRUST
GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned,
FOR GOOD
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS BENEFICIARY, AS NOMINEE FOR
BANC OF CALIFORNIA, NATIONAL ASSOCIATION, DBA BANC HOME LOANS, ITS SUCCESSORS AND ASSIGNS,
(ASSIGNOR), (MERS Address: P.O. Box 2026, Flint, Michigan 48501-2026) by these presents does convey, grant assign,
transfer, and set over all of its rights, title, and interest in the described Deed of Trust, representation or warranty, including all liens
and any rights due or to become due thereon to PENNYMAC LOAN SERVICES, 1.1,C, WHOSE ADDRESS IS 3043
TOWNSGATE ROAD STE 200, WESTLAKE VILLAGE, CA 91361 (800)777-4001, ITS SUCCESSORS AND ASSIGNS,
(ASSIGNEE).
Said Deed of Trust made by CHRISTIAN HERNANDEZ AND NADIA PUBILL and recorded on 06/01/2015 as Instrument #
20150638026 in the office of the LOS ANGELES County Recorder, CA.
IN WITNESS WHEREOF, this Assignment is executed this 08th day of September in the year 2021
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS BENEFICIARY, AS NOMINEE FOR
BANC OF CALIFORNIA, NATIONAL ASSOCIATION, DBA BANC HOME LOANS, ITS SUCCESSORS AND
ASSIGNS
iz
rt. V
KIMBERLY V
/ JOITT
VICE PRESIDENT
All persons whose signatures appear above have qualified authority to sign and have reviewed this document and supporting
documentation prior to signing.
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization on this 08th day
of September in the year 2021, by Kimberly Vought as VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. (- MFRS- )AS BENEFICIARY, AS NOMINEE FOR BANC OF CALIFORNIA, NATIONAL ASSOCIATION,
DBA BANC HOME LOANS, ITS SUCCESSORS AND ASSIGNS, who, as such VICE PRESIDENT being authorized to do so,
executed the foregoing instrument for the purposes therein contained. He/she/they is (are) personally known to me.
VALERA KRISTOF
JeWia, 7$ N. NOTARY PUBLIC
.1 STATE OF FLORIDA
VALERA KRISTOF
%.,l7 DM,/ El
COMM EXPIRES: 09/19/23 EXPIRES: 09/19/2023
Document Prepared By: Dave LaRose/NTC, 2100 Alt. 19 North, Palm Harbor, If 34683 (800)346-9152
PMAC I 1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) MIN
MERS PHONE MERS Mailing Address: P.O. Box 2026, F i n, MI 4850 2026 DOCR T082109-12:16:46 [C-1]
EFRMCAL
Order: 240152189 Page 2 of 2 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM
Doc: CALOSA:2021 01373679
EXHIBIT “6”
January 17, 2024
Christian Hernandez
Nadia Pubill
206 East 79th Street
Los Angeles, CA 90003
Re: Property Address: 206 and 208 East 79th Street, Los Angeles, CA 90003
Our File: B75773-1
Dear Mr. Hernandez and Ms. Pubill:
Our office represents PennyMac Loan Services, LLC (“PennyMac”) holder of a loan in
the amount of $422,211.00 secured by a Deed of trust dated May 20, 2015 and recorded on June
1, 2015 as Instrument No. 20150638026 the Official Records of Los Angeles, California (the
“Deed of Trust”). The Deed of Trust encumbers the real property commonly known as 206 and
208 East 79th Street, Los Angeles, CA 90003 (the “Property”). A true and correct copy of the
Deed of Trust is attached to this letter as Exhibit “1”.
Our client became aware that the Deed of Trust was recorded with an incorrect legal
description. The legal description as recorded on the Deed of Trust reads as follows:
LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 21 PAGES 21 to 29 OF INCLUSIVE OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
The legal description of the Property should read as follows:
LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 21 PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
CORPORATE OFFICE: 2112 Business Center Drive, Irvine, CA 92612 ♦ PH: 949‐252‐9400 ♦ FAX: 949‐252‐1032
With Offices in:
Phoenix, AZ ♦ Riverside, CA ♦ Las Vegas, NV ♦ Lake Oswego, OR ♦ Dallas, TX ♦ Seattle, WA
www.malcolmcisneros.com
Page |2
The solution to correct the mistake is relatively simple. All that is needed is for you to
execute the enclosed Modification of Deed of Trust. As you read the documents, you will
understand that their only purpose is to ensure the chain of title is corrected to reflect the correct
legal description of the Property. It will be necessary for you to execute the document in the
presence of a notary. If you need assistance in obtaining a notary, please do not hesitate to
contact the undersigned.
For your convenience, enclosed please find a self-addressed return envelope. Once the
Modification of Deed of Trust is properly executed and notarized, please return the same to me
in the enclosed pre-paid envelope within 15 days. If we do not receive the document within 15
days, our firm will proceed with a lawsuit to reform the legal description. All legal fees incurred
in the prosecution of this lawsuit will be added to your account pursuant to the terms of the Note.
