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MOSS & MURPHY 3pm.; GDtJNTY
ATTORNEYS AT LAW . l
GLENN L. Moss (Sr/m; BAR No.44307) MAY: 3 ii 20'8
1297 B STREET
HAYWARD, CA 94541
TELEPHONE: (510) 583-1 155
FAX: (510) 318-1299
m-‘m@pacbell.net
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Attorney for Plaintiff Eve Sutton
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO iiiiiiiiiiii1
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CW535928
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1180180
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ID
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EVE SUTTON, individually and as TRUSTEE Case N0.: CIV 535928 1
p...
N OF THE EVE ESTHER SUTTON LIVING
PLAINTIFF EVE SUTTON’S
TRUST DATED JUNE 16, 2006
13 DECLARATION IN OPPOSITION TO
DEFENDANT EAGLE VISTA EQUITIES,
l4 Plaintiff’ LLC’S
MOTION FOR SUMMARY
15
JUDGMENT AND/OR SUMMARY
vs '
, ADJUDICATION ‘
16
HSBC BANK USA, AS TRUSTEE OF THE
[Opposition to Motion for Summary Judgment
\] WELLS FARGO MORTGAGE BACKED
and/or Summary Adjudication,
SECURITIES 2006—AR16, WELLS FARGO
Evidence In Opposition OfMotion (Declaration
00
BANKg N.A., EAGLE VISTA EQUITIES
_
LLC, FIRST AMERICAN TRUSTEE
ove Sutton). and Request For Judicial Notice
l9 filed concurrently herewrthj
SERVICING-SOLUTIONS LLC. DOES ]_25
20 Date: June 15, 2018
2] Defendants. Time: 9:00 am.
>
Dept: Law and Motion
22
23
DECLARATON OF EVESUTTON, PLAINTIFF
24
l, I, Eve Sutton, am the plaintiffin this action. I make this declaration in opposition to
25
Eagle Vista Equities, LLC’s Motion for Summary Judgment Or In The Alternative Motion For
26 the Court to take judicial notice ofthe attached true and accurate
Summary Adjudication. I ask
27 copies of documents in support ofthis declaration, listed below. of
1 have personal knowledge
E
28
the facts set forth below and if called to testify could and would state as follows:
Plaintiff Eve Sutton‘s Declaration Opposing Eagle Vista’s MSJ May 30. 2018 1
THE ATTACHED TRUE AND ACCURATE COPIES OF DOCUMENTS ARE
RELEVANT TO MY CASE
AWN
EXHIBIT A: Deed of Trust for a home loan with Wells Fargo Bank, N.A., signed -
August 29, 2006 and recorded September 6, 2006 as Document 2006-133915. The Deed of
Trust names Eve Sutton as Borrower, Wells Fargo Bank, NA as Lender, and Fidelity National
Title Insurance Company as Trustee. 24 pages.
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EXHIBIT B: SEC documents. Pages from the website cf the Securities and Exchange
Commission, taken from the Free Writing Prospectus (Sept 19, 2006) and Forms 8K and 10K
11 (Dec 31, 2006), showing loan #0154919419 was transferred in September, 2006 to HSBC as
12 Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass—Through Certificate Series
13 2006—AR16. 5 pages.
14
'
15 EXHIBIT C: Two recorded Assignments 0f Deed of Trust. The 2009 Assignment was
16 signed May 17, w, showing Wells Fargo Bank, N.A., transferred the loan to “HSBC as
17 Trustee for Wells Fargo Asset Securities Corporation, Mortga” (sic), and was recorded May 20,
18 M as Document 2010—055404. [This is the first Assignment to be signed, although it was
19 recorded later.] The 2010 Assignment was dated April 10, 2010 and was recorded April 26, ~
20 2010 as Document 201 0-044816, stating Wells Fargo Bank, N.A., transferred the loan to “HSBC
21 as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificate
22 Series 2006—AR16.” 2 pages.
23
24 EXHIBIT D: Chapter 13 bankruptcy documents for Case #10—3-11288FC13,f11ed
25 March 31, 2010. Summary ofthe case showing filing and discharge dates-(1 page); Proof of
26 Claim for creditor HSBC, showing arrears of$QQQ as of April 13, 2010 (2 pages);
27 Confirmation of bankruptcy plan (1 page); Congratulations on successful completion of plan,
28 with $480 refund after paying all creditors and court costs (1 page). 5 pages total.
Plaintifve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 2
EXHIBIT E: Trustee’s Deed Upon Sale recorded July 16, 2015 as Document 2015—
075095, showing the seller was First American 'l‘rustee Servicing Solutions LLC. although the
title was held by Fidelity National and the loan was held by HSBC as Trustee for Wells Fargo
Asset Securities Corporation, Mortgage Pass-Through Certificate Series 2006—AR16. 3 pages.
EXHIBIT F: Judge Lee’s Order denying MSJ. Judge Lee’s Order Denying Eagle
Vista’s Motion For Summary Judgment And Denying Alternative Motion For Summary
0000\10
Adjudication OfIss‘ues, filled December 16, 2015 for related UD case CLJZI 1439. 3 pages.
EXHIBIT G: Judge Buchwald’s Statement of Decision for related UD case
11 CLJ211439, filed January 142, 2016 after a 3-day trial‘ (December 7-9, 2015), finding a
12 preponderance of evidence (page 6) that “Ms. Sutton will have a reasonable likelihood to prevail
13 in establishing that the company which recorded the notice of default in 2009 and which
14 conducted the trustee sale lacked the lawful authority to conduct the sale.” 8 pages.
16 EXHIBIT H: Excerpts from “www.wedgewood-inc.com” with statements describing
17 Wedgewood’s network of businesses. 4 pages.
18
19 EXHIBIT 1: List of 200 LLC’s, mostly real estate investment companies, with the same
20 address as Wedgewood. List includes Eagle Vista Equities, LLC. 24 pages.
21
22 EXHIBIT J: List of PACER cases. Approximately 300 cases in state and federal \
23 judicial systems naming Wedgewood, Eagle Vista, and related LLCs. 10 pages.
24
25 EXHIBIT K: Wedgewood Business Card on Notice of Change of Ownership.
26 Business card of David Fitzsimmons, property supervisor for Wedgewood, attached to Notice of
27 Change of Ownership. posted on front door July 7, 2015. 1 page. ’
28
l
Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 3
EXHIBIT L: 3-day Notice to Quit, posted on front door, dated 7/17/2015, says Eagle
Vista Equities, LLC demands that I deliver up the property in 3 days, and pay $100 ifI am a
tenant. The only phone number is (310) 640-3070, which a search online identifies as
Wedgewood, 2015 Manhattan Beach Blvd, Suite 100, Redondo Beach, CA 90278. 2 pages.
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EXHIBIT M: Complaint for UD and demand for payment. Unlawful Detainer
Complaint, dated July 22. 2015 and posted on my door at 7:20pm Friday August 14, 2015.
