Supersede As
71
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO APPELLATE DIVISION SALVATORE B. D’ANNA, Appellant/Petitioner, v. GREENPOINT MORTGAGE FUNDING INC. Appellate/Respondent. Appellate Court Case No.: TBA Judgment mailed June 23, 2010 Honorable Allan J. Preckel East County Division, Department 12 (619) 456-4012 Trial Court Case Nos.: 37-2009-00033936 PETITION FOR WRIT OF SUPERSEDEAS; MEMORANDUM OF POINTS AND AUTHORITIES *IMMEDIATE STAY REQUESTED* Salvatore B. D’Anna, Pro Per 3941 ¾ Kenwood Dr. Spring Valley, CA 91977 V: (619) 602-6647 F: (619) 374-2268 Email: [email protected] Attorney for Petitioner SALVATORE B. D’ANNA, PRO PER
Transcript of Supersede As
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO APPELLATE DIVISION
SALVATORE B DrsquoANNA AppellantPetitioner
v
GREENPOINT MORTGAGE FUNDING INC
AppellateRespondent
Appellate Court Case No TBA Judgment mailed June 23 2010 Honorable Allan J Preckel
East County Division Department 12 (619) 456-4012 Trial Court Case Nos 37-2009-00033936
PETITION FOR WRIT OF SUPERSEDEAS
MEMORANDUM OF POINTS AND AUTHORITIES IMMEDIATE STAY REQUESTED
Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr
Spring Valley CA 91977 V (619) 602-6647 F (619) 374-2268
Email saldannagmailcom
Attorney for Petitioner SALVATORE B DrsquoANNA PRO PER
i
TABLE OF CONTENTS
NOTICE OF APPEAL helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 1 I PETITION FOR WRIT OF SUPERSEDEAS helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 5 II MEMORANDUM OF POINTS OF AUTHORITIEShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hellip P10
DECLARATION OF SALVATORE B DrsquoANNAhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 23
EXHIBIT A- DEED OF TRUST helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 24
EXHIBIT B ndash NOTICE OF NON-COMPLIANCE AND PROOF OF RECEIPT helliphelliphelliphelliphellipP38
EXHIBIT C ndash ORDER GRANTING WRIT OF MANDATE helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 52
EXHIBIT D ndash STATEMENT OF DECISIONJUDGMENTORDER helliphelliphelliphelliphelliphelliphelliphelliphellipP 59
EXHIBIT E ndash HOMES FOR RENT IN AREA helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 64
1
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3
CERTIFICATE OF SERVICE FOR NOTICE OFAPPEAL - 1
1
2
3
4
5
6
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8
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10
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CERTIFICATE OF SERVICE
I hereby certify that I am not a party to the above-entitled case that on the date shown
below I served a true and correct copy of this Notice of Appeal on the parties shown below by
placing a true copy in a separate envelope addressed as shown below each envelope was then
sealed and with postage fully prepaid deposited in the United States Postal Services at Lemon
Grove California
Respondent Counsel for Real Parties in Interest Brian H Tran Tami S Crosby Bauer Bergstrom amp Winters LLP 1231 E Dyer Road Suite 100 Santa Ana CA 92705
Date July 1 2010
By _______________ Frank DrsquoAnna Jr
4
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO APPELLATE DIVISION
SALVATORE B DrsquoANNA AppellantPetitioner
v
GREENPOINT MORTGAGE FUNDING INC
AppellateRespondent
Appellate Court Case No TBA Judgment mailed June 23 2010 Honorable Allan J Preckel
East County Division Department 12 (619) 456-4012 Trial Court Case Nos 37-2009-00033936
PETITION FOR WRIT OF SUPERSEDEAS
MEMORANDUM OF POINTS AND AUTHORITIES IMMEDIATE STAY REQUESTED
Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr
Spring Valley CA 91977 V (619) 602-6647 F (619) 374-2268
Email saldannagmailcom
Attorney for Petitioner SALVATORE B DrsquoANNA PRO PER
1
5
I
Petition for Writ of Supersedeas
By this verified Petition Petitioner shows 1 Pursuant to Code of Civil Procedure section 923 and Rules of Court rule
8112 the Petitioner Salvatore B DrsquoAnna respectfully petitions the San Diego
Superior Court Appellate Division to issue a Writ of Supersedeas for purposes of
staying the Superior Courts judgment entered against him and recall any writ of
possession that may have issued pending resolution of Petitionerrsquos Appeal
2 The Petitioner will Immediately Suffer Irreparable Harm Code of Civil Procedure sect 1176(a) provides in pertinent part as follows An appeal taken by the defendant shall not automatically stay proceedings upon the judgment Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance In this case the judgment of the court summarily denied any request for a stay pending appeal right in the judgment
