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SHAUN SMITH IL
6021 BARN SWALLOW COURT SUPERIOR COURT
ROCKLIN, CA 95765 Coney Ac oy CALIFORNIA
TEL: (650) 808-7597
SHAUNSMITHCALIFORNIA@GMAIL.COM oer 07 201 \
JAKE GHAI lene )
Attormey for Plaintiff, Shaun Smith, “In Pro Per”
EX Bye a Ye IGE ne aa
SUPERIOR COURT OF CALIFORNIA
COUNTY OF PLACER
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[UNLIMITED CIVIL ACTION]
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= aea ) Case No.: S-CV-0041713
13 SHAUN SMITH, an individual, )
. ) REQUEST FOR JUDICIAL NOTICE IN
14 Plaintiff, ) SUPPORT OF TEMPORARY
) RESTRAINING ORDER; AND AN ORDER
15 vs. ) TO SHOW CAUSE FOR A PRELIMINARY
PINGORA LOAN SERVICING, LLC; MTC ) INJUNCTION
16
FINANCIAL INC dba TRUSTEE CORPS; )
17 CENLAR FSB; and DEOS 1 through 100, } pate: 13/07/2018
inclusive ) Time: 8:00 a.m.
18 Defendants. ) Dept.: 42
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)
)
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)
)
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22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
23 PLEASE TAKE NOTICE that pursuant to California Evidence Code sections 452 and
24 453, Plaintiff Shaun Smith respectfully requests that, in considering the Ex Parte Application for
25 a Temporary Restraining Order and an Order to Show Cause for a Preliminary Injunction, this
26 Court take judicial notice of the following Exhibits attached to the Declaration of Cenlar:
27 1. Exhibit 1 attached and incorporated herein is a Declaration by Cenlar FSB. Please
28 see attached to said Declaration Exhibit G, a Notice of Default and Election to Sell.
DECLARATION OF SHAUN SMITH RE: TEMPORARY RESTRAINING ORDER AND PRELIMINARY INUNCTION - 1
These documents are subject to judicial notice pursuant to California Evidence Code
§452(d) as records of a court of this State or any court of the United States.
Dated: December 6, 2018
===
SHAUN Mitty
Plaintiff, “In Pro Per”
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DECLARATION OF SHAUN SMITH RE: TEMPORARY RESTRAINING ORDER AND PRELIMINARY INUNCTION - 2
EXHIBIT “1”
Robert W. Norman, Jr. (SBN 232470)
Neil J.Cooper (SBN 277997)
HOUSER & ALLISON, APC
9970 Research Drive
Irvine, CA 92618
WwW
Tel: (949) 679-1111
Fax: (949) 679-1112
LH
Email: ncooper@houser-law.com
Uw
Attomeys for Defendants
Pingora Loan Servicing. LLC: Cenlar FSB incorrectly named as
BW
Cenlar Agency, Inc.;and
Mortgage Electronic Registration Systems, Inc.
4
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
SITAUN SMITH, an individual. Case No.: SCV0040458
Plaintiff,
CENLAR FSB DECLARATION IN
VS. SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S
PINGORA I.OAN SERVICING, LLC, a APPLICATION FOR PRELIMINARY
Delaware |.imited Liability Company; MTC INJUNCTION
FINANCIAL INC., a California Corporation
dba TRUSTEE CORPS; CENLAR AGENCY,
INC., a New Jersey Corporation doin Hearing —
business as CENLAR FSB; GREENHEAD Date: March 1,2018
INVESTMENTS, INC., a California Time: 8:30 a.m.
Corporation; MORTGAGE ELECTRONIC Dept.: 43
REGISTRATION SYSTEMS, INC.. a
Delaware Corporation; and DOES 1 through Complaint filed:December 15, 2017
100, inclusive, Trial Date: None
Defendants.
___CENLAR DECLARATION ISO OPPOSITION TO PRELIMINARY INJUNCTION
489154000668085.DOC.
2/20/2018!