Very truly yours,
MALCOLM ♦ CISNEROS
Nicolas Matayron, Esq.
Enclosures
NM/rt
CORPORATE OFFICE: 2112 Business Center Drive, Irvine, CA 92612 ♦ PH: 949‐252‐9400 ♦ FAX: 949‐252‐1032
With Offices in:
Phoenix, AZ ♦ Riverside, CA ♦ Las Vegas, NV ♦ Lake Oswego, OR ♦ Katy, TX ♦ Seattle, WA
www.malcolmcisneros.com
February 22, 2024
Christian Hernandez
Nadia Pubill
206 East 79th Street
Los Angeles, CA 90003
Re: Property Address: 206 and 208 East 79th Street, Los Angeles, CA 90003
Our File: B75773-1
Dear Mr. Hernandez and Ms. Pubill:
As you are aware, our office represents PennyMac Loan Services, LLC (“PennyMac”)
holder of a loan in the amount of $422,211.00 secured by a Deed of trust dated May 20, 2015
and recorded on June 1, 2015 as Instrument No. 20150638026 the Official Records of Los
Angeles, California (the “Deed of Trust”). The Deed of Trust encumbers the real property
commonly known as 206 and 208 East 79th Street, Los Angeles, CA 90003 (the “Property”).
We are writing to follow up on our January 17, 2024 correspondence (“Letter”), which
enclosed for ease of reference, wherein we advised that the Deed of Trust was recorded with an
incorrect legal description. The legal description as recorded on the Deed of Trust reads as
follows:
LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 21 PAGES 21 to 29 OF INCLUSIVE OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
The legal description of the Property should read as follows:
LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 21 PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
CORPORATE OFFICE: 2112 Business Center Drive, Irvine, CA 92612 ♦ PH: 949‐252‐9400 ♦ FAX: 949‐252‐1032
With Offices in:
Phoenix, AZ ♦ Riverside, CA ♦ Las Vegas, NV ♦ Lake Oswego, OR ♦ Dallas, TX ♦ Seattle, WA
www.malcolmcisneros.com
Page |2
Further, the Letter set forth the solution to correct the mistake, through a Modification of
Deed of Trust. As discussed, the Modification of Deed of Trust needs to be executed in the
presence of a notary.
Please note that if we do not receive the document within 15 days, our firm will proceed
with a lawsuit to reform the legal description and you will be named as a party to the action. All
legal fees incurred in the prosecution of this lawsuit will be added to your account pursuant to
the terms of the Note.
Very truly yours,
MALCOLM ♦ CISNEROS
Nicolas Matayron, Esq.
Enclosures
NM/rt
CORPORATE OFFICE: 2112 Business Center Drive, Irvine, CA 92612 ♦ PH: 949‐252‐9400 ♦ FAX: 949‐252‐1032
With Offices in:
Phoenix, AZ ♦ Riverside, CA ♦ Las Vegas, NV ♦ Lake Oswego, OR ♦ Katy, TX ♦ Seattle, WA
www.malcolmcisneros.com
EXHIBIT “7”
When recorded mail to:
Malcolm Cisneros, A Law Corporation
ATTN: Title Department
2112 Business Center Drive
Irvine, CA 92612
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
A.P.N. 6030-002-014
This page is attached to document entitled:
DEED OF TRUST
The enclosed Deed of Trust is being submitted for re-recording for the purpose of correcting the legal description
that was included in the original recording of the Deed of Trust recorded on June 1, 2015 as Instrument
20150638026, Official Records of Los Angeles County.