3 Since the trial was had in this unlawful detainer case over a year ago
Defendants in this case have been negotiating a settlement of this matter in our
Civil Case with Countrywide In order to possibly qualify for a loan modification
Defendants now have an additional roommate to assist in making the payments to
the bank upon approval of a loan modification This roommate was not a party to
this unlawful detainer lawsuit that occurred over a year ago It would be
unreasonable to expect that she could get removed from her home upon 5 days
notice from the sheriff The monthly rental amount she pays wasis to be used as
part of the loan modification If no loan modification gets approved then a sale of
the home to Defendants parents is also an option Defendant Salvatore B DrsquoAnna
last week allowed the house to be appraised by Countyrwide in anticipation of the
2
6
sale to our parents While not doubting these intentions to settle there are two
separate law firms involved and no guarantee on either side that the settlement will
move forward which is why a stay must issue in this instance and the appeal may
be dismissed if the parties settle rather than the alternative of losing their home
beforehand All parties including our roommate will suffer extreme hardship if a
stay of execution pending the outcome of the appeal is not issued by this court
4 Despite the extreme hardship that would be suffered by moving parties in
the absence of the granting of a stay plaintiff will suffer no irreparable harm
Defendants are willing to pay the monthly rental value into court as provided for
in CCP sect 1176 pending the outcome of the appeal Thus plaintiff would be
protected from any adverse consequences as a result of the issuance of a stay
5 An extraordinary writ such as a Writ Supersedeas will issue when a
Court of Appeal find[s] that it is necessary to protect a substantial right
when it is shown that some substantial damage will be suffered by petitioner if
said writ is denied [Citation] (People v Superior Court (John D) (1979) 95
CalApp3d 380 386-387 [] quoting Parker v Bowron (1953) 40 Cal2d 344
351) (In re Marico C (2004) 124 CalApp4th 1303 1312) Until this Court
renders its decisions with respect to the Petitioners appeal the Plaintiff will suffer
absolutely no harm if the Court stays the Superior Courts judgment and orders
Petitioner to pay rent to the court on a monthly basis Petitionerrsquos will have to pay
a monthly rent to someone else in any event and should therefore be allowed to
pay that same rent to the court pending the outcome of the appeal Contrarily if
this Court does not issue a stay pending the outcomes of this proceeding the
Petitioner will suffer imminent irreparable harm including the loss of his home
6 A Writ will issue if Petitioner can show that his appeal andor Civil case
have merit Petitioner believes that he will be the prevailing party in this appeal
and in his Civil case as described fully in the included Points and Authorities
3
7
7 Unless an appropriate writ is granted Petitioner will be forced to vacate his
home while at the same time a purchase price for the home by Petitionerrsquos parents
is still being negotiated in Petitionerrsquos Civil case Petitioner could lose his home if
a writ and stay are not issued by this court
WHEREFORE Petitioner prays that this Court 1 Immediately issue a stay of all further proceedings and order the Superior Court not to issue a Writ of Possession or to recall and void any Writ of Possession already ordered 2 Grant this Petition for a Writ of Supersedeas pending the Appeal 3 Order Petitioner to pay the fair market value of rent for the home to the court on a monthly basis pending the outcome of the appeal 4 Award Petitioner his costs in this proceeding 5 Grant such other and further relief as the Court may deem just and proper Respectfully submitted
Dated June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
4
8
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
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of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
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time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
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more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
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Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