Page 2 calculates Eagle Vista’s “damages” at $91.67 per day, based on $2750 per month as
“reasonable rental rate” for occupying my property. Page 4 has a paragraph (also added to
'
ExhibitN: UD Summons) allowing 30 days for debt verification. 1 1 pages.
EXHIBIT N: UD Summons—Eviction (Debt Verification),yfiled July 22, 2015 with San
Mateo County Superior Court, and posted On my door at 7:20pm Friday August 14, 2015. along
with Complaint for UD. Page 1 says I have 5 calendar days to respond to the court.
Page 2 has a paragraph added by the Law Offices ofSam Chandra, saying I have 30 days to
obtain debt verification by contacting his office, and his office has 30 days to respond with name
of current creditor, “ifthis or the attached documents demand any sum of money.” 2 pages.
/
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EXHIBIT 0: Order filed September 22, 2016 by Judge Buchwald for related UD case
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CLJ211439, approving stipulation re: Eagle Vista’s payment of property tax and mortgage.
Also allows FDCPA claim to move to Wrongful Foreclosure case. 3 pages.
EXHIBIT P: Property tax record showing Eagle Vista delinquent penalty and
redemption penalty to cure its default as of December 16, 2016. 1 page.
Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 4
EXHIBIT Q: Notice of Default (NOD) recorded December 4, 2009 as Document 2009—
158392, allegedly signed by “John Kennerty,” naming First American (not Fidelity National, not
HSBC) as Trustee (3 pages), with evidence on robo-signcr John Kennerty and widespread
use of his name by other robo—signers: 8 versions of signature and job title for “John
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Kennerty” from. unrelated foreclosure documents (1 page); details ofJohn Kennerty’s name in
robo-signing, from Lynn Szymoniak’s report on Judge Drain’s 2015 ruling in Florida
[“http://thj f.org/2OI5/02/05/we1ls-fargo-sti11-cheating—after-a11—these—years/ “] (4 pages); and the
first few pages ofa 2010 deposition by the real John Kennerty (cited by Judge Drain) where
Kennerty admits he signs 50—150 documents a day and does not actually have the duties ofa real
bank Vice—President (4 pages). 12 pages total.
EXHIBIT R: Substitution of Trustee, recorded a month fits); the NOD by [blank space]
on January 6, 2010 as Document 2010—00 121 1, stating that Wells Fargo (not HSBC) substitutes
First American to replace Fidelity National, that notary M. Bartis certifies Chet Seonyers
personally appeared to execute the document Jan 4, 2010 in Tarrant, Texas, and while the notary
was in Texas, the document was executed the next day (1/5/2010) in California (4 pages); and
NNNNNNNNN~_.._.._.__.._.._.._._.
evidence from Texas Secretary of State website: Commission of Texas notary M. Bartis (1
page), and addresses of First American Vice-Presidents including Chet Sconyers in Santa Ana,
CA (2 pages). 7 pages total.
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EXHIBIT S: Eve Sutton’s Certificate of Texas Notary Public Training, dated May 5.
2015. 1 page.
EXHIBIT T: Texas notary handbook, 2010 (the year M. Bartis notarized the
Substitution of Trustee), explaining that Texas notaries have statewide jurisdiction, they must
personally witness the signature, and the notary seal (rubber stamp) must neither leave their
control nor be used by any other person. 16 pages.
Plaintifve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 5
EXHIBIT U: Unrecorded, Unauthorized Notices of Trustee Sale, prompting Sutton to
N file for Chapter 13 bankruptcy to prevent illegal trustee sale: Notice ofTrustee Sale scheduled
'
for March 25, 2010 at courthouse in San Jose (Santa Clara County), which First American
mailed but did not record (1 page); and public notice oftrustee sale scheduled for April 1, 2010
at Redwood City courthouse (San Mateo County), published in San Francisco Examiner but not
mailed to the house and not recorded (2 pages). 3 pages total.
EXHIBIT V: Notice of Trustee Sale recorded March 20, 2015 as Document 2015—
026314 (2 pages), and evidence from CA Secretary of State regarding unauthorized company
names on the NOTS: California prohibits the use of“Trustee” in the company name of LLC’s
‘
(2 pages); First American should have used one ofits California names [“First American
Loanstar Services, LLC” or “First American Servicing Solutions, LLC”] (1 page); and the
company named on page 2 for publishing the NOTS [“Nationwide Posting and Publications.
Inc.”] was dissolved from 1994 until 4/12/2018 (1 page). 6 pages total.
EXHIBIT W: Photos of Bidder and Cryer at auction, showing how close Eve Sutton
was standing as she tried to stop the sale. 3 pages.
Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 6
Fact #1: THE TRUSTEE SALE IS VOID BECAUSE
FIRST AMERICAN WAS NOT AUTHORIZED TO TRANSFER TITLE
1. On August 29, 2006, I refinanced my primary home loan with Wells Fargo Bank.
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The Deed of Trust lists the Borrower as Eve Sutton, the Lender as WELLS FARGO BANK,
NA, and the Trustee as FIDELITY NATIONAL TITLE INSURANCE COMPANY.
[EXHIBIT A: Deed of Trust]
2. A fortnight after refinancing with Wells Fargo, my home loan was transferred to a
mortgage—backed security trust (the Trust). The Trust listed my loan in its Free Writing
Prospectus dated September 19, 2006. From September, 2006 until July 2, 2015, the beneficiary
1o of my home loan was HSBC as Trustee for Wells Fargo Asset Securities Corporation, Mortgage
11 Pass-Through Certificate Series 2006-AR16. [EXHIBIT B: SEC documents]
12 3. Although SEC documents show the loan was securitized in 2006, the Assignment was
13 not recorded until 2010. Actually, two Assignments were recorded. The 2009 Assignment of
14 Deed of Trust has a document date of May 17, m and was recorded May 20, m. This 2009
15 Assignment “transferred the loan to I-ISBC as Trustee for Wells Fargo Asset Securities
16 Corporation, Mortga” (sic). The 2010 Assignment is dated April 15, 2010 and was recorded
17 April 26, 2010, stating Wells Fargo Bank, NA, transferred the loan to “HSBC as Trustee for
18 Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificate Series 2006-
19 AR16.” [EXHIBIT C: Two recorded Assignmcnts]
20 4. At all times since September, 2006, title to the property was held by HSBC. At no
21 time did HSBC record a Substitution ofTrustee. The original trustee, Fidelity National Title
22 Insurance Company, was the’only entity authorized to record a Notice of Default and was the
23 only entity authorized to conduct a Trustee Sale.
