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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-24-2012 8:58 am .
Case Number: CGC-12-522638
Filing Date: Aug-24-2012 8:58
Filed by: MICHAEL RAYRAY
Juke Box: 001 Image: 03737431
DECLARATION
RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al
001003737431
. | “_— |
Instructions:
Please place this sheet on top of the document to be scanned.LAW OFFICES OF RUSSELL DAVIS
Russell Davis (SB 177959)
29 Lakewood Avenue
San Francisco, CA 94109
Tel.: (415) 409-5627
Fax: (415) 520-2666
Attorneys for Plaintiff
THE SUPERIOR COURT OF SAN FRANCISCO COUNTY
UNLIMITED JURISDICTION
RODOLFO VELASQUEZ, ) ACTION NO.:
)
Plaintiff, ) Declaration of Russell Davis in
) Reply to Defenant’s Opposition to
vs. ) the Motion for Preliminary Injunction
J .
BANK OF AMERICA, et al )
DOES 1-100 ) Date: August 30, 2012
) Time: 9:30 am
Defendants. ) Dept. 302
)
Russell Davis declares:
1. Iam the attorney for the plaintiff in this matter. I have personal knowledge of the facts in this
declaration and if called to testify about them I would and could do so competently
2. I searched the CA Secretary of State’s website for information concerning America’s Wholesale
Lender. A copy of the search results is attached as exhibit 1 to this declaration. America’s
Wholesale Lender is identified as having active status with Nevada being its home jurisdiction. A
search of the Nevada Secretary of State’s website shows that America’s Wholesale Lender was a
domestic corporation that was dissolved on 9/20/2011. A copy of that search result is attached as
exhibit 2 to this declaration.
3. The beneficiary of the plaintiff's note is not identified as a corporate entity.
4. Attached as exhibit 3 to this declaration is a copy of a Notice of Default filed by Bank of America
and pertaining to the plaintiff's property at 58 Lobos Street, San Francisco, CA.
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I declare under penalty of perjury of the laws of the State of California that the foregoing is true and
correct.
Executed at San Francisco on August 22, 2012
Remetidevre
Russell DavisExhibit 1
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Business Entity Detail
Data is updated weekly and is current as of Friday, August 17, 2012. Itis nota
complete or certified record of the entity.
Entity Name: AMERICA’S WHOLESALE LENDER
Entity Number: C3426718
Date Filed: 11/09/2011
Status: ACTIVE
Jurisdiction: NEVADA
Entity Address:
Entity City, State, Zip:
17321 IRVINE BLVD STE 206
TUSTIN CA 92780
Agent for Service of Process: HOWARD BARNES
Agent Address: 17321 IRVINE BLVD STE 206
Agent City, State, Zip: TUSTIN CA 92780
* Indicates the information is not contained in the California Secretary of State's
database.
© If the status of the corporation is "Surrender," the agent for service of process
is automatically revoked. Please refer to California Corporations Code section
2114 for information relating to service upon corporations that have
surrendered.
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Copyright © 2012 California Secretary of State
Ve DYS eS
http://kepler.sos.ca.gov/cbs.aspxExhibit 2Entity Details - Secretary of State, Nevada
http://nvsos.gov/sosentitysearch/PrintCorp.aspx?Ix8nvq=MV%2bk...
AMERICA'S WHOLESALE LENDER
Business Entity Information
Status: Dissolved File Date: 9/20/2011
Type: Domestic Corporation Entity Number: E0524332011-9
Qualifying State: | NV pistof Officers | 9302012
[Managed By: Expiration Date:
INV Business ID: | NV20111607100 bee Ficense foso012
Registered Agent Information
. GKL REGISTERED . 1000 EAST WILLIAM.
Name: AGENTS/FILINGS, Inc. [“4dress 1: STREET STE 204
Address 2: City: CARSON CITY
State: NV_ Zip Code: 89701
Phone: Fax:
Mailing Address 1: Mailing Address 2:
Mailing City: Mailing State: NV
Mailing Zip Code:
[Agent Type: Commercial Registered Agent - Corporation
Jurisdiction: NEVADA Status: Active
Financial Information
No Par Share 1,000,000.00 Capital Amount: | $ 0
Count:
No stock records found for this company
1 of 2
Officers Include Inactive Officers
President - HOWARD BARNES
[Address 1: 17321 IRVINE BLVD. Address 2: SUITE 206
City: TUSTIN State: CA
Zip Code: 92780 (Country:
Status: (Active Email: _
Treasurer - HOWARD BARNES
[Address 1: 17321 IRVINE BLVD. Address 2: SUITE 206
City: TUSTIN State: CA
Zip Code: 92780 Country: | .Entity Details - Secretary of State, Nevada http://nvsos.gov/sosentitysearch/PrintCorp.aspx?Ix8nvq=MV%2bk...