The Legal Description is as follows:
LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE 29 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
Order: 220518569 Page 1 of 10 Requested By: helennguyen, Printed: 9/1/2022 10:57 AM
Doc: CALOSA:2015 00638026
LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE 29 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Order: 220518569 Page 10 of 10 Requested By: helennguyen, Printed: 9/1/2022 10:57 AM
Doc: CALOSA:2015 00638026
Preview
1 WILLIAM G. MALCOLM #129271 NICOLAS MATAYRON #304097 2 MALCOLM CISNEROS, A Law Corporation 2112 Business Center Drive, Second Floor 3 Irvine, California 92612 Phone: (949) 252-9400 4 Fax: (949) 252-1032 Email: nmatayron@mclaw.org 5 Attorney for Plaintiff 6 PENNYMAC LOAN SERVICES, LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 11 PENNYMAC LOAN SERVICES, LLC, CASE NO.: 12 COMPLAINT FOR: Plaintiff, 13 (1) DECLARATORY RELIEF AND v. (2) REFORMATION OF INSTRUMENT 14 CHRISTIAN HERNANDEZ, an individual; 15 NADIA PUBILL, an individual; COUNTY OF LOS ANGELES, a governmental entity; 16 MIDLAND FUNDING, LLC, a Delaware limited liability company; and DOES 17 1 through 10, inclusive, 18 Defendants. 19 20 21 Plaintiff PENNYMAC LOAN SERVICES, LLC alleges as follows: 22 GENERAL ALLEGATIONS 23 1. Plaintiff PENNYMAC LOAN SERVICES, LLC (hereinafter “Plaintiff”) is a 24 limited liability company authorized to do business in the State of California, County of Los Angeles 25 and holds a security interest in the real property that is the subject of this action. 26 2. The real property that is subject of this action is commonly known as 206 and 208 27 East 79TH Street, Los Angeles, CA 90003 (the “Property”), assigned assessor’s parcel number 28 (“APN”) 6030-002-014 and legally described as follows: 1 COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT 1 LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN 2 BOOK 21, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 3 4 3. Plaintiff is informed and believes and thereon alleges that CHRISTIAN 5 HERNANDEZ (“Defendant Hernandez”), is an individual, who claims or may claim an interest in 6 the Property. 7 4. Plaintiff is informed and believes and thereon alleges that NADIA PUBILL 8 (“Defendant Pubill”), is an individual, who claims or may claim an interest in the Property. 9 5. Plaintiff is informed and believes and thereon alleges that COUNTY OF LOS 10 ANGELES (“Defendant Conty of Los Angeles”) is a governmental entity that claims or may claim 11 an interest in the Property. 12 6. Plaintiff is informed and believes and thereon alleges that MIDLAND FUNDING, 13 LLC (“Defendant Midland Funding”) is a limited liability company that claims or may claim an 14 interest in the Property. 15 7. Venue for this action is with the Superior Court for the State of California in and for 16 the County of Los Angeles pursuant to California Code of Civil Procedure section 760.050, in that 17 the real property that is the subject of this action is located in said county and state. 18 8. The true names and legal capacities of the defendants named herein as DOES 1 19 through 20, inclusive, whether individual, corporate, associate, or otherwise are unknown to 20 Plaintiff, which therefore sues said defendants, and each of them, by their fictitious names. When 21 the true names and capacities of the DOE defendants, or any of them, are ascertained, Plaintiff will 22 seek leave to amend this complaint to insert the same. 23 FACTUAL ALLEGATIONS 24 9. On or about June 1, 2018, a grant deed was recorded in the Official Records of Los 25 Angeles County, California as Document No. 20180548471 (“Grant Deed”) wherein Defendants 26 Christina Hernandez (“Hernandez”) and Nadia Pubill (“Pubill”) acquired title as ‘joint tenants’ to 27 the Property. A true and correct copy of the Grant Deed is attached hereto as Exhibit “1” and made 28 a part hereof. 2 COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT 1 10. On or about May 20, 2015, Defendants Hernandez and Pubill obtained a loan 2 (“Subject Loan”) in the amount of $422,211.00 from Banc of California, National Association, dba 3 Banc Home Loans (“Banc Home Loans”). In exchange for the Subject Loan, Defendants Hernandez 4 and Pubill executed and delivered a written promissory note in favor of Banc Home Loans (“Subject 5 Note”). A true and correct copy of the Subject Note is attached hereto as Exhibit “2” and made a 6 part hereof. 7 11. Repayment of the Subject Note is secured by a deed of trust which was recorded on 8 June 1, 2015, in the Official Records of Los Angeles County, California as Document No. 9 20150638026 (“Subject Deed of Trust”). The Subject Deed of Trust sets forth the relationship of the 10 parties, namely that Defendants Hernandez and Pubill are the “Borrowers/Trustors”, Chicago Title 11 Company is the “Trustee” and Mortgage Electronic Registration Systems, Inc., as beneficiary, as 12 nominee for Banc of California, National Association, dba Banc Home Loans, its successors and 13 assigns is the “Beneficiary”. A true and correct copy of the Subject Deed of Trust is attached hereto 14 as Exhibit “3” and made a part hereof. 