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  • NORMA CABRERA  vs.  QUALITY LOAN SERVICE CORPORATION, et al(26) Unlimited Other Real Property document preview
  • NORMA CABRERA  vs.  QUALITY LOAN SERVICE CORPORATION, et al(26) Unlimited Other Real Property document preview
  • NORMA CABRERA  vs.  QUALITY LOAN SERVICE CORPORATION, et al(26) Unlimited Other Real Property document preview
  • NORMA CABRERA  vs.  QUALITY LOAN SERVICE CORPORATION, et al(26) Unlimited Other Real Property document preview
  • NORMA CABRERA  vs.  QUALITY LOAN SERVICE CORPORATION, et al(26) Unlimited Other Real Property document preview
  • NORMA CABRERA  vs.  QUALITY LOAN SERVICE CORPORATION, et al(26) Unlimited Other Real Property document preview
  • NORMA CABRERA  vs.  QUALITY LOAN SERVICE CORPORATION, et al(26) Unlimited Other Real Property document preview
  • NORMA CABRERA  vs.  QUALITY LOAN SERVICE CORPORATION, et al(26) Unlimited Other Real Property document preview
						
                                

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ILED ‘SAN MATEO COUNTY ~ Norma Cabrera 353 2“d Ave. Daly City, CA 94014 ' (650)271—0521 Plaintiff, pro se SUPERIOR COURT OF CALIFORNIA CT." FOR THE COUNTY OF SAN MATEO — SOUTHERN BRANCH REDWOOD CITY — ) caseNo f 18C V0316 ‘ . 8 NORMACABRERA, l 10 ) Plaintiff, COMPLAINT FOR: ll , % 1. DECLARATORY RELIEF JUDGMENT VS. 2 I‘IOISIEJI‘gISEE TRUSTEE SALE, f 12 ' 13 QUALITY-LOAN SERVICE 3. TO VOID OR CANCEL TRUSTEE’S CORPORATION; LONG BEACH DEED UPON SALE; ASSIGNMENT 14 MORTGAGE COMPANY; LONG ) 4. gggfi) 81§fRAIIsgrEL 5. CANCELLATION OF’ INSTRUMENTS; ’ ‘ f," 15 ~ 3%niEggiggigfiRg’ l 6. QUIET TITLE; . . DEUTSCHE BANK NATIONAL 7 . VIOLATION OF CALIFORNIA ’ . . 16 ; TRUST CO. as Trustee for the BUSINESS AND PROFESSIONS CODE ' 17: LongBeach Mortgage Loan Trust l SECTIONS 17200 ET SEQ; 8' 2006- 5, California Reconveyance l figgpfig§e§g%?§§L 18 . Company; DEUTSCHE BANK ) 9. TEMPORARY RESTRAINING ORDER, 19 AMERICAS HOLDING CORP; PRELIMINARY AND PERMANENT DEUTSCHE BANK ‘ lNJUNCTION 20 SECURITIES, INC.; WILLIAM % 2'; WOODLEY; SONJA OLSEN; ; 22 MICHAEL B. BAUSANO; ,TIBERIO. MASSARO; JOHN GZc.‘v - _—__ 03168 “A N __‘ - MATSON; All PersOnS unknown i CMP 23 Claiming Any Title, Estate, Lien or )5fg1ngggm ) Interest in the Property Described 24 Ae eel-AAA Aeveeee ee 25 Plaintiff’s Title or Any Cloud on lll lllllllllllllllllllllllllll " "T T ‘ “ "‘ Plaintiffs Title thereto 26 and DOES 1-50, Defendants. 27 28 i Norma’s Complaint 06/18/18 Plaintiff, Norma Cabrera complains and alleges as follows: 'JURISDICTION AND VENUE 94014 1. The property is located at 353 Second Ave., Daly City, California Legal Description: Lots 12 & 13, Block 7, as designated on the map entitled “subdivision California. of lots 52-63 of Block 7 Garden Valley Homestead San Mateo County, ' APN 006-393-070-5 _ 2. The property at issue located in the County of San Mateo, State of California. 10 The Value of the property exceeds $25, 000. Therefore, this court is proper venue. 11 PARTIES TO ACTION over the age 1% 3. Plaintiff Norma Cabrera, is and at all times herein mentioned was, 13 Eighteen and a citizen or legal resident of this county, State of California residing on 14 residential property which'is the subject of this complaint. Plaintiff 1s owner of home 15 described above as Joint Tenant in community property under Family Law. 1‘6 4. All persons unknown Claiming Any Title, Estate, Lien or Interest in the Property Cloud on the Described in the Complaint Adverse to Plaintiff’ s Title, or Any 17 Plaintiff 5 Title thereto and DOES 1 through 20, inclusive, will be 18_ specified by 19 amending the-domplaint, if need be. 20 The defendants herein named as “All Persons unknown Claiming Any Title, 5. 21 Estate, Lien or Interest in the Property Described in the Complaint Adverse to ' Plaintiff’s Title or Any Cloud on Plaintiff s Title thereto” are hereinafter 22 23 sometimes referred to as the “unknown defendants? and are unknown to Plaintiff. 24 appear to claim some right, These unknownvdefendants and each of them claim or Their claims, and title, estate or interest in the property adverse to Plaintiff’s title. . 25 26 each of them, constitute a cloud on Plaintiff” s title to the property. 27 28 2 Norma’s Complaint 06/18/18 6. Plaintiff is unaware of the true names and capacities of defendants sued herein as , DOES 1 through 20, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will amend this Complaint to allege the true names and . capacities of these unknown defendants when ascertained. 7. Plaintiff is informed and believes, and thereon alleges, that each of the defendants named in this Complaint, including all defendants named as DOES 1 through 20, I inclusive, was at all times herein relevant the authorized agent, employee or representative of one or more of the remaining defendants and that,.in doing the things herein alleged, was acting within the course and scope of such agency, | 10 employment or representation. 11 FIRST CAUSE OF ACTION '12 DECLARATORY RELIEF (AGAINST QUALITY LOAN SERVICE CORPORATION; LONG BEACH MORTGAGE 13 COMPANY; LONG BEACH ‘14 SECURITIES CORP; JP MORGAN CHASE BANK, N.A.; DEUTSCHE BANK NATIONAL 15 TRUST CO. as Trustee for the 16' Long Beach Mortgage Loan Trust 2006-5, California Reconveyance . Company; DEUTSCHE BANK 17 AMERICAS HOLDING CORP; DEUTSCHE BANK SECURITIES, INC.; WILLIAM WOODLEY; SONJA OLSEN, 18 MICHAEL E. BAUSANO; TIBERIO MASSARO; JOHN MATSON, and DOES 1-50) 19 8. Plaintiff refers and incorporates herein by reference the allegations made 1n 20 ,V paragraphs 1 through 7, inclusive, as though fully set forth herein. 21 9. Plaintiff requests declaratory relief pursuant to California Code of Civil Section 22 t 1060 which provides that any person interested under a written instrument or a 23 contract who desires a declaration of his rights or duties with respect to property 24 may, in the case of an actual controversy relating to the legal rights and duties of 25 ' the parties, bring an original action in the court for a declaration of his rights or 26 duties in the premises, including a determination of any question of construction 27 28 3 Norma's Complaint 06/18/18 , "‘\ \,_/‘ or validity arising under the instrument or contract, with the declaration having the force and effect of a final judgment and which may be had before there has been any breach of the obligation in respect to which the declaration is sought. 10. Plaintiff is a “person” within the meaning of C.C.P. Section 1060. ‘ ll. Recently, around May 25., 2018, DOE 1, who is a representative of Quality Loan Service Corporation falsely stated to plaintiff that Quality Loan Service Corporation holds interest in the subject property and was ‘ allegedly assigned as substitute Trustee subject Mortgage relevant to a lien on Plaintiffs home. However, the original Trustee on the note 10 was LongBeach Mortgage Company. Long Beach Mortgage Company 11 told plaintiff that they would always be the Trustee on the note. 12 However, Long Beach Mortgage Company has refused and failed to 13' provide the loan information to plaintiff. Therefore, these defendants ' 14 have lied to plaintiff. 15 12. On or about May 1, 2018, Defendant DOE 1, of Quality Loan Service 16 Corporation told plaintiff that a Notice ofRescission concerning the Default 17 had been filed. However, it wasn’t filed and a sale was still pending. DOES 1-5, who are DOES employed by Defendant Quality Loan 1'8 13.. Service Corporation and JP Morgan Chase Bank, have recently expressed or implied to ' 19 2'0 Plaintiff that they intend to sell Plaintiffs home as “disputed” Trustee or successor 21 in interest, on the date ofJune 27, 2018 at 12:30PM noon. _ 22 Therefore, there is a showing of exigent circumstances in bringing this action. 14. There exists an actual controversy as the defendants have illegally foreclosed on 23 24 Plaintiff’s Property as evidenced by the Notice of Trustee Sale. An Additional 25 CONTROVERSY exists in that Plaintiff has demanded that Defendants provide an Accounting and resolve the dispute in regard to the discrepancy as to “the amount 26 27 28 A Norma's Complaint 06/18/18 /‘n_ that Plaintiff” owes on the Mortgage, but Defendants. have refused and failed to comply. 15. The subject property involved in this CONTROVERSY as to argued assignments of the note, argued balances owed on the note, argued title, argued liens and argued allegations of fraud. 16. AT ALL TIMES HEREIN MENTIONED, Plaintiff was “ABLE AND WILLING TO TENDER THE AMOUNT, OWED”, however, Defendants refused and failed provide an accounting or verification of the Debt, and therefore a controversy STILL EXISTS, as to the Actual Amount owed on the Note. 1o 17. PLAINTIFF IS CHALLENGING DEFENDANT’S TITLE ISSUES AS IN THE 11 RECENT RULING VOID ASSIGNMENT OF DEED OF TRUST. Plaintiff in a 12 suit for wrongful foreclosure has generally been required to demonstrate that the 13 alleged imperfection in the foreclosure process was prejudicial to the plaintiffs 14 interests . 15 18. Plaintiff is owner by Grant Deed, secured by a Deed of Trust. Defendants claim an interest in the subject proper_ty by Assigment of Deed 16 17 of Trust. However, defendants sigped the Deed of Trust to themselves, and do 18 not have a valid chain of title to hold any interest in the subject propepty. 19 19. Plaintiff would suffer irreparable harm, and severe prejudice 20 unless the court enjoins and restrains defendants from further clouding .21 the title of plaintiff, and from transferring, encumbering or selling ' ' 22 plaintiffs real proper_ty. 23 20. A dispute arises out of the argument of what persons, and parties have interes 2-4 in plaintiff’s real property. Plaintiff seeks adjudication as to the valid holders 25 of interest in the subject property. 26 27 28 é Norma's Complaint 06/18/18 21. C.C.P. Section 1062 provides that available remedies are cumulative and shall not be construed as restricting any remedy, and further no party shall be precluded from ' obtaining additional relief based on the same facts. 22. C.C.P. Section 1062.3 provides that actions brought under this chapter shall be set# . for trial at the earliest possible date. . 23. As the Defendants have scheduled and completed a Trustee’s Sale of Subject Home, ' thereby ”threatening Plaintiff with the loss of their home and damage to her creditworthiness, Plaintiff require an immediate of her rights or else she will suffer irreparable harm. WHEREFORE, Plaintiff request that this Court. Order and Decree that: ' 10 11 . The Deed of Trust, Notice of Default and Notice are null and void; 12 . None of the Defendants to this action holds an ownership interest in either the Deed 13 of Trust or Note; 14 . None of the Defendants to this action has authority to enforce the obligations sefi 15 forth in the Note; 16 . None of the Defendants to this action has authority to purse a non-judicial 17 foreclosure with respect to Plaintiff’s Property; 18 . Any foreclosure proceedings already institutes are illegal and shall be reversed by i 19 the defendants; 20 That Plaintiff is the true owner of the subject property by grant deed. 21 . Pursuant to code of Civil Proc.§764.010 et seq., Plaintiff respectfully asks this 22 court to issue a declaratory judgment finding that -as of the date of the filing of the 23 Plaintiff s complaint in this herein action-l the interest of Defendants in Plaintiff" s 24 Home are void and no legal force. This Court’s declaratory judgment should further p 25 find that the conduct of Defendants has compromised the open, public, and 26 discoverable nature of recordings in this country. As a result, the public record for 27 Subject Home’s title is false and materially misleading; 28 é Norma' s Complaint 06/18/18 h. Plaintiff further ask this Court to issue a declaratory judgment finding that the conveyance from defendants is a fraudulent conveyance subject to Penal Code § A ' 531 a. This Court’s declaratory judgment should further stipulate that before any action ' i. can be taken to invoke the power of sale clause, all of these off-record changes of ownership must be in strict cdmpliance with California statues governing transactions affecting land titles, and no such Trustee Sale should be allowed until the problems addressed herein are corrected; j. This Court’s declaratory judgment should further stipulate that the Same Affidavit 10 is fraudulent and grant compensatory damages for this tortious conduct; k. Plaintiff requests reimbursement of all expenses paid in connection with this legal 11 12 proceeding, including court costs and reasonable attorney fees according to proof; 13 1. Plaintiff further requests anyother relief in the form of specific performance and 14‘ compensation for wrongful foreclosure, defective foreclosure, and slander of title 1.5 as warranted by evidence 1n the record. 16 SECOND CAUSE OF ACTION 17 TO SET ASIDE TRUSTEE SALE 1:8 (AGAINST QUALITY LOAN SERVICE CORPORATION, LONG BEACH 19 MORTGAGE 20 COMPANY; LONG BEACH 21_ SECURITIES CORP; JP MORGAN CHASE BANK, N.A.; 22 DEUTSCHE BANK NATIONAL 23 TRUST CO. as Trustee for the 24 Long Beach Mortgage Loan Trust 2006-5, California Reconveyance I ' 25 Company; DEUTSCHE BANK '26 AMERICAS HOLDING CORP; , 27 DEUTSCHE BANK SECURITIES, INC.;WILLIAM WOODLEY; SONJA OLSEN; 28 1. Norma's Complaint 06/18/18 t /\, \ / \\ MICHAEL B. BAUSANO; TIBERIO MASSARO; JOHN MATSON; and DOES 1-50 ) 24. Plaintiff refers and incorporates herein by reference the allegations made in paragraphs 1 through 23, inclusive, as though fully set forth herein. 25. On or about June 5, 2016, representatives of Trustee telephonically stated that I scheduled the subject they were postponing the Sale Date, but instead Trustee home for Auction. Later, plaintiff discovered Notice of Trustee’s Sale was . recorded. A 26. Plaintiff hereby reserves this cause of action for amendment, and will 10 file for leave to amend, if necessary, once plaintiff receives responses 11 to discovery requests. 12 THIRD CAUSE OF ACTION 13 TO VOID OR CANCEL TRUSTEE’S DEED UPON ‘SALFI BEACH '14 (AGAINST QUALITY LOAN SERVICE CORPORATION; LONG MORTGAGE 15 16' COMPANY; LONG BEACH 17’ SECURITIES CORP; JP MORGAN CHASE BANK, N.A.; ' 18 DEUTSCHE BANK NATIONAL TRUST CO. as Trustee for the 19 20 Long Beach Mortgage Loan Trust 2006—5, California Reconveyance ' ’ Company; DEUTSCHE BANK 2.1 22 AMERICAS HOLDING CORP; OLSEN; 23 DEUTSCHE BANK SECURITIES, INC;; WILLIAM WOODLEY; SONJA 24 MICHAEL B. BAUSANO; TIBERIO MASSARO; JOHN MATSON; and DOES 1750 ) 25 made in _26 27. Plaintiff refers and incorporates herein by reference the allegations 2'7 paragraphs 1 through 24, inclusive, as though fully set forth herein. 28' E Norma’s Complaint 06/18/18 28. AT ALL TIMES HEREIN MENTIONED, Plaintiff was “ABLE AND WILLING TO TENDER THE AMOUNT, OWED”, however, Defendants refused and failed 'of the Debt, and therefore a controversy provide an accounting or verification STILL EXISTS, as to the Actual Amount owed on the Note. 29. Although the trustee’s deed upon sale appears valid on its face, it is invalid, and of no force and effect, for the reasons set forth above including, inter alia, the fact the Deed of Trust which purportedly secured the Note, which served as the basis for a claim to have the riglltit to conduct a non-judicial foreclosure was at all times void due to the wrongful and improper assignment to the Foreclosing Defendants. 10 30. Plaintiff is owner bV Grant Deed. secured bv a Deed of ‘11 I__ru_st_. 12 31. Defendants QUALITY LOAN SERVICE CORPORATION; LONG BEACH 13 MORTGAGE COMPANY; LONG BEACH 14 SECURITIES CORP; JP MORGAN CHASE BANK. N.A.; DEUTSCHE BANK 15 NATIONAL TRUST CO. as Trustee for the Longfieach Mortgagg Loan Trust 2006-5 16 California Reconvevance Companv; DEUTSCHE BANK AMERICAS HOLDING 17 CORP; DEUTSCHE BANK SECURITIES, INC.., WILLIAM WOODLEY; SONJA .18 OLSEN; MICHAEL B. BAUSANO: TIBERIO MASSARO; JOHN MATSON; 19 and DOES 1—50 claim an interest in the subject property by Assign_ment of Deed 20 of Trust. However, defendants signed the Deed of Trust to themselves. and do ‘ 21 not have a valid chain of title to hold any interest in the subject'propegfl. 32. Defendants have scheduled an Alicfiopfor JUNE 27 2018 with the 22 23 ‘ intent of wrongfully selling plaintiff’sreal proper_ty. 24 . 33. Plaintiff would suffer irreparable harm and severe Dreiudice 25 unless the court enjoins and restrains defendants from further clouding ' 26 the title of plaintiff, and from transferring, encurnbering or selling I '27 plaintiff’s real propem. 28 2 Norma's Complaint 06/18/18 34. Plaintiffs are therefore entitled to an order that the Trustee’s Deed Upon Sale is void ab initio and cancelling such Trustee’s Deed. FOURTH CAUSE OF ACTION TO VOID OR CANCEL ASSIGNMENT OF DEED OF TRUST (AGAINST QUALITY LOAN SERVICE CORPORATION; LONG BEACH MORTGAGE COMPANY; LONG BEACH SECURITIES CORP; JP MORGAN CHASE BANK, N.A.; DEUTSCHE BANK NATIONAL TRUST CO. as Trustee for the 1.0 ‘ Long Beach Mortgage Loan Trust 2006-5, California Reconveyance I ~ 11 Company; DEUTSCHE BANK 12 AMERICAS HOLDING CORP; 13 DEUTSCHE BANK SECURITIES, INC.; WILLIAM WOODLEY; SONJA OLSEN; l4 MICHAEL B. BAUSANO; TIBERIO MASSARO; JOHN MATSON; 15 and DOES 1-50 ) 16 35. Plaintiff refers and incorporates herein by reference the allegations made in 1.7 ‘ paragraphs 1 through 34, inclusive, as though fully set forth herein. 1'8 36. Upon the reviewing of all of the Recorded ASSIGNMENTS which the Movant 19 previously submitted to the court, the Chain of Title Clearly reflects 20 that the ASSIGNMENTS were not assigned by a rightfill grantor. 21 22 37. Therefore, since the DEFENDANTS Were never a Valid Grantee, they cannot i ' 23 hold title. . 4 2.4 33. Plaintiffs are therefore entitled to an order that the Assignment of the Deed of 25 Trust is void and the court should grant an order cancelling such Assigmnent. 26 ////l/////// 27 ///////////// 28 10 Norma's Complaint 06/18/18 FIFTH CAUSE OF ACTION ‘ CANCELLATION OF INSTRUMENTS (AGAINST QUALITY LOAN SERVICE; LONG BEACH MORTGAGE COMPANY; LONG BEACH SECURITIES CORP; JP MORGAN CHASE BANK, N.A.; DEUTSCHE BANK NATIONAL TRUST CO; as Trustee for the Long Beach Mortgage Loan Trust 2006—5, California Reconveyance Company; DEUTSCHE BANK 10 AMERICAS HOLDING CORP; 11 DEUTSCHE BANK SECURITIES, INC.; WILLIAM WOODLEY; SONJA OLSEN; 12 MICHAEL B. BAUSANO; TIBERIO MASSARO; JOHN MATSON; and DOES 1-50 ) 13 39. Plaintiff refers and incorporates herein by reference the allegations made in ' 14 paragraphs 1 through 38, inclusive, as though fully set forth herein. 15 40. AT ALL TIMES HEREIN MENTIONED, Plaintiff was “ABLE AND WILLING 16 TO TENDER THE AMOUNT, OWED”, however, Defendants refused and failed 17‘ provide an accounting or verification of the Debt, and therefore a controversy 1e STILL EXISTS, as to the Actual Amount owed on the Note. 19 41. C.C.P. Section 3412 provides that “[a] written instrument in respect to which 26 there is a reasonable apprehension that it left outstanding it may cause serious 21 injury to the person against whom it is void or voidable, may, upon his 22 application, be so adjudged, and ordered to be delivered up or canceled”. 23 42. Defendants claim an estate or interest in the real property described above adverse 24 to that of plaintiffs, but the defendants’ claim are without any right; defendant 25 has no estate, right, title or interest in the real property. 26 43. PLAINTIFF IS CHALLENGING DEFENDANT’S TITLE ISSUES AS IN THE 27 RECENT RULING VOID ASSIGNMENT OF DEED OF TRUST. 2.8 ll Norma's Complaint 06/18/18 I WHEREFORE, Plaintiff prays to the court for a judgment or order cancelling the documents at issue, which are the Deed of Trust, Deed Upon sale, and related Documents in regards to the acquiring of the property by Defendants and DOES 1 to 20. SIXTH CAUSE OF ACTION , QUIET TITLE (AGAINST QUALITY LOAN SERVICE CORPORATION; LONG BEACH MORTGAGE COMPANY; LONG BEACH 10, SECURITIES CORP; JP MORGAN CHASE BANK, N.A.; 11 DEUTSCHE BANK NATIONAL '12 TRUST CO. as Trustee for the 13 Long Beach Mortgage Loan Trust 2006—5, California Reconveyance ' 14 Company; DEUTSCHE BANK is AMERICAS HOLDING CORP; 16 DEUTSCHE BANK SECURITIES, INC.; WILLIAM WOODLEY; SONJA OLSEN; MICHAEL B. BAUSANO; TIBERIO MASSARO; JOHN MATSON; A11 Persons 17 18 unknown Claiming Any Title, Estate, Lien or Interest in the Property Described in the 19 Complaint Adverse to Plaintiff’s Title or Any Cloud on Plaintiff’s Title thereto ‘ 20 and DOES 1—50) 21 44. Plaintiff refers and incorporates herein by reference the allegations made in 22 paragraphs 1 through 43, inclusive, as though fully set forth herein. 23 45. The property at issue located in this county, State of California. 24 46. The property is located 353 2nd Ave., Daly City, California 94014. 25 47. At all times relevant to this Action, Plaintiff held and now holds an instrument in 2.6 the property as an Owner. Plaintiff is owner'by Grant Deed, secured by a Deed 27 of Trust. 1 28 12 Norma’s Complaint 06/18/18 / “x s , 2 \ 1, / » ~. 48. Defendants QUALITYLOAN SER VICE CORPORATION; LONG BEA CH MORTGAGE COMPANY' LONG BEACH - SECURITIES CORP; JP MORGAN CHASE BANK, NA. ,‘DEUTSCHE BANK 1 NATIONAL TRUST CO.’ asTrustee for the Long Beach Mortgage Loan I Trust 2006-5, California Reconvevance Company; DE UTSCHE BANK AMERICAS HOLDING CORP; DE UTSCHE BANK SECURITIES, INC. ; WILLIAM WOODLEY; SONJA OLSEN; MICHAEL B. BA USANO; TIBERIO MASSARO; JOHN MATSON; and DOES 1—50 claim an interest in the subject property by Assignment ofDeed of Trust. However, defendants signed the Deed of Trust to 1'0, themselves, and do not have a valid chain of title to hold any interest in the subject .11 property. 12 49. AT ALL TIMES HEREIN MENTIONED, Plaintiff was “ABLE AND WILLING 13 TO TENDER THE AMOUNT, OWE ”, however, Defendants refused and failed 14 provide an accounting or verification of the Debt, and therefore a controversy . 15 STILL EXISTS, as to the Actual Amount owed on the Note. 16 50. Plaintiff seeks to quiet title against the claims of Defendants and all persons ‘ 17 claiming any legal or equitable right, title, estate, lien, or adverse interest in the 18 Subject Home as of the date the Complaint was filed (Cal Code Civil Procedure _ i9 §760.020). 20 51. Defendants securitized borrower‘s mortgage loan. Plaintiff is informed and I 21 believes. that the lawful beneficiary has been paid in fiJll. 2; 52. Plaintiff will record a Notice of Pendency of Action (Lis Pendens) immediately 23 following the filing of this complaint, upon approval of recording by the court. 24: 53. Defendants’ claims are adverse to Plaintiff because Plaintifi‘ is informed and 25 believes that none of the defendants is a holder of the Note, none of them can 26 prove any interest in the Note, and none of them can prove that the Note is _27 secured by the Deed of Trust, as well as for the reasons set forth in the preceding 28 13 Norma’s Complaint 06/18/18 causes of action, As such, Defendants have no right, title, lien, or interest in the Subject Home. 54. Plaintiff therefore seeks a judicial: declaration that the title to the Subject Home is vested solely in Plaintiff and that Defendants have no right, title, estate, lien, or interest in the Property and that Defendants and each of them be forever enjoined from asserting any right, title, lien or interest in the Property adverse to Plaintiff. 55. Upon the reviewing of all of the'Recorded Deeds which the defendants previously submitted to the court, the Chain of Title Clearly reflects i ‘10 that defendants never held title and never had a valid assignment of the note. 56. Defendants claim an interest in the subject propem by Assignment of Deed 11 of Trust. However. defendants signed the Deed of Trust to themselves. and do 12 not have a valid chain of title to hold any interest in the subject proper_ty. 13 57. Plaintiff would suffer irreparable harm, and severe prejudice 14 unless the court enjoins and restrains defendants from further clouding 15 the title of plaintiff and from transferring. encumbering or selling ' 16 1'7 plaintiffs real property. SEVENTH CAUSE OF ACTION 18 VIOLATION OF CALIFORNIA 19 BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ 20 (AGAINST QUALITY LOAN SERVICE CORPORATION; LONG BEACH MORTGAGE 21 ' ‘ COMPANY; LONG BEACH 22 ~ SECURITIES CORP; JP MORGAN CHASE BANK, N.A.; 23 DEUTSCHE BANK NATIONAL 24 TRUST CO. as Trustee for the 25 2‘6 Long Beach Mortgage Loan Trust 2006-5, California Reconveyance . l Company; DEUTSCHE BANK 27 28 14 Norma's Complaint 06/18/18 / v"‘<\ - 2"». ‘ . . p 1;) AMERICAS HOLDING CORP; DEUTSCHE BANK SECURITIES, IN 0.; WILLIAM WOODLEY; SONJA OLSEN; MICHAEL B. BAUSANO; TIBERIO MASSARO; JOHN MATSON; and DOES 1—50) 58. Plaintiff refers and incorporates herein by reference the allegations made in paragraphs 1 through 5 7, inclusive, as though fully set forth herein. 59. Recently, around May 25, 2018, DOE 1, who is a representative of Quality Loan Service Corporation falsely stated to plaintiff that Quality ‘ Loan Service Corporation holds interest in the subject property and was 1.0 allegedly assigned as substitute Trustee subject Mortgage relevant 11 to a lien‘on Plaintifi’s home. However, theoriginal Trustee on the note 12V was Long Beach Mortgage Company. Long Beach Mortgage Company 13 told plaintiff that they would always be the Trustee on the note. 14 However, Long Beach Mortgage Company has refused and failed to 15 provide the loan information to plaintiff. Therefore, these defendants 16A have lied to plaintiff. 17 60. On or about May 1, 2018, Defendant DOE 1, of Quality Loan Service 18 COrporation told plaintiff that a Notice ofRescission concerning the Default 19 had been filed. However,it wasn’t recorded and a sale was still pending. 20 61'. Every contract imposes upon each party a duty of good faith and fair dealing in its 21 performance and its enforcement. This implied covenant of good faith and fair 22 dealing requires that no party will do anything that will have the effect of 23 impairing, destroying, or injuring the rights of the other party to receive the 221 benefits of their agreement. The covenant implies that in all contracts each party 25 will do all things reasonably contemplated by the terms of the contract to 26 accomplish its purpose. This covenant protects the benefits of the contract that the "2'7 parties reasonably contemplated when they entered into the agreement. 28 15 Norma’ s Complaint 06/18/18 \*"“ a . . \/‘/ \’ 62. Alternatively, if the note and deed of trust was validly and properly assigned to the Foreclosing Defendants, the Foreclosing Defendants did not act in good faith and did not deal fairly with Plaintiffs in connection with the note and deed of trust when they refused to properly apply several payments to their loan and thereafter foreclosed on the Subject Property even though Plaintiffs provided proof of payments for the allegedly skipped months and thereafter refused to resolve the mistake with Plaintiffs in an equitable fashion. 63.‘ The Foreclosing Defendants enjoyed substantial discretionary power affecting the rights of Plaintiff during the events alleged in this Complaint. They were required 1o to exercise such power in good faith. 11 _ 64. The Foreclosing Defendants engaged in such conduct to drive Plaintiff into 12 foreclosure so that they could acquire the Subject Property with its large equity at a bargain basement price. These actions were a bad faith breach of the contract 13 14 between Plaintiff and the F oreclosing Defendants which show that they had no 15 intention of performing the contract, consisting of the original note and deed of 16 trust, in good faith. ' 17 - 65. MERS willfully breached their implied covenant of good faith and fair dealing 1e with Plaintiff when MERS allowed their alleged agent to execute the Assignment ' 19 of the Deed of Trust in order to appoint a new Trustee to begin foreclosure on the I 20 Subject Home. 21 66. As a'result cf the Foreclosing Defendants’ breaches of this covenant, Plaintiff has 22 suffered general and special damages in an amount to be determined at trial. 23 67. Plaintiff is owner by Grant Deed, secured by a Deed of Trust. Defendants claim an interest in the subject property by Assignment of Deed 24 of Trust. However, defendants sigped the Deed of Trust to themselves, a