DECLARATION
I.Diane Constantine, hereby declare as follows:
L I am an Assistant Secretary at Cenlar FSB (“Cenlar”’). who was incorrectly
named as Cenlar Agency, Inc. I am authorized to make this declaration in support of
Defendants” Opposition to Plaintiffs Application for Preliminary Injunction. J make
DH
this
declaration based upon my experience as an Assistant Secretary and my knowledge and review
DN
of Cenlar’s record-keeping systems and business records created and kept in the regular
SN
course
of Cenlar’s business.
S&S
2. In my capacity
Oo
as an Assistant Secretary at Cenlar, I have access to the business
records in the custody and control of Cenlar as they relate to the documents and facts referred
to herein. | am familiar with Cenlar’s business records and loan servicing systems. including
its system notes and/or communication logs of loans serviced by Cenlar. The records upon
which Ibase this declaration are made in the ordinary course of business by persons who have
a business duty to make such records on behalf of Cenlar. The records are made at or near the
time of the occurrence of the events that are recorded. by persons with knowledge of the
activity and transactions reflected in such records, and are kept in the course of business
activity conducted regularly by Cenlar. The prior loan servicers’ records are transferred to
Cenlar, in the normal course and maintained by Cenlar who has a business duty to maintain
and make such records. I have personally reviewed the relevant records of Cenlar, which
include the relevant records in Cenlar’s possession of prior loan servicers and the owners and
beneficiaries of the loan, as they relate to the documents and other statements set forth herein.
3. Cenlar isthe loan servicer and Pingora Loan Servicing, LLC (*Pingora”) is the
owner and beneficiary of the July 2014, $466,396.00 loan (“Loan”) from Sierra Pacilic
Mortgage Company, Inc. (“Sierra”) to Shaun Smith (“Plaintiff”), which is the subject of this
litigation. The Loan isdocumented with a Note dated July 3, 2014 executed by Plaintiff. A
true and correct copy of the Note is attached hereto as Exhibit A and incorporated by
reference.
CENLAR DECLARATION ISO OPPOSITION TO PRELIMINARY INJUNCTION .
£891
5/00066808.D0C. 220/018! 2
4. The Loan is secured by a Deed of Trust recorded on July 14, 2014 in the Placer
County Recorder’s Office as Document No. 2014-0046685-00 against the real property located
N
at 6021 Barn Swallow Court, Rocklin, California 95765 (the “Property”). A true and correct
W
copy of the Deed of Trust is attached hereto as Exhibit
ee
B and incorporated by reference.
4 The beneficial interest in the Note and
TH
Deed of Trust was transferred to Pingora.
An Assignment of Deed of Trust was recorded
oO
on June 28. 2016 in the Placer County
Recorder’s Office as Document No. 2016-0050805-00. transferring the beneficial
HT
interest in
the Deed of Trust from Mortgage Electronic
Oo
Registration Systems, Inc., as nominee for Sierra,
to Pingora. A true and correct copy of the Assignment of Deed of Trust is attached hereto as
o
Exhibit C and incorporated by reference.
6. A Substitution of Trustee was recorded in the Placer County Recorder's Office
on June 28, 2016 as Document No. 2016-0050806-00. substituting MTC Financial Inc. dba
Trustee Corps (“Trustee Corps”) as trustee under the Deed of Trust. A true and correct copy of
the Substitution of Trustee is attached hereto as Exhibit D and incorporated by reference.
ie By October 2016, Borrower's Loan was in default. In or around October 2016.
Pingora and Borrower entered into a Loan Modification Agreement. A true and correct copy
of the Loan Modification Agreement is attached hereto as Exhibit E and incorporated by
reference.
8. After the Loan Modification Agreement, Borrower made several months’
payments. However. Borrower failed to make his March 1, 20]7 payment and payments
thereafter. While there was an attempt to make a payment on April 14, 2017, the payment
could not process duc to insufficient funds.