[Status: Active . Email: |
Secretary - SEAN NGUYEN
Address 1: 1321 S WINCHESTER BLVD. {Address 2: #245
City: SAN JOSE State: CA
Zip Code: 95128 (Country:
Status: Active Email:
Director - SEAN NGUYEN
Address 1: 1321 S. WINCHESTER BLVD. |Address 2: #245
City: SAN JOSE State: CA
Zip Code: 95128 (Country:
Status: Active Email:
Actions\Amendments
[Action Type: Articles of Incorporation
[Document Number: | 20110681253-29 # of Pages: 1
File Date: 9/20/2011 Effective Date:
Initial Stock Value: No Par Value Shares: 1,000,000
Jana------------ nnn nnn nnn nnn anne ne nen ennnnnnnnnnenenenenneeeeeenen Total Authorized Capital: $ 0.00
Action Type: Initial List
[Document Number: | 20110792332-30 # of Pages: 1
File Date: 11/1/2011 Effective Date:
|(No notes for this action) . 8
Action Type: Amended List
[Document Number: | 20120011158-91 i# of Pages: 1
File Date: 1/6/2012 Effective Date:
(No notes for this action)
Action Type: Dissolution
Document Number: | 20120543853-83 # of Pages: 1
File Date: 8/6/2012 Effective Date:
(No notes for this action)
2of2 : 8/22/2012 4:Exhibit 3ee e@
Hn
San Francisco Assessor-Recorder
Recording requested by: Phil Ting, Assessor-Recorder
Quality Loen Service Corp DOC~"2012-J402508-00
When recorded mail to: Friday. APR 27. 202 10:47:08
Maihaces TEL Pd $23.00. Rept # 0004203778
San Diego, CA 92101 REEL K635 IMAGE 0352
, OTe
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TS No.: CA-10-411212-VF : Space above this line for Recorder's use
Order No.: 100758991-CA-GT1
"APN No.: 42-7094 -009-01 For informational purposes only APN #: 42-7094 -009 -Ot
Street Addres:
58 LOBOS STREET
SAN FRANCISCO, CA 94112
IMPORTANT NOTICE
NOTICE OF DEFAULT AND ELECTION TO SELL
UNDER DEED OF TRUST
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE
BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY
COURT ACTION, and you may-have the legal right to bring your account in good standing by
paying all of your past due payments plus permitted costs and expenses within the time permitted by law
for reinstatement of your account, which is normally five business days prior to the date set for the sale
of your property. No sale date may be set until approximately 90 days from the date this Notice of ©
Default may be recorded (which date of recordation appears on this notice). This amount is $21,610.92
as of 4/24/2012 and will increase until your account becomes current.
While your property is in foreclosure, you still must pay other obligations (such as insurance and
taxes) required by your note and deed of trust or mortgage. If you fail to make future payments on the
Joan, pay taxes on the property, provide insurance on the property, or pay other obligations as required in
the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to
reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a
condition of reinstatement that you provide reliable written evidence that you paid all senior liens,
property taxes, and hazard insurance premiums.
Upon your written request, the beneficiary or mortgagee will give you a written itemization of the
entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even
though full payment was demanded, but you must pay all amounts in default at the time payment is made.
However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the
notice of sale is posted (which may not be earlier than three-months after this Notice of Default is
recorded) to; among other things, (1) provide additional time in which to cure the default by transfer of
the property or otherwise; or (2) establish a schedule of payment’s in order to cure your default; or both
(1) and (2).TS No.: CA-10-411212-VF
* Following the expiration of the time period referred to in the first paragraph of this notice, unless
the obligation being foreclosed upon or a separate written agreement you and your creditor
permits a longer period, you have only the legal right to stop the sale of your property by paying the
entire amount demanded by your creditor. :
‘To find out the amount you must pay, or arrange for payment to stop the foreclosure, or if your property
is in foreclosure for any other reason, contact:
BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP
C/O Quality Loan Service Corp:
2141 Sth Avenue
San Diego, CA 92101
619-645-7711
If you have any questions, you should contact a lawyer or the governmental agency which ‘may have
insured your loan, Notwithstanding the fact that your property is in foreclosure, you may offer your
property for sale provided the sale is concluded prior to the conclusion of the foreclosure.
acriemember YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT
NOTICE IS HEREBY GIVEN: That the undersigned is either the original trustee, the duly
appointed substituted trustee, or acting as agent for the trustee or beneficiary under a Deed of Trust dated
2/9/1999, executed by RODOLFO JUEZ , AN UNMARRIED MAN, as Trustor, to secure
certain obligations in favor of AMERICA'S WHOLESALE LENDER, as beneficiary, recorded
2/23/1999, as Instrument No. 99-GS19470-00, in Book H327 Page 0099 of Official Records in the
Office of the Recorder of SAN FRANCISCO County, California describing land therein: as more
fully described in said Deed of Trust.
Said obligations including 1 NOTE(S) FOR THE ORIGINAL sum of $150,000.00, that the beneficial
interest under such Deed of Trust and the obligations secured thereby are presently held by the
beneficiary; that a breach of, and default in, the obligations for which such Deed of Trust is security has
occurred in that payment has not been made of:
The installments of principal and interest which became due on 9/1/2010, and all subsequent installments
of principal and interest through the date of this Notice, plus amounts that are due for late charges,
delinquent property taxes, insurance premiums, advances made on senior liens, taxes and/or insurance,
trustee’s fees, and any attorney fees and court costs arising from or associated with the beneficiaries
efforts to protect and preserve its security, all of which must be paid as a condition of reinstatement,
including all sums that shall accrue through reinstatement or pay-off Nothing in this notice shall be
construed as a waiver of any fees owing to the Beneficiary under the Deed.of Trust pursuant to the terms
of the loan documents.
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TS No.: CA-10-411212-VF
That by reason thereof, the present beneficiary under such deed of trust, has executed and
delivered a written Declaration of Default and Demand for same, and has declared and does hereby
declare all sums secured thereby immediately due and payable and has elected and does hereby elect to
cause the trust property to be sold to satisfy the obligations secured thereby.
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14| wiz. "+ Quality Loan Servife g
If you have previously been discharged through bankruptcy, you may~have-béen released of personal
liability for this loan in which case this letter is intended to exercise the note holders’ rights against the
real property only.
THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
: OBTAINED WILL BE USED FOR THAT PURPOSE.
As required by law, you are hereby notified that a negative credit report reflecting on your credit record
may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligation.