Preview
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
—
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caseNo f 18C
V0316 ‘
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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,
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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.
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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
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each of them, constitute a cloud on Plaintiff” s title to the property.
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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,
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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
,
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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
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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;
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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
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531 a.
This Court’s declaratory judgment should further stipulate that before any action
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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
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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.
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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
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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
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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.
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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"».
‘
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.
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
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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.
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17
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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
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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