9. Cenlar attempted to contact Borrower as required by California Civil Code
Section 2923.55. Specifically, Cenlar sent Borrower a firstletter on April 10, 2017; made calls
to Borrower on April 8, 2017, April 11. 2017, and May |, 2017: and sent Borrower a second
letter (dated May 16, 2017) on May 17, 2017. However, these attempts to contact Borrower
were unsuccessful. True and correct copies of the letterssent on April 10, 2017 and May 17,
2017 are attached hereto as Exhibit F and incorporated by reference.
~ CENLAR DECLARATION ISO OPPOSITION TO PRELIMINARY INJUNCTION
(8918410006805DOC. 2/20/2018} 3
10. —_ In addition to Cenlar’s efforts. Trustee Corps sent Borrower a letter on July 17,
—
2017 informing Borrower of the amount due on the Loan through August 1.2017.
NY
11. On July 24. 2017, a Notice of Default was recorded in the Placer County
W
Recorder's Office as Document No. 2017-0054830,
B&B
A true and correct copy of the Notice of
Default is attached hereto as Exhibit G and incorporated by reference.
UW
12, On October
BDH
12, 2017. Borrower called and spoke with a Cenlar representative.
Borrower apparently conveyed that he had had medical issues and was advised by the Cenlar
SI
representative of loss mitigation options,
moe
including applying for a loan modification. The
Cenlar representative warned, however, that due to the October
oO
2016 modification. Borrower
might not be approved for a new modification.
—
o
11 13. On October 30. 2017, a Notice of Trustee’s Sale was recorded in the Placer
County Recorder’s Office as Document No. 2017-0084677. A truc and correct copy of the
Notice of Trustce’s Sale isattached hereto as Exhibit H and incorporated by reference.
14. On November 25, 2017. Borrower again called and spoke with a Cenlar
representative. The Cenlar representative again discussed potential loss mitigations options
and sent Borrower a loan modification application packet. The Cenlar representative also
informed Borrower of the then-pending December 20, 2017 trustee’s sale.
15. On November 30, 2017, Cenlar again spoke with Borrower, who requested the
payolT amount.
16. On December 4, 2017, Cenlar sent Borrower a payoff demand detailing the
amounts Borrower owes. The amounts set forth in the demands are true and accurate
reflections of amounts Borrower owed. and additional amounts have accrued for escrow
advances, A true and correct copy of the demand is attached hereto as Exhibit I and
incorporated by reference.
MW. On December 4. 2017, Trustee Corps also sent Borrower reinstatement and
payoff demands detailing the amounts Borrower owes. A true and correct copy of the demands
is attached hereto as Exhibit J and incorporated by reference
CENLAR DECLARATION ISO OPPOSITION TO PRELIMINARY INJUNCTION
{8915/00066805.DOC.2/20/2018} 4
1 18. On December 12, 2017, Cenlar again spoke with Borrower. Borrower informed
Cenlar that he was working with Keep Your Home California, and were working on the
w
paperwork to bring Borrower’s account current. Borrower informed Cenlar that he could pay
WwW
up to $55,000 at that time, but requested an extension of the December 20. 2017 sale in order
BR
5 |}tosubmit his paperwork and bring the loan current. Borrower again requested a loan
6 || modification packet, which Cenlar sent. Borrower did not reinstate the loan, despite the
7 || amount to do so being approximately $33,000. i.e.less than Borrower alleged he had on hand.
8 19. On December 14, 2017. Borrower called Cenlar requesting that the sale be
9 || postponed. However, Cenlar informed Borrower that the sale could not be postponed, as he
10 || had not submitted paperwork.
1] 20. The Loan is contractually due for the March 1, 2017 payment. As of February
12 |, 14, 2018, the current balance of the Loan is approximately $331.976.59. In addition to this
13 |) amount, approximately $12,901.52 isdue for escrow advances including payment of taxes and
14 |} insurance, $283.08 is due in late charges. Accrued interest as of March 1, 2018 will total
15 || $13,936.13. Should Borrower reinstate the debt, his regular monthly payment will be
16 || $2,752.14.
17 21. Cenlar and Pingora continue to incur financial loss each month no payment is
18 |) made by Borrower. In addition to lost income, Cenlar is required to advance taxes and
19 || insurance to protect the Property.
20 ] declare under penalty of perjury under the laws of the State of California that the
21 || foregoing is true and correct.
22 Executed this 20th day of February, 2018 atEwipf.New Jersey.
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AduKAYA
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Secacele1
op
Mens =
= Name: Diane Constantine
26
Title: Assistant Secretary
27
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28
CENLAR DECLARATION ISO OPPOSITION TO PRELIMINARY INJUNCTION
(8915/00066805.DOC.2/2020183 5
4Y HD Ww FSF WH N
Exhibit A
hy pegiifies this
document a
dersigned
herby Ze = itnai NOTE FHACase
No.
—_ of Teen aint
correcA ae Ee 043-9405373-703
OLD REPUBLI
goryBY?
[Dsie}
6021 BARN SWALLOW COURT
~ ROCKLIN, CA 95765
{Property
Addsess]
1. PARTIES
“Borrower”
means
each
person
signing
at
theend
of this
Note,
andthe Person's
successors
andassigns.
“Lender”
means
SIERRA PACIFICMORTGAGE COMPANY, INC.,A CALIFORNIA CORPORATION;NMLS: 1788
aod andassigns.
its successors
2 BORROWER'S PROMISE TO PAY;INTEREST
In return
fora loan
recelved
fromLender,
Borrower
promises
to pay
the
principal
sumof
FOUR HUNDRED SIXTY-SIX THOUSAND THREE HUNDRED NINETY~-SIX and NO/100-<-~-
Dollars
(US.$ 466,396.00 ),plus
interest.
tothe
order
ofLender.
Interest
will
becharged
om unpaid
principal,
fromthe
date
ofdishursement
oftheloan
proceeds
byLender,
a1the
rate
of FOUR AND ONE QUARTER
percent
( 4.250 %)peryear
uotll
thefull
amountof principal
has
beenpaid.
3. PROMISE TO PAY SECURED
Borrower's
promise
lo pay
tssecured
bya mortgage,
deedof trust
orshnilar
security
Instrumem
that
is
dated
thesame
dale
asthis
Noteandcalled
the"Security
Instrumeni.”
TheSecurity
Instrument
protects
theLender
from
losses
which
might
resull
if Borrower
defaults
under
this
Note,
4 MANNER OF PAYMENT
(A) Time
Borrower
sball
make» payment
of principal
and
interest
to
Lender
on the
first
dayof each
monthbeginning
on
SEPTEMBER 1, 2014 . Any
principal
andinterest
remaining
onthe
first
dayof AUGUST , 2044
will
bedueonthat
date,
which
is called
the"Maturity
Dale.”
(B) Place
Payment
shall
bemadeat 1180 IRON POINT ROAD, SUITE 200
FOLSOM, CA 95630
9cat such
place
asLender
maydesignate
in
writing
bynotice
toBorrower.
(C) Amount
Each
monthly
payment
of principal
andinterest
will
bein
theamount
of U.S.3
. 2,294.39 :
Thisentount
will
bepart
ofa Jarger
monthly
payment
required
by the
Security
Instrument,
that
shall
heapplicd
toprincipal,
Interest
andother
lemsinthe
order
described
inthe
Security
Instrument.
(D) Alleags
tothis Note
for
paymentadjustments
Mf an allmage
providing
for payment
adjustments
is executed
byBorrower
together
withthis
Note,
ie covenants
of
the
allonge
shail
beincorporated
into
andsball
amend
andsupplement
the
covenants
of this
Noteas
if the
allonge
were
a part
of this
Note.
|Check
applicable
box}
{ ]Graduated
Payment
Alionge ( | Growing
Equity
ANlonge [ ]Other[specify]
5. BORROWER'S RIGHT TOPREPAY
Borrower
has the
right
topayihe debt
evidenced
bythis
Note,
In whole
or in part,
without
charge
or penalty,
onthe
first
dayof any
month.
Lender
shall
accept
peepeyment
onother
daysprovided
that
Borrower
paysinteres!
ontheamount
prepaid
for the
remainder
of the month
to the extent
required
byLender and
permitted
by regulations
of the Secretary.