15 12. On or about May 7, 2019, a grant deed was recorded in the Official Records of Los 16 Angeles, California as Document No. 20190414058 (“2019 Deed”) wherein non-party Daniel 17 Hernandez conveyed his interest in the Property to Defendant Hernandez. A true and correct copy 18 of the 2019 Deed is attached hereto as Exhibit “4” and made a part hereof. 19 13. On or about September 8, 2021, the beneficial interest under the Subject Deed of 20 Trust was transferred to Plaintiff through an assignment which was recorded on the same day 21 (September 8, 2021), in the Official Records of Los Angeles County, California as Document No. 22 20211373679 (the “Subject Assignment”). A true and correct copy of the Subject Assignment is 23 attached hereto as Exhibit “5” and made a part hereof. 24 14. Plaintiff is informed and believes and thereon alleges that it was the mutual intent 25 of Plaintiff’s predecessor-in-interest, Plaintiff and Defendants Hernandez and Pubill that the Subject 26 Deed of Trust would contain the correct legal description of the Property. However, by error, 27 inadvertence or mistake, the Subject Deed of Trust was recorded with an incorrect legal description. 28 /// 3 COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT 1 15. The Subject Deed of Trust identified the correct address of the Property and 2 Assessor’s Parcel Number (“APN”). However, by error, inadvertence or oversight, the legal 3 description of the Property is incorrect. The correct and complete legal description of the Property 4 is set forth in the above Paragraph 2. 5 16. The property address in the Subject Deed of Trust is correct and the Subject Deed 6 of Trust contains sufficient correct information to be identified in the chain of title so as to impart 7 record notice of its existence. However, the incorrect legal description creates a deficiency, which 8 therefore necessitates bringing the instant action to reform the Subject Deed of Trust. 9 17. Plaintiff is the holder of the indebtedness secured by the Subject Deed of Trust and 10 is the current beneficiary under the Subject Deed of Trust. 11 18. On or about January 17, 2024, Plaintiff, by and through its counsel, sent a letter to 12 Defendants Hernandez and Pubill (“January Letter”) enclosing a proposed modification of deed of 13 trust (“Proposed MODOT”) so as to correct the legal description error on the Subject Deed of Trust. 14 The Letter notified Defendants Hernandez and Pubill that if the enclosed Proposed MODOT was 15 not returned within 15 days, Plaintiff would proceed with a lawsuit to reform the legal description. 16 Subsequently, on February 22, 2024, as second letter was sent to Defendants Hernandez and Pubill 17 following up on the Proposed MODOT (“February Letter”). As a result of Defendants Hernandez 18 and Pubills’ failure to respond to the January Letter and February Letter or to return the documents 19 within the allotted timeframe, Plaintiff has brought this action to reform the Subject Deed of Trust. 20 True and correct copies of the January Letter and February Letter (excluding enclosures) are attached 21 hereto as Exhibit “6”. 22 19. Based upon the incorrect legal description in the Subject Deed of Trust and based 23 on Defendants Hernandez and Pubills’ failure to respond to the January Letter and February Letter, 24 it has become necessary for Plaintiff to retain the services of counsel to prosecute this action to 25 reform the Instruments. 26 /// 27 /// 28 /// 4 COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT 1 FIRST CAUSE OF ACTION 2 (Reformation of Instrument Against All Defendants) 3 20. Plaintiff incorporates paragraphs 1 through 19 herein by reference as though fully 4 set forth. 5 21. Plaintiff’s predecessor-in-interest agreed to disburse the loan proceeds to 6 Defendants Hernandez and Pubill on the condition that the loan be secured by a fully enforceable 7 lien encumbering the Property through the inclusion of the correct legal description. At the time the 8 Subject Deed of Trust was executed and recorded, it was the mutual intent, understanding and 9 agreement of Plaintiff’s predecessor-in-interest and Defendants Hernandez and Pubill that the 10 Subject Loan would be secured by the Property, legally described in Paragraph 2 above and that the 11 Subject Deed of Trust would therefore contain the correct legal description of the Property as 12 identified in Paragraph 2. 13 22. The incorrect legal description included in the Subject Deed of Trust fails to reflect 14 the actual intent and respective interests of the parties. 15 23. Plaintiff’s rights, title and interest in and to the Property are senior and superior to 16 any interest claimed by the defendants and each of them, and Plaintiff hereby requests that the court 17 reform the Subject Deed of Trust executed by Defendants Hernandez and Pubill to reflect the correct 18 legal description of the Property as identified in Paragraph 2, above. 