24 5. In 2009-2010, a stranger to the loan, First American, prepared to conduct a trustee
25 sale. In Fact #6, I discuss First American’s'unrecorded notices, which prompted me to file for
26 Chapter 13 bankruptcy on March 31, 2010 to protect my property fi‘om unauthorized sale. The
27 point here is that when I filed for bankruptcy, the only creditor to file a Proof of Claim was
28 HSBC. Page 1 ofthe Proof of Claim shows my creditor’s name: HSBC as Trustee for Wells
\
Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 7
Fargo Asset Securities Corporation, Mortgage Pass-Through Certificate Series 2006-AR16. On
page 2 ofthe Proof of Claim, HSBC states my arrears Were $000 (no arrears) as of April 13,
2010. Although I had missed some payments because ofjob layoffs during the recession, HSBC
had arranged a “piggyback” to add that amount to the principal ofthe loan, so I was current on
my payments. In 201 my payment plan was confirmed by the bankruptcy judge. I made all
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1,
payments according to the confirmed plan. 1 received a letter ofcongratulations for the
successful completion ofthe bankruptcy in 2013. Attached to that letter was a refund check for
$480, the surplus after paying all creditors and court costs. Therefore 1 was confident my
problems with the threatened, unauthorized trustee sale had been resolved.
[EXHIBIT D: Chapter 13 documents; Proof of Claim for creditor HSBC]
6. More than a year after the bankruptcy was completed. First American conducted an
unauthorized trustee sale. First American sold the property to Eagle'Vista Equities, LLC at
‘
auction on July 2, 2015. The Trustee’s Deed Upon Sale states that First American “does hereby
grant and convey, but without warranty, expressed or implied, to EAGLE VISTA EQUlTlES,
LLC (herein called Grantee), all of its [First American’s] right, title and interest in and to that
certain property...” followed by the property description. This means the sale is VOID. Nothing
is granted (no right, no title, no interest), because First American had no right, no title, and no
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interest to convey. [EXHIBIT E: Trustee’s Deed Upon Sale]
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7. My first concern after the trustee sale was fending off Eagle Vista’s attempt to evict
me. My Unlawful Detainer case CLJ21 1439 commenced July 22, 2015. The arrangements
which stabilized my occupancy in my home are discussed in 11
#1 1. Meanwhile, this Wrongful
Foreclosure lawsuit, case CIV535928. commenced October 21. 2015. (My motion to consolidate
the UD case with the Wrongful Foreclosure case was denied, so the cases continue separately.)
Fact #2: THE NOTICE ‘OF DEFAULT WAS OUTDATED AND UNAUTHORIZED
8. The NOD has two striking irregularities: It was about six years old at the time ofthe
trustee sale, and it was unauthorized. HSBC never changed or removed Fidelity National as
trustee. Fidelity National was the trustee holding title to the property, and l-lSBC held the loan,
Plaintifve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 8
H until First American sold the property to Eagle Vista Equities, LLC at auction on July 2, 2015.
These two facts should have alerted the buyer that the sale would be void. I discuss the NOD in
more detail under Fact #6. [EXHIBIT Q: Notice of Default (NOD)]
9. On November 16 and November 25, 2015, Judge Elizabeth Lee considered Eagle
Vista’s Motion for Summary Judgment (or, in the alternative, summary adjudication of issues)
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for the Unlawful Detainer case. Judge Lee DENIED Eagle Vista’s motions, and ruled that there
were triable issues of fact, which led us to the Unlawful Detainer trial. One ofthe triable issues
was whether a trustee sale should be stopped when the Notice of Default is several years old.
[EXHIBIT F: Judge Lee’s Order denying Eagle Vista’s MSJ.]
10. The 3—day Unlawful Detainer trial was held December 7-9, 2015. Judge Buchwald
was presented with many ofthe documents attached to this Declaration. In his ruling (page 6),
“the Court finds that there was an extensive delay from the time the Notice of Default was
recorded and the time the property was sold. This extensive delay may also provide a
promissory estoppel basis for setting aside the wrongful foreclosure case.” In the context ofthe
. UD trial, Judge Buchwald was not asked to consider the Chapter 13 bankruptcy documents in
detail. However, he did consider the recorded documents which Eagle Vista would have
encountered in the County Records, and which I discuss at length in Fact #6 ofthis Declaration.
[EXHIBIT G: Judge Buchwald’s Statement of Decision]
11. Judge Buchwald found a preponderance of evidence (page 6) that “Ms. Sutton will
have a reasonable likelihood to prevail in establishing that the company which recorded the
notice of default in 2009 and which conducted the trustee sale lacked the lawful authority to
conduct the sale.” In consideration of my likelihood to prevail, Judge Buchwald put a “stay” on
the eviction so I can live in my house, paying a monthly sum to Eagle Vista, while the Wrongful
_
Foreclosure case continues.
[EXHIBIT G: Judge Buchwald’s Statement of Decision]
Plaintifve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 9
p—d
Fact #3: NO PARTY CONNECTED TO MY LOAN EVER RECORDED A
NOTICE OF DEFAULT
12. I was especially harmed by the unwarranted trustee sale because it was conducted by
a stranger to my loan using a stale NOD. The rogue sale by First American did not cure any debt
that I owed. No new Notice of Default was issued after 2009. Neither HSBC nor Fidelity
National instigated a trustee sale. Therefore, the Trustee’s Deed Upon Sale should be cancelled.
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Fact #4: EAGLE VISTA VIOLATED FAIR DEBT COLLECTION PRACTICES
13. Eagle Vista Equities, LLC is registered as an independent company, not a branch or
division of Westwood, Inc. The Corrected Declaration of Sherri Crandall says Wedgwood is the
non-member manager of Eagle Vista. [Corrected Decl of Sherri Crandall, 1] #3]
14. We must note that Eagle Vista Equities, LLC is part ofa multi—state network of real
estate investment companies and other business partners affiliated with Wedgewood, Inc.
Executives in these companies have been “flipping” foreclosed properties and collecting debt for
30 years. They are very experienced, very well funded, and should be very aware ofthe law. I
did not find a separate website for Eagle Vista Equities, LLC. Therefore I am attaching excerpts
from the website for Wedgewood, Inc. along with documents from other sources that informed
me about Eagle Vista Equities, LLC, and the network with which Eagle Vista is affiliated.
[EXHIBIT H: Excerpts from “www.wedgewood-inc.com”]
[EXHIBIT I: List of 200 LLC’s related to Wedgewood, Inc.]
[EXHIBIT J: List of PACER cases]
15. For some weeks after the sale, I was not sure who had purchased the house.
16. During the auction, I stood within inches ofthe bidder, and from that position I
caught a glimpse ofa paper he held. The letterhead said WEDOEWOOD across the top. The
Declaration of Sherri Crandall confirms that the bidder was an employee ofWedgewood.
“James Colachis was an employee of Wedgewood on July 2, 2015 and was Eagle Vista’s
representative at the trustee sale.” [Corrected Decl of Sherri Crandall, 1W5]
17. On July 7, 2015 David Fitzsimmons, property supervisor for Wedgewood, posted on
my door a “NOTICE OF CHANGE OF OWNERSHIP OF PROPERTY” saying Eagle Vista
Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 10
Equities, LLC had purchased my property July 2, 2015. His Wedgewood business card was
attached. There was no separatei'contact information for Eagle Vista Equities, LLC.