Lf Borrower
makes
apardal
prepayment,
there
will
be nochanges
Intheduedate
orIn
theamount
ofthe
monthly
payment
unless
Leader
agrees
Inwriling
tothose
changes
6. BORROWSER'S FAILURE TOPAY
(A) Late
ChargeforOverdue
Payments
IfLender
basnolreceived
thefull
monthly
paymentrequired
bytheSecurity
Insirument,
as described
in
Poragraph
4(C)of this
Note,
by the
Preview
SHAUN SMITH IL 6021 BARN SWALLOW COURT SUPERIOR COURT ROCKLIN, CA 95765 Coney Ac oy CALIFORNIA TEL: (650) 808-7597 SHAUNSMITHCALIFORNIA@GMAIL.COM oer 07 201 \ JAKE GHAI lene ) Attormey for Plaintiff, Shaun Smith, “In Pro Per” EX Bye a Ye IGE ne aa SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER 10 [UNLIMITED CIVIL ACTION] 11 12 = aea ) Case No.: S-CV-0041713 13 SHAUN SMITH, an individual, ) . ) REQUEST FOR JUDICIAL NOTICE IN 14 Plaintiff, ) SUPPORT OF TEMPORARY ) RESTRAINING ORDER; AND AN ORDER 15 vs. ) TO SHOW CAUSE FOR A PRELIMINARY PINGORA LOAN SERVICING, LLC; MTC ) INJUNCTION 16 FINANCIAL INC dba TRUSTEE CORPS; ) 17 CENLAR FSB; and DEOS 1 through 100, } pate: 13/07/2018 inclusive ) Time: 8:00 a.m. 18 Defendants. ) Dept.: 42 19 ) ) 20 ) ) 21 22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 23 PLEASE TAKE NOTICE that pursuant to California Evidence Code sections 452 and 24 453, Plaintiff Shaun Smith respectfully requests that, in considering the Ex Parte Application for 25 a Temporary Restraining Order and an Order to Show Cause for a Preliminary Injunction, this 26 Court take judicial notice of the following Exhibits attached to the Declaration of Cenlar: 27 1. Exhibit 1 attached and incorporated herein is a Declaration by Cenlar FSB. Please 28 see attached to said Declaration Exhibit G, a Notice of Default and Election to Sell. DECLARATION OF SHAUN SMITH RE: TEMPORARY RESTRAINING ORDER AND PRELIMINARY INUNCTION - 1 These documents are subject to judicial notice pursuant to California Evidence Code §452(d) as records of a court of this State or any court of the United States. Dated: December 6, 2018 === SHAUN Mitty Plaintiff, “In Pro Per” 10 11 12 13 14 15 16 Im 18 i$ 20 21 22 23 24 25 26 27 28 DECLARATION OF SHAUN SMITH RE: TEMPORARY RESTRAINING ORDER AND PRELIMINARY INUNCTION - 2 EXHIBIT “1” Robert W. Norman, Jr. (SBN 232470) Neil J.Cooper (SBN 277997) HOUSER & ALLISON, APC 9970 Research Drive Irvine, CA 92618 WwW Tel: (949) 679-1111 Fax: (949) 679-1112 LH Email: ncooper@houser-law.com Uw Attomeys for Defendants Pingora Loan Servicing. LLC: Cenlar FSB incorrectly named as BW Cenlar Agency, Inc.;and Mortgage Electronic Registration Systems, Inc. 4 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER SITAUN SMITH, an individual. Case No.: SCV0040458 Plaintiff, CENLAR FSB DECLARATION IN VS. SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S PINGORA I.OAN SERVICING, LLC, a APPLICATION FOR PRELIMINARY Delaware |.imited Liability Company; MTC INJUNCTION FINANCIAL INC., a California Corporation dba TRUSTEE CORPS; CENLAR AGENCY, INC., a New Jersey Corporation doin Hearing — business as CENLAR FSB; GREENHEAD Date: March 1,2018 INVESTMENTS, INC., a California Time: 8:30 a.m. Corporation; MORTGAGE ELECTRONIC Dept.: 43 REGISTRATION SYSTEMS, INC.. a Delaware Corporation; and DOES 1 through Complaint filed:December 15, 2017 100, inclusive, Trial Date: None Defendants. ___CENLAR DECLARATION ISO OPPOSITION TO PRELIMINARY INJUNCTION 489154000668085.DOC. 2/20/2018! DECLARATION I.Diane Constantine, hereby declare as follows: L I am an Assistant Secretary at Cenlar FSB (“Cenlar”’). who was incorrectly named as Cenlar Agency, Inc. I am authorized to make this declaration in support of Defendants” Opposition to Plaintiffs Application for Preliminary Injunction. J make DH this declaration based upon my experience as an Assistant Secretary and my knowledge and review DN of Cenlar’s record-keeping systems and business records created and kept in the regular SN course of Cenlar’s business. S&S 2. In my capacity Oo as an Assistant Secretary at Cenlar, I have access to the business records in the custody and control of Cenlar as they relate to the documents and facts referred to herein. | am familiar with Cenlar’s business records and loan servicing systems. including its system notes and/or communication logs of loans serviced by Cenlar. The records upon which Ibase this declaration are made in the ordinary course of business by persons who have a business duty to make such records on behalf of Cenlar. The records are made at or near the time of the occurrence of the events that are recorded. by persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by Cenlar. The prior loan servicers’ records are transferred to Cenlar, in the normal course and maintained by Cenlar who has a business duty to maintain and make such records. I have personally reviewed the relevant records of Cenlar, which include the relevant records in Cenlar’s possession of prior loan servicers and the owners and beneficiaries of the loan, as they relate to the documents and other statements set forth herein. 3. Cenlar isthe loan servicer and Pingora Loan Servicing, LLC (*Pingora”) is the owner and beneficiary of the July 2014, $466,396.00 loan (“Loan”) from Sierra Pacilic Mortgage Company, Inc. (“Sierra”) to Shaun Smith (“Plaintiff”), which is the subject of this litigation. The Loan isdocumented with a Note dated July 3, 2014 executed by Plaintiff. A true and correct copy of the Note is attached hereto as Exhibit A and incorporated by reference. CENLAR DECLARATION ISO OPPOSITION TO PRELIMINARY INJUNCTION . £891 5/00066808.D0C. 220/018! 2 4. The Loan is secured by a Deed of Trust recorded on July 14, 2014 in the Placer County Recorder’s Office as Document No. 2014-0046685-00 against the real property located N at 6021 Barn Swallow Court, Rocklin, California 95765 (the “Property”). A true and correct W copy of the Deed of Trust is attached hereto as Exhibit ee B and incorporated by reference. 4 The beneficial interest in the Note and TH Deed of Trust was transferred to Pingora. An Assignment of Deed of Trust was recorded oO on June 28. 2016 in the Placer County Recorder’s Office as Document No. 2016-0050805-00. transferring the beneficial HT interest in the Deed of Trust from Mortgage Electronic Oo Registration Systems, Inc., as nominee for Sierra, to Pingora. A true and correct copy of the Assignment of Deed of Trust is attached hereto as o Exhibit C and incorporated by reference. 6. A Substitution of Trustee was recorded in the Placer County Recorder's Office on June 28, 2016 as Document No. 2016-0050806-00. substituting MTC Financial Inc. dba Trustee Corps (“Trustee Corps”) as trustee under the Deed of Trust. A true and correct copy of the Substitution of Trustee is attached hereto as Exhibit D and incorporated by reference. ie By October 2016, Borrower's Loan was in default. In or around October 2016. Pingora and Borrower entered into a Loan Modification Agreement. A true and correct copy of the Loan Modification Agreement is attached hereto as Exhibit E and incorporated by reference. 8. After the Loan Modification Agreement, Borrower made several months’ payments. However. Borrower failed to make his March 1, 20]7 payment and payments thereafter. While there was an attempt to make a payment on April 14, 2017, the payment could not process duc to insufficient funds. 9. Cenlar attempted to contact Borrower as required by California Civil Code Section 2923.55. Specifically, Cenlar sent Borrower a firstletter on April 10, 2017; made calls to Borrower on April 8, 2017, April 11. 