19 24. Plaintiff hereby seeks a judgment reforming the Subject Deed of Trust executed by 20 Defendants Hernandez and Pubill, to reflect the true intent of Plaintiff and Defendants Hernandez 21 and Pubill by ordering the Subject Deed of Trust to be reformed to reflect the correct legal 22 description of the Property as set forth in Exhibit “7”. 23 25. Plaintiff seeks authorization to record a copy of the judgment attaching the Subject 24 Deed of Trust, as reformed, in the Official Records of Los Angeles County, California, so as to allow 25 Plaintiff to proceed with a non-judicial foreclosure action. Such recording shall be deemed to relate 26 back to the initial recording date of the Subject Deed of Trust, June 1, 2015, so that the reformed 27 Subject Deed of Trust maintains the same priority it had on the date of the initial recording and will 28 allow Plaintiff to proceed with a non-judicial foreclosure action. 5 COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT 1 SECOND CAUSE OF ACTION 2 (Declaratory Relief Against All Defendants) 3 26. Plaintiff incorporates paragraphs 1 through 25 herein by reference as though fully 4 set forth. 5 27. Plaintiff contends it is entitled to reform the Subject Deed of Trust, to include therein 6 the correct legal description of the Property as set forth in Paragraph 2 above. 7 28. Plaintiff contends it is entitled to record a copy of the Judgment attaching the 8 reformed Subject Deed of Trust, as set forth in Exhibit “7”, in the Official Records of Los Angeles 9 County, California, with the correct legal description of the Property. 10 29. Plaintiff is informed and believes and thereon alleges that defendants dispute these 11 contentions. 12 30. As a result, an actual controversy exists and a judicial declaration is necessary and 13 appropriate at this time to determine the parties’ interest and rights in the Property. 14 31. Plaintiff seeks a judicial declaration that the Subject Deed of Trust, as reformed, is 15 a valid encumbrance against the Property designated by the correct legal description Property as set 16 forth in Paragraph “2” above, as of June 1, 2015, the date the Subject Deed of Trust was initially 17 recorded. Plaintiff further seeks a declaration that the Subject Deed of Trust is senior to any interest 18 held by the Defendants, and each of them, or any subsequent lienholder, encumbrancer, or creditor, 19 who purports to take from the Defendants and each of them. 20 32. Plaintiff further seeks a judicial declaration authorizing Plaintiff to record a copy of 21 the judgment attaching the Subject Deed of Trust, as reformed, and declaring that the recording be 22 deemed to relate back to the date the Subject Deed of Trust was recorded, June 1, 2015 so that the 23 reformed Subject Deed of Trust maintains the same priority it had on the date of the initial recording, 24 so as to allow Plaintiff to proceed with a non-judicial foreclosure action. 25 WHEREFORE, Plaintiff prays for judgment as set forth below: 26 ON THE FIRST CAUSE OF ACTION: 27 1. For a judgment that the Subject Deed of Trust is reformed by inserting the correct 28 legal description of the Property as set forth in Paragraph “2” above, and in Exhibit “7”. 6 COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT 1 2. For a judgment attaching a copy of the reformed Subject Deed of Trust, as set forth 2 in Exhibit “7”, with the correct legal description of the Property and authorizing Plaintiff to record 3 such judgment in the Official Records of Los Angeles County, California with the recording date of 4 June 1, 2015, the date the Subject Deed of Trust was initially recorded, so as to allow Plaintiff to 5 proceed with a non-judicial foreclosure action; 6 ON THE SECOND CAUSE OF ACTION: 7 3. For a declaration of the rights of Plaintiff and Defendants, and each of them, 8 including a declaration that the Subject Deed of Trust is a valid encumbrance against the Property 9 as described in Paragraph 2 herein, as of June 1, 2015, the initial date the Subject Deed of Trust was 10 recorded; and, for a declaration that Plaintiff’s Subject Deed of Trust is senior to any interest held 11 by the Defendants, and each of them, or any subsequent lienholder, encumbrancer and/or creditor, 12 who purport to take from the defendants and each of them; 13 4. For a declaration that the Subject Deed of Trust executed by Defendants Hernandez 14 and Pubill were intended to include the correct legal description of the Property, that the Subject 15 Deed of Trust should be reformed to include the correct legal description of the Property and that 16 the defendants, and each of them have no rights, title, and/or interest in and to the Property that is 17 superior to the rights of Plaintiff in the Property. 18 ON ALL CAUSES OF ACTION: 19 11. For costs of suit and attorney’s fees; and 20 12. For such further relief as the Court deems just and proper. 