[EXHIBIT K: Wedgewood Card on Notice of Change of Ownership]
18. The Trustee’s Deed Upon Sale recorded July 16, 2015 says the property was sold to
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Eagle Vista Equities, LLC. The address is the same aslthe Wedgewood address from the
business card of David Fitzsimmons. [EXHIBIT E: Trustee’s Deed Upon Sale]
19. On or around July 17, 2015 a “3—day Notice to Quit” was posted on my front door,
dated 7/17/2017, demanding 1 “deliver up” the property in 3 days. The 3—day notice also
demanded 1 pay $100 ifrenting as a tenant. The only phone number on the 3-day Notice is
(310) 640-3070, which a search online identified as the phone number for Wédgewood, 2015
Manhattan Beach Blvd, Suite 100, Redondo Beach, CA 90278. 1 did not have any separate,
specific contact information connected to Eagle Vista Equities, LLC.
[EXHIBIT L: 3-day Notice to Quit]
20. At 7:20pm Friday evening, August 14, 2015 a man came to my door and posted a
Complaint for Unlawful Detainer (1 1 pages) which has several documents in one packet, filed
July 22, 2015 with San Mateo County Superior Court. Page 1 says Eagle Vista Equities, LLC
says I have overstayed the 3 days from the Notice to Quit. Page 2 calculates Eagle Vista’s
“damages” at $91.67 per day, based on $2750 per month as “reasonable rental rate” for
NNNNNNNNNH—I—-———-————‘
occupying my property. At the same time, he posted a Summons for Unlawful Detainer—Eviction
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(2 pages), also filed July 22, 2015 with San Mateo County Superior Court. The front page says
that I have 5 calendar days to respond to the court using the proper form about the Unlawful
Detainer. The next page contains a paragraph added by the Law Offices of Sam Chandra, APC,
saying 1 have 30 days to obtain debt verification. and 1 should wait 30 days for his reply.
[EXHIBIT M: Complaint for UD and demand for payment]
[EXHIBIT N: UD Summons—Eviction (Debt Verification)]
‘I
21. ask the Court to examine the conflicting instructions on the Summons for Unlawful
Detainer—Eviction: 5 calendar days to file a written response to the court with a proper legal form
(really 2 days, as the notice was delivered 7:20pm on a Friday evening), vs. 30 days to contact
Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 11
._‘
the Eagle Vista office obtain debt verification, plus 30 days to receive the name of my creditor.
Instructions are further confounded by statements on Page 4 ofthe l l-page @mplaint for
Unlawful Detainer. Of course I was confused. I did not believe I owed any rent, because I knew
the property had been sold illegally and I was confidentI could prove the foreclosure documents
were fraudulent. (As I explain under Fact #6, I had already done much of the document
investigation that I would expect any buyer to perform as “due diligence” before bidding on the
V
property.) I was ready to investigate this “debt verification” at a normal pace within the 30—day
time limit. But my foreclosure—fighting friends urged me to retain a good lawyer right away,
because I was in danger of eviction and total loss ofthe property. I survived only because my
friends referred'me to Mr. Moss. Mr. Moss was quick to warn me about the immediate danger of
eviction so I could respond to the court promptly and correctly, despite the misleading statements
that Eagle Vista’s attorney had included about debt verification.
22. I have endured three years in court, constantly preoccupied with the effon and
expense resulting from Eagle Vista’s purchase ofmy property. A calm, rational verification of
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debt in the summer of 2015 would have resolved the issues administratively, saving untold grief
and tremendous expense. I expect the trial in September, 2018 will cost me several thousand
dollars in addition to what I have spent to date. My legal expenses related to the actions of Eagle
Vista Equities, LLC (court fees, attorney fees, document production, out-‘of—pocket expenses)
NNNNNNNNNHAHHH_._.HH~
already total more than $60,000.
Fact #5: I AM OFFERING FULL TENDER OF THE PAYMENT MADE AT AUCTION
23. According to the Corrected Declaration submitted by Eagle Vista, and the Receipt of
Funds submitted by Eagle Vista, an employee of Wedgewood tendered $385,000 at the auction,
after which $3,208.99 was refunded. The Trustee’s Deed Upon Sale shows the Eagle Vista paid
$381,791.01 for my property.
[Corrected Decl of Sherri Crandall, 11 #5 and Eagle Vista’s Exhibit D: Receipt of Funds]
[EXHIBIT E: Trustee’s Deed Upon Sale]
Plaintifve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 12
24. I am offering tender of the payment made at auction (the full 1$3 85,000) in return for
clear title to the property at 216 Daphne Way, East Palo Alto, CA 94303. Details ofthe offer
are in a separate declaration.
25. I request an accounting from Eagle Vista, to verify that Eagle Vista has kept current
on property tax and mortgage payments from July, 2015 to the date the property is transferred to
me or to the non—profit land trust. I have paid Eagle Vista Equities, LLC on time every month
since December, 2015. At our status hearing September 21, 2016, 1 showed that Eagle Vista had
failed to pay property taxes. The parties agreed, and Judge Buchwald ordered, that my payments
to Eagle Vista (even those which had been sent via the Law Offices of Sam Chandra) should be
used by Eagle Vista “for payment of property taxes, interest expense, and loan payments on the
premises.” 1 have verified the delinquent property taxes were brought current, including the
penalty for late payment. I have also verified that property taxes are now being paid timely.
But 1 don’t know whether Eagle Vista is making timely mortgage payments. Any deficiencies
should be cured by Eagle Vista, so 1 will not be held liable.
[EXHIBIT 0: Order filed September 22, 2016 re: Eagle Vista’s payment of property tax
Y
and mortgage]
[EXHIBIT P: Property tax record December 16, 2016]
Fact #6: EAGLE VISTA FAILED AT DUE DILIGENCE
26. Any real estate broker is expected to check the most basic aspects of the purchase
before bidding on the property: Who owns the property? Is the title unbroken? Are there liens
on the property? Will anything hinder the sale?
27. Given Wedgewood’s 30-year history of buying and flipping thousands of properties
for real estate investors, and given Wedgewood’s vast network dwell-funded partners in
“vertically—integrated” businesses, Wedgewood or any of its related LLC’s should be expected to
investigate even more thoroughly than the average broker. “Due diligence” includes searching
through public documents, paying careful attention to authentic documents while ignoring
documents that are obviously fraudulent.
Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 13
28. I have purchased exactly ONE house and I have never taken a real estate course, but
I was able to assemble all the following evidence by doing my own research and soliciting
advice from friends. Eagle Vista had all the advantages I had, and many more, to discover all the
following evidence in advance of bidding on my property. Ifall else failed, at least the bidder
could have paid attention as I was standing right next to him at the auction, screaming that the
1
sale was illegal and was based on fraudulent documents!
ofthis evidence to Eagle Vista
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29. I sent much and Wedgewood attorneys in July, 2017
and January, 2018 so it should be familiar to them. First, as explained in Fact #1, only Fidelity
National was authorized to conduct a trustee sale, and only
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<9 mm tW’ e\\‘a.) V E L E E) Fammo 1 MOSS & MURPHY 3pm.; GDtJNTY ATTORNEYS AT LAW . l GLENN L. Moss (Sr/m; BAR No.44307) MAY: 3 ii 20'8 1297 B STREET HAYWARD, CA 94541 TELEPHONE: (510) 583-1 155 FAX: (510) 318-1299 m-‘m@pacbell.net ONOOONONUIbUJN Attorney for Plaintiff Eve Sutton Illllll SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO iiiiiiiiiiii1 ._4 CW535928 1| 1180180 >— .— ID D EVE SUTTON, individually and as TRUSTEE Case N0.: CIV 535928 1 p... N OF THE EVE ESTHER SUTTON LIVING PLAINTIFF EVE SUTTON’S TRUST DATED JUNE 16, 2006 13 DECLARATION IN OPPOSITION TO DEFENDANT EAGLE VISTA EQUITIES, l4 Plaintiff’ LLC’S MOTION FOR SUMMARY 15 JUDGMENT AND/OR SUMMARY vs ' , ADJUDICATION ‘ 16 HSBC BANK USA, AS TRUSTEE OF THE [Opposition to Motion for Summary Judgment \] WELLS FARGO MORTGAGE BACKED and/or Summary Adjudication, SECURITIES 2006—AR16, WELLS FARGO Evidence In Opposition OfMotion (Declaration 00 BANKg N.A., EAGLE VISTA EQUITIES _ LLC, FIRST AMERICAN TRUSTEE ove Sutton). and Request For Judicial Notice l9 filed concurrently herewrthj SERVICING-SOLUTIONS LLC. DOES ]_25 20 Date: June 15, 2018 2] Defendants. Time: 9:00 am. > Dept: Law and Motion 22 23 DECLARATON OF EVESUTTON, PLAINTIFF 24 l, I, Eve Sutton, am the plaintiffin this action. I make this declaration in opposition to 25 Eagle Vista Equities, LLC’s Motion for Summary Judgment Or In The Alternative Motion For 26 the Court to take judicial notice ofthe attached true and accurate Summary Adjudication. I ask 27 copies of documents in support ofthis declaration, listed below. of 1 have personal knowledge E 28 the facts set forth below and if called to testify could and would state as follows: Plaintiff Eve Sutton‘s Declaration Opposing Eagle Vista’s MSJ May 30. 2018 1 THE ATTACHED TRUE AND ACCURATE COPIES OF DOCUMENTS ARE RELEVANT TO MY CASE AWN EXHIBIT A: Deed of Trust for a home loan with Wells Fargo Bank, N.A., signed - August 29, 2006 and recorded September 6, 2006 as Document 2006-133915. The Deed of Trust names Eve Sutton as Borrower, Wells Fargo Bank, NA as Lender, and Fidelity National Title Insurance Company as Trustee. 24 pages. OOOONON EXHIBIT B: SEC documents. Pages from the website cf the Securities and Exchange Commission, taken from the Free Writing Prospectus (Sept 19, 2006) and Forms 8K and 10K 11 (Dec 31, 2006), showing loan #0154919419 was transferred in September, 2006 to HSBC as 12 Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass—Through Certificate Series 13 2006—AR16. 5 pages. 14 ' 15 EXHIBIT C: Two recorded Assignments 0f Deed of Trust. The 2009 Assignment was 16 signed May 17, w, showing Wells Fargo Bank, N.A., transferred the loan to “HSBC as 17 Trustee for Wells Fargo Asset Securities Corporation, Mortga” (sic), and was recorded May 20, 18 M as Document 2010—055404. [This is the first Assignment to be signed, although it was 19 recorded later.] The 2010 Assignment was dated April 10, 2010 and was recorded April 26, ~ 20 2010 as Document 201 0-044816, stating Wells Fargo Bank, N.A., transferred the loan to “HSBC 21 as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificate 22 Series 2006—AR16.” 2 pages. 23 24 EXHIBIT D: Chapter 13 bankruptcy documents for Case #10—3-11288FC13,f11ed 25 March 31, 2010. Summary ofthe case showing filing and discharge dates-(1 page); Proof of 26 Claim for creditor HSBC, showing arrears of$QQQ as of April 13, 2010 (2 pages); 27 Confirmation of bankruptcy plan (1 page); Congratulations on successful completion of plan, 28 with $480 refund after paying all creditors and court costs (1 page). 5 pages total. Plaintifve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 2 EXHIBIT E: Trustee’s Deed Upon Sale recorded July 16, 2015 as Document 2015— 075095, showing the seller was First American 'l‘rustee Servicing Solutions LLC. although the title was held by Fidelity National and the loan was held by HSBC as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificate Series 2006—AR16. 3 pages. EXHIBIT F: Judge Lee’s Order denying MSJ. Judge Lee’s Order Denying Eagle Vista’s Motion For Summary Judgment And Denying Alternative Motion For Summary 0000\10 Adjudication OfIss‘ues, filled December 16, 2015 for related UD case CLJZI 1439. 3 pages. EXHIBIT G: Judge Buchwald’s Statement of Decision for related UD case 11 CLJ211439, filed January 142, 2016 after a 3-day trial‘ (December 7-9, 2015), finding a 12 preponderance of evidence (page 6) that “Ms. Sutton will have a reasonable likelihood to prevail 13 in establishing that the company which recorded the notice of default in 2009 and which 14 conducted the trustee sale lacked the lawful authority to conduct the sale.” 8 pages. 16 EXHIBIT H: Excerpts from “www.wedgewood-inc.com” with statements describing 17 Wedgewood’s network of businesses. 4 pages. 18 19 EXHIBIT 1: List of 200 LLC’s, mostly real estate investment companies, with the same 20 address as Wedgewood. List includes Eagle Vista Equities, LLC. 24 pages. 21 22 EXHIBIT J: List of PACER cases. Approximately 300 cases in state and federal \ 23 judicial systems naming Wedgewood, Eagle Vista, and related LLCs. 10 pages. 24 25 EXHIBIT K: Wedgewood Business Card on Notice of Change of Ownership. 26 Business card of David Fitzsimmons, property supervisor for Wedgewood, attached to Notice of 27 Change of Ownership. posted on front door July 7, 2015. 1 page. ’ 28 l Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 3 EXHIBIT L: 3-day Notice to Quit, posted on front door, dated 7/17/2015, says Eagle Vista Equities, LLC demands that I deliver up the property in 3 days, and pay $100 ifI am a tenant. The only phone number is (310) 640-3070, which a search online identifies as Wedgewood, 2015 Manhattan Beach Blvd, Suite 100, Redondo Beach, CA 90278. 2 pages. OCOONQ'JI-bwwt—i EXHIBIT M: Complaint for UD and demand for payment. Unlawful Detainer Complaint, dated July 22. 2015 and posted on my door at 7:20pm Friday August 14, 2015. Page 2 calculates Eagle Vista’s “damages” at $91.67 per day, based on $2750 per month as “reasonable rental rate” for occupying my property. Page 4 has a paragraph (also added to ' ExhibitN: UD Summons) allowing 30 days for debt verification. 1 1 pages. EXHIBIT N: UD Summons—Eviction (Debt Verification),yfiled July 22, 2015 with San Mateo County Superior Court, and posted On my door at 7:20pm Friday August 14, 2015. along with Complaint for UD. Page 1 says I have 5 calendar days to respond to the court. Page 2 has a paragraph added by the Law Offices ofSam Chandra, saying I have 30 days to obtain debt verification by contacting his office, and his office has 30 days to respond with name of current creditor, “ifthis or the attached documents demand any sum of money.” 2 pages. / NMNNNNNNNflHH.—#_i_.~__ EXHIBIT 0: Order filed September 22, 2016 by Judge Buchwald for related UD case oouoxmbmwwocoouoxmbwm~ CLJ211439, approving stipulation re: Eagle Vista’s payment of property tax and mortgage. Also allows FDCPA claim to move to Wrongful Foreclosure case. 3 pages. EXHIBIT P: Property tax record showing Eagle Vista delinquent penalty and redemption penalty to cure its default as of December 16, 2016. 1 page. Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 4 EXHIBIT Q: Notice of Default (NOD) recorded December 4, 2009 as Document 2009— 158392, allegedly signed by “John Kennerty,” naming First American (not Fidelity National, not HSBC) as Trustee (3 pages), with evidence on robo-signcr John Kennerty and widespread use of his name by other robo—signers: 8 versions of signature and job title for “John ONOOONONUI-AWNt—d Kennerty” from. unrelated foreclosure documents (1 page); details ofJohn Kennerty’s name in robo-signing, from Lynn Szymoniak’s report on Judge Drain’s 2015 ruling in Florida [“http://thj f.org/2OI5/02/05/we1ls-fargo-sti11-cheating—after-a11—these—years/ “] (4 pages); and the first few pages ofa 2010 deposition by the real John Kennerty (cited by Judge Drain) where Kennerty admits he signs 50—150 documents a day and does not actually have the duties ofa real bank Vice—President (4 pages). 12 pages total. EXHIBIT R: Substitution of Trustee, recorded a month fits); the NOD by [blank space] on January 6, 2010 as Document 2010—00 121 1, stating that Wells Fargo (not HSBC) substitutes First American to replace Fidelity National, that notary M. Bartis certifies Chet Seonyers personally appeared to execute the document Jan 4, 2010 in Tarrant, Texas, and while the notary was in Texas, the document was executed the next day (1/5/2010) in California (4 pages); and NNNNNNNNN~_.._.._.__.._.._.._._. evidence from Texas Secretary of State website: Commission of Texas notary M. Bartis (1 page), and addresses of First American Vice-Presidents including Chet Sconyers in Santa Ana, CA (2 pages). 7 pages total. ooqakJIAwN—«ooooqoxmAmNH EXHIBIT S: Eve Sutton’s Certificate of Texas Notary Public Training, dated May 5. 2015. 1 page. EXHIBIT T: Texas notary handbook, 2010 (the year M. Bartis notarized the Substitution of Trustee), explaining that Texas notaries have statewide jurisdiction, they must personally witness the signature, and the notary seal (rubber stamp) must neither leave their control nor be used by any other person. 16 pages. Plaintifve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 5 EXHIBIT U: Unrecorded, Unauthorized Notices of Trustee Sale, prompting Sutton to N file for Chapter 13 bankruptcy to prevent illegal trustee sale: Notice ofTrustee Sale scheduled ' for March 25, 2010 at courthouse in San Jose (Santa Clara County), which First American mailed but did not record (1 page); and public notice oftrustee sale scheduled for April 1, 2010 at Redwood City courthouse (San Mateo County), published in San Francisco Examiner but not mailed to the house and not recorded (2 pages). 3 pages total. EXHIBIT V: Notice of Trustee Sale recorded March 20, 2015 as Document 2015— 026314 (2 pages), and evidence from CA Secretary of State regarding unauthorized company names on the NOTS: California prohibits the use of“Trustee” in the company name of LLC’s ‘ (2 pages); First American should have used one ofits California names [“First American Loanstar Services, LLC” or “First American Servicing Solutions, LLC”] (1 page); and the company named on page 2 for publishing the NOTS [“Nationwide Posting and Publications. Inc.”] was dissolved from 1994 until 4/12/2018 (1 page). 6 pages total. EXHIBIT W: Photos of Bidder and Cryer at auction, showing how close Eve Sutton was standing as she tried to stop the sale. 3 pages. Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 6 Fact #1: THE TRUSTEE SALE IS VOID BECAUSE FIRST AMERICAN WAS NOT AUTHORIZED TO TRANSFER TITLE 1. On August 29, 2006, I refinanced my primary home loan with Wells Fargo Bank. NOLA-PLAN The Deed of Trust lists the Borrower as Eve Sutton, the Lender as WELLS FARGO BANK, NA, and the Trustee as FIDELITY NATIONAL TITLE INSURANCE COMPANY. [EXHIBIT A: Deed of Trust] 2. A fortnight after refinancing with Wells Fargo, my home loan was transferred to a mortgage—backed security trust (the Trust). The Trust listed my loan in its Free Writing Prospectus dated September 19, 2006. From September, 2006 until July 2, 2015, the beneficiary 1o of my home loan was HSBC as Trustee for Wells Fargo Asset Securities Corporation, Mortgage 11 Pass-Through Certificate Series 2006-AR16. [EXHIBIT B: SEC documents] 12 3. Although SEC documents show the loan was securitized in 2006, the Assignment was 13 not recorded until 2010. Actually, two Assignments were recorded. The 2009 Assignment of 14 Deed of Trust has a document date of May 17, m and was recorded May 20, m. This 2009 15 Assignment “transferred the loan to I-ISBC as Trustee for Wells Fargo Asset Securities 16 Corporation, Mortga” (sic). The 2010 Assignment is dated April 15, 2010 and was recorded 17 April 26, 2010, stating Wells Fargo Bank, NA, transferred the loan to “HSBC as Trustee for 18 Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificate Series 2006- 19 AR16.” [EXHIBIT C: Two recorded Assignmcnts] 20 4. At all times since September, 2006, title to the property was held by HSBC. At no 21 time did HSBC record a Substitution ofTrustee. The original trustee, Fidelity National Title 22 Insurance Company, was the’only entity authorized to record a Notice of Default and was the 23 only entity authorized to conduct a Trustee Sale. 24 5. In 2009-2010, a stranger to the loan, First American, prepared to conduct a trustee 25 sale. In Fact #6, I discuss First American’s'unrecorded notices, which prompted me to file for 26 Chapter 13 bankruptcy on March 31, 2010 to protect my property fi‘om unauthorized sale. The 27 point here is that when I filed for bankruptcy, the only creditor to file a Proof of Claim was 28 HSBC. Page 1 ofthe Proof of Claim shows my creditor’s name: HSBC as Trustee for Wells \ Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 7 Fargo Asset Securities Corporation, Mortgage Pass-Through Certificate Series 2006-AR16. On page 2 ofthe Proof of Claim, HSBC states my arrears Were $000 (no arrears) as of April 13, 2010. Although I had missed some payments because ofjob layoffs during the recession, HSBC had arranged a “piggyback” to add that amount to the principal ofthe loan, so I was current on my payments. In 201 my payment plan was confirmed by the bankruptcy judge. I made all OKO<><>\IO’\KJI-l>k»~)l\)'-‘l 1, payments according to the confirmed plan. 1 received a letter ofcongratulations for the successful completion ofthe bankruptcy in 2013. Attached to that letter was a refund check for $480, the surplus after paying all creditors and court costs. Therefore 1 was confident my problems with the threatened, unauthorized trustee sale had been resolved. [EXHIBIT D: Chapter 13 documents; Proof of Claim for creditor HSBC] 6. More than a year after the bankruptcy was completed. First American conducted an unauthorized trustee sale. First American sold the property to Eagle'Vista Equities, LLC at ‘ auction on July 2, 2015. The Trustee’s Deed Upon Sale states that First American “does hereby grant and convey, but without warranty, expressed or implied, to EAGLE VISTA EQUlTlES, LLC (herein called Grantee), all of its [First American’s] right, title and interest in and to that certain property...” followed by the property description. This means the sale is VOID. Nothing is granted (no right, no title, no interest), because First American had no right, no title, and no NNMNNNNNN_.—._.—~_H.—.H_ interest to convey. [EXHIBIT E: Trustee’s Deed Upon Sale] WHOM-bWN—‘OKOOONONUI-DWNH 7. My first concern after the trustee sale was fending off Eagle Vista’s attempt to evict me. My Unlawful Detainer case CLJ21 1439 commenced July 22, 2015. The arrangements which stabilized my occupancy in my home are discussed in 11 #1 1. Meanwhile, this Wrongful Foreclosure lawsuit, case CIV535928. commenced October 21. 2015. (My motion to consolidate the UD case with the Wrongful Foreclosure case was denied, so the cases continue separately.) Fact #2: THE NOTICE ‘OF DEFAULT WAS OUTDATED AND UNAUTHORIZED 8. The NOD has two striking irregularities: It was about six years old at the time ofthe trustee sale, and it was unauthorized. HSBC never changed or removed Fidelity National as trustee. Fidelity National was the trustee holding title to the property, and l-lSBC held the loan, Plaintifve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 8 H until First American sold the property to Eagle Vista Equities, LLC at auction on July 2, 2015. These two facts should have alerted the buyer that the sale would be void. I discuss the NOD in more detail under Fact #6. [EXHIBIT Q: Notice of Default (NOD)] 9. On November 16 and November 25, 2015, Judge Elizabeth Lee considered Eagle Vista’s Motion for Summary Judgment (or, in the alternative, summary adjudication of issues) ONOOONQLIl-DUJN for the Unlawful Detainer case. Judge Lee DENIED Eagle Vista’s motions, and ruled that there were triable issues of fact, which led us to the Unlawful Detainer trial. One ofthe triable issues was whether a trustee sale should be stopped when the Notice of Default is several years old. [EXHIBIT F: Judge Lee’s Order denying Eagle Vista’s MSJ.] 10. The 3—day Unlawful Detainer trial was held December 7-9, 2015. Judge Buchwald was presented with many ofthe documents attached to this Declaration. In his ruling (page 6), “the Court finds that there was an extensive delay from the time the Notice of Default was recorded and the time the property was sold. This extensive delay may also provide a promissory estoppel basis for setting aside the wrongful foreclosure case.” In the context ofthe . UD trial, Judge Buchwald was not asked to consider the Chapter 13 bankruptcy documents in detail. However, he did consider the recorded documents which Eagle Vista would have encountered in the County Records, and which I discuss at length in Fact #6 ofthis Declaration. [EXHIBIT G: Judge Buchwald’s Statement of Decision] 11. Judge Buchwald found a preponderance of evidence (page 6) that “Ms. Sutton will have a reasonable likelihood to prevail in establishing that the company which recorded the notice of default in 2009 and which conducted the trustee sale lacked the lawful authority to conduct the sale.” In consideration of my likelihood to prevail, Judge Buchwald put a “stay” on the eviction so I can live in my house, paying a monthly sum to Eagle Vista, while the Wrongful _ Foreclosure case continues. [EXHIBIT G: Judge Buchwald’s Statement of Decision] Plaintifve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 9 p—d Fact #3: NO PARTY CONNECTED TO MY LOAN EVER RECORDED A NOTICE OF DEFAULT 12. I was especially harmed by the unwarranted trustee sale because it was conducted by a stranger to my loan using a stale NOD. The rogue sale by First American did not cure any debt that I owed. No new Notice of Default was issued after 2009. Neither HSBC nor Fidelity National instigated a trustee sale. Therefore, the Trustee’s Deed Upon Sale should be cancelled. OKOOO\IO\U14>UJN Fact #4: EAGLE VISTA VIOLATED FAIR DEBT COLLECTION PRACTICES 13. Eagle Vista Equities, LLC is registered as an independent company, not a branch or division of Westwood, Inc. The Corrected Declaration of Sherri Crandall says Wedgwood is the non-member manager of Eagle Vista. [Corrected Decl of Sherri Crandall, 1] #3] 14. We must note that Eagle Vista Equities, LLC is part ofa multi—state network of real estate investment companies and other business partners affiliated with Wedgewood, Inc. Executives in these companies have been “flipping” foreclosed properties and collecting debt for 30 years. They are very experienced, very well funded, and should be very aware ofthe law. I did not find a separate website for Eagle Vista Equities, LLC. Therefore I am attaching excerpts from the website for Wedgewood, Inc. along with documents from other sources that informed me about Eagle Vista Equities, LLC, and the network with which Eagle Vista is affiliated. [EXHIBIT H: Excerpts from “www.wedgewood-inc.com”] [EXHIBIT I: List of 200 LLC’s related to Wedgewood, Inc.] [EXHIBIT J: List of PACER cases] 15. For some weeks after the sale, I was not sure who had purchased the house. 16. During the auction, I stood within inches ofthe bidder, and from that position I caught a glimpse ofa paper he held. The letterhead said WEDOEWOOD across the top. The Declaration of Sherri Crandall confirms that the bidder was an employee ofWedgewood. “James Colachis was an employee of Wedgewood on July 2, 2015 and was Eagle Vista’s representative at the trustee sale.” [Corrected Decl of Sherri Crandall, 1W5] 17. On July 7, 2015 David Fitzsimmons, property supervisor for Wedgewood, posted on my door a “NOTICE OF CHANGE OF OWNERSHIP OF PROPERTY” saying Eagle Vista Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 10 Equities, LLC had purchased my property July 2, 2015. His Wedgewood business card was attached. There was no separatei'contact information for Eagle Vista Equities, LLC. [EXHIBIT K: Wedgewood Card on Notice of Change of Ownership] 18. The Trustee’s Deed Upon Sale recorded July 16, 2015 says the property was sold to CD\£>OU~JI\J'—‘I Eagle Vista Equities, LLC. The address is the same aslthe Wedgewood address from the business card of David Fitzsimmons. [EXHIBIT E: Trustee’s Deed Upon Sale] 19. On or around July 17, 2015 a “3—day Notice to Quit” was posted on my front door, dated 7/17/2017, demanding 1 “deliver up” the property in 3 days. The 3—day notice also demanded 1 pay $100 ifrenting as a tenant. The only phone number on the 3-day Notice is (310) 640-3070, which a search online identified as the phone number for Wédgewood, 2015 Manhattan Beach Blvd, Suite 100, Redondo Beach, CA 90278. 1 did not have any separate, specific contact information connected to Eagle Vista Equities, LLC. [EXHIBIT L: 3-day Notice to Quit] 20. At 7:20pm Friday evening, August 14, 2015 a man came to my door and posted a Complaint for Unlawful Detainer (1 1 pages) which has several documents in one packet, filed July 22, 2015 with San Mateo County Superior Court. Page 1 says Eagle Vista Equities, LLC says I have overstayed the 3 days from the Notice to Quit. Page 2 calculates Eagle Vista’s “damages” at $91.67 per day, based on $2750 per month as “reasonable rental rate” for NNNNNNNNNH—I—-———-————‘ occupying my property. At the same time, he posted a Summons for Unlawful Detainer—Eviction OO\IO‘\UI4>bJN--O\OOO\IO\UI4>-UJN- (2 pages), also filed July 22, 2015 with San Mateo County Superior Court. The front page says that I have 5 calendar days to respond to the court using the proper form about the Unlawful Detainer. The next page contains a paragraph added by the Law Offices of Sam Chandra, APC, saying 1 have 30 days to obtain debt verification. and 1 should wait 30 days for his reply. [EXHIBIT M: Complaint for UD and demand for payment] [EXHIBIT N: UD Summons—Eviction (Debt Verification)] ‘I 21. ask the Court to examine the conflicting instructions on the Summons for Unlawful Detainer—Eviction: 5 calendar days to file a written response to the court with a proper legal form (really 2 days, as the notice was delivered 7:20pm on a Friday evening), vs. 30 days to contact Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 11 ._‘ the Eagle Vista office obtain debt verification, plus 30 days to receive the name of my creditor. Instructions are further confounded by statements on Page 4 ofthe l l-page @mplaint for Unlawful Detainer. Of course I was confused. I did not believe I owed any rent, because I knew the property had been sold illegally and I was confidentI could prove the foreclosure documents were fraudulent. (As I explain under Fact #6, I had already done much of the document investigation that I would expect any buyer to perform as “due diligence” before bidding on the V property.) I was ready to investigate this “debt verification” at a normal pace within the 30—day time limit. But my foreclosure—fighting friends urged me to retain a good lawyer right away, because I was in danger of eviction and total loss ofthe property. I survived only because my friends referred'me to Mr. Moss. Mr. Moss was quick to warn me about the immediate danger of eviction so I could respond to the court promptly and correctly, despite the misleading statements that Eagle Vista’s attorney had included about debt verification. 22. I have endured three years in court, constantly preoccupied with the effon and expense resulting from Eagle Vista’s purchase ofmy property. A calm, rational verification of cowoxmt—‘ooocucxmt—‘oxooouot-hww debt in the summer of 2015 would have resolved the issues administratively, saving untold grief and tremendous expense. I expect the trial in September, 2018 will cost me several thousand dollars in addition to what I have spent to date. My legal expenses related to the actions of Eagle Vista Equities, LLC (court fees, attorney fees, document production, out-‘of—pocket expenses) NNNNNNNNNHAHHH_._.HH~ already total more than $60,000. Fact #5: I AM OFFERING FULL TENDER OF THE PAYMENT MADE AT AUCTION 23. According to the Corrected Declaration submitted by Eagle Vista, and the Receipt of Funds submitted by Eagle Vista, an employee of Wedgewood tendered $385,000 at the auction, after which $3,208.99 was refunded. The Trustee’s Deed Upon Sale shows the Eagle Vista paid $381,791.01 for my property. [Corrected Decl of Sherri Crandall, 11 #5 and Eagle Vista’s Exhibit D: Receipt of Funds] [EXHIBIT E: Trustee’s Deed Upon Sale] Plaintifve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 12 24. I am offering tender of the payment made at auction (the full 1$3 85,000) in return for clear title to the property at 216 Daphne Way, East Palo Alto, CA 94303. Details ofthe offer are in a separate declaration. 25. I request an accounting from Eagle Vista, to verify that Eagle Vista has kept current on property tax and mortgage payments from July, 2015 to the date the property is transferred to me or to the non—profit land trust. I have paid Eagle Vista Equities, LLC on time every month since December, 2015. At our status hearing September 21, 2016, 1 showed that Eagle Vista had failed to pay property taxes. The parties agreed, and Judge Buchwald ordered, that my payments to Eagle Vista (even those which had been sent via the Law Offices of Sam Chandra) should be used by Eagle Vista “for payment of property taxes, interest expense, and loan payments on the premises.” 1 have verified the delinquent property taxes were brought current, including the penalty for late payment. I have also verified that property taxes are now being paid timely. But 1 don’t know whether Eagle Vista is making timely mortgage payments. Any deficiencies should be cured by Eagle Vista, so 1 will not be held liable. [EXHIBIT 0: Order filed September 22, 2016 re: Eagle Vista’s payment of property tax Y and mortgage] [EXHIBIT P: Property tax record December 16, 2016] Fact #6: EAGLE VISTA FAILED AT DUE DILIGENCE 26. Any real estate broker is expected to check the most basic aspects of the purchase before bidding on the property: Who owns the property? Is the title unbroken? Are there liens on the property? Will anything hinder the sale? 27. Given Wedgewood’s 30-year history of buying and flipping thousands of properties for real estate investors, and given Wedgewood’s vast network dwell-funded partners in “vertically—integrated” businesses, Wedgewood or any of its related LLC’s should be expected to investigate even more thoroughly than the average broker. “Due diligence” includes searching through public documents, paying careful attention to authentic documents while ignoring documents that are obviously fraudulent. Plaintiff Eve Sutton’s Declaration Opposing Eagle Vista’s MSJ May 30, 2018 13 28. I have purchased exactly ONE house and I have never taken a real estate course, but I was able to assemble all the following evidence by doing my own research and soliciting advice from friends. Eagle Vista had all the advantages I had, and many more, to discover all the following evidence in advance of bidding on my property. Ifall else failed, at least the bidder could have paid attention as I was standing right next to him at the auction, screaming that the 1 sale was illegal and was based on fraudulent documents! ofthis evidence to Eagle Vista OOOOQONm-h 29. I sent much and Wedgewood attorneys in July, 2017 and January, 2018 so it should be familiar to them. First, as explained in Fact #1, only Fidelity National was authorized to conduct a trustee sale, and only