2017, and May |, 2017: and sent Borrower a second letter (dated May 16, 2017) on May 17, 2017. However, these attempts to contact Borrower were unsuccessful. True and correct copies of the letterssent on April 10, 2017 and May 17, 2017 are attached hereto as Exhibit F and incorporated by reference. ~ CENLAR DECLARATION ISO OPPOSITION TO PRELIMINARY INJUNCTION (8918410006805DOC. 2/20/2018} 3 10. —_ In addition to Cenlar’s efforts. Trustee Corps sent Borrower a letter on July 17, — 2017 informing Borrower of the amount due on the Loan through August 1.2017. NY 11. On July 24. 2017, a Notice of Default was recorded in the Placer County W Recorder's Office as Document No. 2017-0054830, B&B A true and correct copy of the Notice of Default is attached hereto as Exhibit G and incorporated by reference. UW 12, On October BDH 12, 2017. Borrower called and spoke with a Cenlar representative. Borrower apparently conveyed that he had had medical issues and was advised by the Cenlar SI representative of loss mitigation options, moe including applying for a loan modification. The Cenlar representative warned, however, that due to the October oO 2016 modification. Borrower might not be approved for a new modification. — o 11 13. On October 30. 2017, a Notice of Trustee’s Sale was recorded in the Placer County Recorder’s Office as Document No. 2017-0084677. A truc and correct copy of the Notice of Trustce’s Sale isattached hereto as Exhibit H and incorporated by reference. 14. On November 25, 2017. Borrower again called and spoke with a Cenlar representative. The Cenlar representative again discussed potential loss mitigations options and sent Borrower a loan modification application packet. The Cenlar representative also informed Borrower of the then-pending December 20, 2017 trustee’s sale. 15. On November 30, 2017, Cenlar again spoke with Borrower, who requested the payolT amount. 16. On December 4, 2017, Cenlar sent Borrower a payoff demand detailing the amounts Borrower owes. The amounts set forth in the demands are true and accurate reflections of amounts Borrower owed. and additional amounts have accrued for escrow advances, A true and correct copy of the demand is attached hereto as Exhibit I and incorporated by reference. MW. On December 4. 2017, Trustee Corps also sent Borrower reinstatement and payoff demands detailing the amounts Borrower owes. A true and correct copy of the demands is attached hereto as Exhibit J and incorporated by reference CENLAR DECLARATION ISO OPPOSITION TO PRELIMINARY INJUNCTION {8915/00066805.DOC.2/20/2018} 4 1 18. On December 12, 2017, Cenlar again spoke with Borrower. Borrower informed Cenlar that he was working with Keep Your Home California, and were working on the w paperwork to bring Borrower’s account current. Borrower informed Cenlar that he could pay WwW up to $55,000 at that time, but requested an extension of the December 20. 2017 sale in order BR 5 |}tosubmit his paperwork and bring the loan current. Borrower again requested a loan 6 || modification packet, which Cenlar sent. Borrower did not reinstate the loan, despite the 7 || amount to do so being approximately $33,000. i.e.less than Borrower alleged he had on hand. 8 19. On December 14, 2017. Borrower called Cenlar requesting that the sale be 9 || postponed. However, Cenlar informed Borrower that the sale could not be postponed, as he 10 || had not submitted paperwork. 1] 20. The Loan is contractually due for the March 1, 2017 payment. As of February 12 |, 14, 2018, the current balance of the Loan is approximately $331.976.59. In addition to this 13 |) amount, approximately $12,901.52 isdue for escrow advances including payment of taxes and 14 |} insurance, $283.08 is due in late charges. Accrued interest as of March 1, 2018 will total 15 || $13,936.13. Should Borrower reinstate the debt, his regular monthly payment will be 16 || $2,752.14. 