21 22 Dated: April 3, 2024 MALCOLM CISNEROS, A Law Corporation 23 24 By: ________________________________ NICOLAS MATAYRON, Esq. 25 Attorney for Plaintiff PENNYMAC LOAN SERVICES, LLC 26 27 28 7 COMPLAINT FOR DECLARATORY RELIEF AND REFORMATION OF INSTRUMENT EXHIBIT “1” A This page is part of your document - DO NOT DISCARD A 20180548471 II I DION DV 1 DM lUI IIMIII DI II1 0002 P0 Recorded A ed in Offic a Records Recorder's Office, Los Angeles County, California 06/01/18 AT 08:OOAM FEES: 22.00 TAXES: 0.00 OTHER: 0.00 SB2: 75.00 PAID: 97.00 A A IIIIIIIII 11 1111111 III 1111111111 1111111 III 11111111 11 1111111111 1111111 III 1111111 III 11111111 1111 II 1111111II II 1111111 III 1111111 III 1111111 III 111111II II 1111111 III 1111111 III 1111111 III 111111II II IIII LEADSHEET II I I II II I II I I II I II I 2018060 0250050 II I II ilia II II 00015314911 009122214 SEQ: 01 SECURE - 8 0 OAM A E441953 THIS FORM IS NOT TO BE DUPLICATED 265_3314543 Ale Order: 240152189 Page 1 of 2 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM Doc: CALOSA:2018 00548471 RECORDING REQUESTED BY: Parcel No. 6030.002-014 AND WHEN RECORDED MAIL TO: DANIEL FIERNANDEZ 208 EAST 791.11 STREET LOS ANGELES, CA 90003 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED CRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $0 and CITY $ 0 X computed on full value of property conveyed, or computed on full value less liens or encumbrances remaining at the time of sale. unincorporated area: X Los Angeles, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Christian Hernandez, an Unmarried Man and Nadia Pubill, an Unmarried Woman, as Joint Tenants hereby GRANT(S) to Daniel Hernandez, a Married Man as his Sole and Separate Property the following described real property in the County of Los Angeles, State of California; LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK BOOK 21, PAGE 29 OF MAPS, IN THE OFFICE OF TE COUNTY RECORDER OF SAID COUNTY. "THIS IS A BONAPIDE GIFT AND THE GRANTOR RECEIVED NOTHING IN RETURN, R & T 11911," More commonlycommonly known as: 206, 208 East 79th Street, Los Angeles, CA 90003 Date March 19, 2018 Christian Hernandez A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF California I S.S. COUNTY OF L.0 '1/4? L5 On , before me, El v ) ita SI dake, de r42, No-ktab4ersonally appeared Christina ernandez and Nadia Pubill who proved to me on the basis of satisfactory eStidence to be the person(s) whose name(s).il/are subscribed to the within instrument and acknowledged to me that lactiefie/they executed the same infieker/their authorized capacity(ies), and that byekt/fact7their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rAETHCOMM. #2084017 I Signature `C; (Seal) NOTARY PUBLIC. CALIFORNIA LOS ANGELES COUNTY ExrPuN Scitncp= Mail Tax Statement to Return Address Above Order: 240152189 Page 2 of 2 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM Doc: CALOSA:2018 00548471 EXHIBIT “2” EXHIBIT “3” Order: 220518569 Page 1 of 10 Requested By: helennguyen, Printed: 9/1/2022 10:57 AM Doc: CALOSA:2015 00638026 Order: 220518569 Page 10 of 10 Requested By: helennguyen, Printed: 9/1/2022 10:57 AM Doc: CALOSA:2015 00638026 EXHIBIT “4” 2_ RECOFiDINSREQUESTED BY: Christian Hernandez 05/07 2019 WHEN RECORDED MAIL TO: Christian Hernandez I 208 E. 79th St. *20190414058* Los Angeles, CA 90003 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENT TITLE: GRANT DEED Pursuant to Senate Bill 2 - Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). FlUdSCH1 Exempt from fee per GC 27388.1 (a) (2); recorded in connection with a transfer subject to the imposition of documentary transfer tax (DTT). Exempt from fee per GC 27388.1 (a) (2); recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. Exempt from fee per GC 27388.1 (a) (1); fee cap of $225.00 reached. Exempt from the fee per GC 27388.1 (a) (1); not related to real property. Failure to include an exemption reason will result in the imposition of the $75.00 Building Homes and Jobs Act fee. Fees collected are deposited to the State and may not be available for refund. THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Order: 240152189 Page 2 of 3 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM Doc: CALOSA:2019 00414058 3 RECORDING REQUESTED BY: Order No. Escrow No. Parcel No. 6030-002-014 AND WHEN RECORDED MAIL TO: CHRISTIAN HERNANDEZ 208 EAST 79TH STREET LOS ANGELES, CA 90003 SPACE ABOVE THIS LINE FOR. RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $0.00 and CITY S 0.00 El computed on full value of property conveyed, or computed on full value less liens or encumbrances remaining at the time of sale. unincorporated area: Los Angeles, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Daniel Hernandez, a Married Man as his sole and separate property hereby GRANT(S) to: CHRISTIAN HERNANDEZ, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY the following described real property in the County of Los Angeles, State of California: LOT 254 OF TRACT NO.1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE 29 OF MAPS IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY his is a bonatide gift and the Grantor received nothing in return, R & T 1 191 1." More commonly known as: 206 AND 208 EAST 79T11 STREET, LOS ANGELES, CA 90003 Date °9/0 // Borrower's Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF to s S.S. On al to )1 awl !..1 TT , before me, fivi UtAtim g)101:z. pc.Aotniany app.,-arcu lld Del 'ICI ItatIlUtt WII0 proven to me on me oasis or satisfactory evigenee to be trio persOnfts) whose name(%) is/arc subscribed to the within instrument and acknowledged to me that heithektherexecuted the same in his/her/their authorized capacity(ies), and that by his/hetbeif signaturnfr) on the instrument the person(?), or the entity upon behalf of which the person(%) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ea. a. -.s A a ELVIRA MERAZ COMM. #2258562.2 NOTARY PUBUC,CAUFORNIA (Seal) miolcOomSmA.NbapifisELESseCpt029UN.2722 -se Mail Tax Statements to: SAME AS ABOVE or Address Noted Below Order: 240152189 Page 3 of 3 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM Doc: CALOSA:2019 00414058 EXHIBIT “5” A This page is part of your document - DO NOT DISCARD A II 1111111111711111719 1110 1 II 0002 P0 Recorded Filed in Officia Records Recorder's Office, Los Angeles County, California 09/08/21 AT 02:44PM FEES: 20.00 TAXES: 0.00 OTHER: 0.00 SB2: 75.00 PAID: 95.00 A A IIIIIIIII 11 1111111 III 1111111111 1111111 III 11111111 11 1111111111 1111111 III 1111111 III 11111111 1111 II 1111111II II 1111111 III 1111111 III 1111111 III 111111II II 1111111 III 1111111 III 1111111 III 111111II II IIII LEADSHEET II I I II I II I II I I II I II 202109080250255 I II I II I II 00021145295 I I I I II I II I I III III 012646971 SEQ: 01 SECURE - Daily I I 1 III 1 I II 111 1 1 111 111 II 1 II II I A E502868 I II I II II II II III I II II THIS FORM IS NOT TO BE DUPLICATED 1 111 1 1 427288191 A Order: 240152189 Page 1 of 2 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM Doc: CALOSA:2021 01373679 [RECORDING REQUESTED BY] NATIONWIDE TITLE CLEARING, INC. [AND WHEN RECORDED MAIL TO] PennyMac Loan Services, LLC C/O Nationwide Title Clearing, Inc. 2100 Alt. 19 North Palm Harbor, FL 34683 V-- ASSIGNMENT CORPORATE. -V-- V- DEED CIF -V-- DE TRUST GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, FOR GOOD MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS BENEFICIARY, AS NOMINEE FOR BANC OF CALIFORNIA, NATIONAL ASSOCIATION, DBA BANC HOME LOANS, ITS SUCCESSORS AND ASSIGNS, (ASSIGNOR), (MERS Address: P.O. Box 2026, Flint, Michigan 48501-2026) by these presents does convey, grant assign, transfer, and set over all of its rights, title, and interest in the described Deed of Trust, representation or warranty, including all liens and any rights due or to become due thereon to PENNYMAC LOAN SERVICES, 1.1,C, WHOSE ADDRESS IS 3043 TOWNSGATE ROAD STE 200, WESTLAKE VILLAGE, CA 91361 (800)777-4001, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE). Said Deed of Trust made by CHRISTIAN HERNANDEZ AND NADIA PUBILL and recorded on 06/01/2015 as Instrument # 20150638026 in the office of the LOS ANGELES County Recorder, CA. IN WITNESS WHEREOF, this Assignment is executed this 08th day of September in the year 2021 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS BENEFICIARY, AS NOMINEE FOR BANC OF CALIFORNIA, NATIONAL ASSOCIATION, DBA BANC HOME LOANS, ITS SUCCESSORS AND ASSIGNS iz rt. V KIMBERLY V / JOITT VICE PRESIDENT All persons whose signatures appear above have qualified authority to sign and have reviewed this document and supporting documentation prior to signing. STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization on this 08th day of September in the year 2021, by Kimberly Vought as VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (- MFRS- )AS BENEFICIARY, AS NOMINEE FOR BANC OF CALIFORNIA, NATIONAL ASSOCIATION, DBA BANC HOME LOANS, ITS SUCCESSORS AND ASSIGNS, who, as such VICE PRESIDENT being authorized to do so, executed the foregoing instrument for the purposes therein contained. He/she/they is (are) personally known to me. VALERA KRISTOF JeWia, 7$ N. NOTARY PUBLIC .1 STATE OF FLORIDA VALERA KRISTOF %.,l7 DM,/ El COMM EXPIRES: 09/19/23 EXPIRES: 09/19/2023 Document Prepared By: Dave LaRose/NTC, 2100 Alt. 19 North, Palm Harbor, If 34683 (800)346-9152 PMAC I 1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) MIN MERS PHONE MERS Mailing Address: P.O. Box 2026, F i n, MI 4850 2026 DOCR T082109-12:16:46 [C-1] EFRMCAL Order: 240152189 Page 2 of 2 Requested By: sarah.rangel, Printed: 3/15/2024 10:01 AM Doc: CALOSA:2021 01373679 EXHIBIT “6” January 17, 2024 Christian Hernandez Nadia Pubill 206 East 79th Street Los Angeles, CA 90003 Re: Property Address: 206 and 208 East 79th Street, Los Angeles, CA 90003 Our File: B75773-1 Dear Mr. Hernandez and Ms. Pubill: Our office represents PennyMac Loan Services, LLC (“PennyMac”) holder of a loan in the amount of $422,211.00 secured by a Deed of trust dated May 20, 2015 and recorded on June 1, 2015 as Instrument No. 20150638026 the Official Records of Los Angeles, California (the “Deed of Trust”). The Deed of Trust encumbers the real property commonly known as 206 and 208 East 79th Street, Los Angeles, CA 90003 (the “Property”). A true and correct copy of the Deed of Trust is attached to this letter as Exhibit “1”. Our client became aware that the Deed of Trust was recorded with an incorrect legal description. The legal description as recorded on the Deed of Trust reads as follows: LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGES 21 to 29 OF INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. The legal description of the Property should read as follows: LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CORPORATE OFFICE: 2112 Business Center Drive, Irvine, CA 92612 ♦ PH: 949‐252‐9400 ♦ FAX: 949‐252‐1032 With Offices in: Phoenix, AZ ♦ Riverside, CA ♦ Las Vegas, NV ♦ Lake Oswego, OR ♦ Dallas, TX ♦ Seattle, WA www.malcolmcisneros.com Page |2 The solution to correct the mistake is relatively simple. All that is needed is for you to execute the enclosed Modification of Deed of Trust. As you read the documents, you will understand that their only purpose is to ensure the chain of title is corrected to reflect the correct legal description of the Property. It will be necessary for you to execute the document in the presence of a notary. If you need assistance in obtaining a notary, please do not hesitate to contact the undersigned. For your convenience, enclosed please find a self-addressed return envelope. Once the Modification of Deed of Trust is properly executed and notarized, please return the same to me in the enclosed pre-paid envelope within 15 days. If we do not receive the document within 15 days, our firm will proceed with a lawsuit to reform the legal description. All legal fees incurred in the prosecution of this lawsuit will be added to your account pursuant to the terms of the Note. Very truly yours, MALCOLM ♦ CISNEROS Nicolas Matayron, Esq. Enclosures NM/rt CORPORATE OFFICE: 2112 Business Center Drive, Irvine, CA 92612 ♦ PH: 949‐252‐9400 ♦ FAX: 949‐252‐1032 With Offices in: Phoenix, AZ ♦ Riverside, CA ♦ Las Vegas, NV ♦ Lake Oswego, OR ♦ Katy, TX ♦ Seattle, WA www.malcolmcisneros.com February 22, 2024 Christian Hernandez Nadia Pubill 206 East 79th Street Los Angeles, CA 90003 Re: Property Address: 206 and 208 East 79th Street, Los Angeles, CA 90003 Our File: B75773-1 Dear Mr. Hernandez and Ms. Pubill: As you are aware, our office represents PennyMac Loan Services, LLC (“PennyMac”) holder of a loan in the amount of $422,211.00 secured by a Deed of trust dated May 20, 2015 and recorded on June 1, 2015 as Instrument No. 20150638026 the Official Records of Los Angeles, California (the “Deed of Trust”). The Deed of Trust encumbers the real property commonly known as 206 and 208 East 79th Street, Los Angeles, CA 90003 (the “Property”). We are writing to follow up on our January 17, 2024 correspondence (“Letter”), which enclosed for ease of reference, wherein we advised that the Deed of Trust was recorded with an incorrect legal description. The legal description as recorded on the Deed of Trust reads as follows: LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGES 21 to 29 OF INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. The legal description of the Property should read as follows: LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CORPORATE OFFICE: 2112 Business Center Drive, Irvine, CA 92612 ♦ PH: 949‐252‐9400 ♦ FAX: 949‐252‐1032 With Offices in: Phoenix, AZ ♦ Riverside, CA ♦ Las Vegas, NV ♦ Lake Oswego, OR ♦ Dallas, TX ♦ Seattle, WA www.malcolmcisneros.com Page |2 Further, the Letter set forth the solution to correct the mistake, through a Modification of Deed of Trust. As discussed, the Modification of Deed of Trust needs to be executed in the presence of a notary. Please note that if we do not receive the document within 15 days, our firm will proceed with a lawsuit to reform the legal description and you will be named as a party to the action. All legal fees incurred in the prosecution of this lawsuit will be added to your account pursuant to the terms of the Note. Very truly yours, MALCOLM ♦ CISNEROS Nicolas Matayron, Esq. Enclosures NM/rt CORPORATE OFFICE: 2112 Business Center Drive, Irvine, CA 92612 ♦ PH: 949‐252‐9400 ♦ FAX: 949‐252‐1032 With Offices in: Phoenix, AZ ♦ Riverside, CA ♦ Las Vegas, NV ♦ Lake Oswego, OR ♦ Katy, TX ♦ Seattle, WA www.malcolmcisneros.com EXHIBIT “7” When recorded mail to: Malcolm Cisneros, A Law Corporation ATTN: Title Department 2112 Business Center Drive Irvine, CA 92612 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE A.P.N. 6030-002-014 This page is attached to document entitled: DEED OF TRUST The enclosed Deed of Trust is being submitted for re-recording for the purpose of correcting the legal description that was included in the original recording of the Deed of Trust recorded on June 1, 2015 as Instrument 20150638026, Official Records of Los Angeles County. The Legal Description is as follows: LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Order: 220518569 Page 1 of 10 Requested By: helennguyen, Printed: 9/1/2022 10:57 AM Doc: CALOSA:2015 00638026 LOT 254 OF TRACT NO. 1889, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Order: 220518569 Page 10 of 10 Requested By: helennguyen, Printed: 9/1/2022 10:57 AM Doc: CALOSA:2015 00638026