17 21. Cenlar and Pingora continue to incur financial loss each month no payment is 18 |) made by Borrower. In addition to lost income, Cenlar is required to advance taxes and 19 || insurance to protect the Property. 20 ] declare under penalty of perjury under the laws of the State of California that the 21 || foregoing is true and correct. 22 Executed this 20th day of February, 2018 atEwipf.New Jersey. > LY2 , : 24 Ai AduKAYA i 2 Secacele1 op Mens = = Name: Diane Constantine 26 Title: Assistant Secretary 27 | 28 CENLAR DECLARATION ISO OPPOSITION TO PRELIMINARY INJUNCTION (8915/00066805.DOC.2/2020183 5 4Y HD Ww FSF WH N Exhibit A hy pegiifies this document a dersigned herby Ze = itnai NOTE FHACase No. —_ of Teen aint correcA ae Ee 043-9405373-703 OLD REPUBLI goryBY? [Dsie} 6021 BARN SWALLOW COURT ~ ROCKLIN, CA 95765 {Property Addsess] 1. PARTIES “Borrower” means each person signing at theend of this Note, andthe Person's successors andassigns. “Lender” means SIERRA PACIFICMORTGAGE COMPANY, INC.,A CALIFORNIA CORPORATION;NMLS: 1788 aod andassigns. its successors 2 BORROWER'S PROMISE TO PAY;INTEREST In return fora loan recelved fromLender, Borrower promises to pay the principal sumof FOUR HUNDRED SIXTY-SIX THOUSAND THREE HUNDRED NINETY~-SIX and NO/100-<-~- Dollars (US.$ 466,396.00 ),plus interest. tothe order ofLender. Interest will becharged om unpaid principal, fromthe date ofdishursement oftheloan proceeds byLender, a1the rate of FOUR AND ONE QUARTER percent ( 4.250 %)peryear uotll thefull amountof principal has beenpaid. 3. PROMISE TO PAY SECURED Borrower's promise lo pay tssecured bya mortgage, deedof trust orshnilar security Instrumem that is dated thesame dale asthis Noteandcalled the"Security Instrumeni.” TheSecurity Instrument protects theLender from losses which might resull if Borrower defaults under this Note, 4 MANNER OF PAYMENT (A) Time Borrower sball make» payment of principal and interest to Lender on the first dayof each monthbeginning on SEPTEMBER 1, 2014 . Any principal andinterest remaining onthe first dayof AUGUST , 2044 will bedueonthat date, which is called the"Maturity Dale.” (B) Place Payment shall bemadeat 1180 IRON POINT ROAD, SUITE 200 FOLSOM, CA 95630 9cat such place asLender maydesignate in writing bynotice toBorrower. (C) Amount Each monthly payment of principal andinterest will bein theamount of U.S.3 . 2,294.39 : Thisentount will bepart ofa Jarger monthly payment required by the Security Instrument, that shall heapplicd toprincipal, Interest andother lemsinthe order described inthe Security Instrument. (D) Alleags tothis Note for paymentadjustments Mf an allmage providing for payment adjustments is executed byBorrower together withthis Note, ie covenants of the allonge shail beincorporated into andsball amend andsupplement the covenants of this Noteas if the allonge were a part of this Note. |Check applicable box} { ]Graduated Payment Alionge ( | Growing Equity ANlonge [ ]Other[specify] 5. BORROWER'S RIGHT TOPREPAY Borrower has the right topayihe debt evidenced bythis Note, In whole or in part, without charge or penalty, onthe first dayof any month. Lender shall accept peepeyment onother daysprovided that Borrower paysinteres! ontheamount prepaid for the remainder of the month to the extent required byLender and permitted by regulations of the Secretary. Lf Borrower makes apardal prepayment, there will be nochanges Intheduedate orIn theamount ofthe monthly payment unless Leader agrees Inwriling tothose changes 6. BORROWSER'S FAILURE TOPAY (A) Late ChargeforOverdue Payments IfLender basnolreceived thefull monthly paymentrequired bytheSecurity Insirument, as described in Poragraph 4(C)of this Note, by the