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(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
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in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
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also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
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VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
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VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
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Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
i
TABLE OF CONTENTS
NOTICE OF APPEAL helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 1 I PETITION FOR WRIT OF SUPERSEDEAS helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 5 II MEMORANDUM OF POINTS OF AUTHORITIEShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hellip P10
DECLARATION OF SALVATORE B DrsquoANNAhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 23
EXHIBIT A- DEED OF TRUST helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 24
EXHIBIT B ndash NOTICE OF NON-COMPLIANCE AND PROOF OF RECEIPT helliphelliphelliphelliphellipP38
EXHIBIT C ndash ORDER GRANTING WRIT OF MANDATE helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 52
EXHIBIT D ndash STATEMENT OF DECISIONJUDGMENTORDER helliphelliphelliphelliphelliphelliphelliphelliphellipP 59
EXHIBIT E ndash HOMES FOR RENT IN AREA helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipP 64
1
2
3
CERTIFICATE OF SERVICE FOR NOTICE OFAPPEAL - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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21
22
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24
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CERTIFICATE OF SERVICE
I hereby certify that I am not a party to the above-entitled case that on the date shown
below I served a true and correct copy of this Notice of Appeal on the parties shown below by
placing a true copy in a separate envelope addressed as shown below each envelope was then
sealed and with postage fully prepaid deposited in the United States Postal Services at Lemon
Grove California
Respondent Counsel for Real Parties in Interest Brian H Tran Tami S Crosby Bauer Bergstrom amp Winters LLP 1231 E Dyer Road Suite 100 Santa Ana CA 92705
Date July 1 2010
By _______________ Frank DrsquoAnna Jr
4
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO APPELLATE DIVISION
SALVATORE B DrsquoANNA AppellantPetitioner
v
GREENPOINT MORTGAGE FUNDING INC
AppellateRespondent
Appellate Court Case No TBA Judgment mailed June 23 2010 Honorable Allan J Preckel
East County Division Department 12 (619) 456-4012 Trial Court Case Nos 37-2009-00033936
PETITION FOR WRIT OF SUPERSEDEAS
MEMORANDUM OF POINTS AND AUTHORITIES IMMEDIATE STAY REQUESTED
Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr
Spring Valley CA 91977 V (619) 602-6647 F (619) 374-2268
Email saldannagmailcom
Attorney for Petitioner SALVATORE B DrsquoANNA PRO PER
1
5
I
Petition for Writ of Supersedeas
By this verified Petition Petitioner shows 1 Pursuant to Code of Civil Procedure section 923 and Rules of Court rule
8112 the Petitioner Salvatore B DrsquoAnna respectfully petitions the San Diego
Superior Court Appellate Division to issue a Writ of Supersedeas for purposes of
staying the Superior Courts judgment entered against him and recall any writ of
possession that may have issued pending resolution of Petitionerrsquos Appeal
2 The Petitioner will Immediately Suffer Irreparable Harm Code of Civil Procedure sect 1176(a) provides in pertinent part as follows An appeal taken by the defendant shall not automatically stay proceedings upon the judgment Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance In this case the judgment of the court summarily denied any request for a stay pending appeal right in the judgment
3 Since the trial was had in this unlawful detainer case over a year ago
Defendants in this case have been negotiating a settlement of this matter in our
Civil Case with Countrywide In order to possibly qualify for a loan modification
Defendants now have an additional roommate to assist in making the payments to
the bank upon approval of a loan modification This roommate was not a party to
this unlawful detainer lawsuit that occurred over a year ago It would be
unreasonable to expect that she could get removed from her home upon 5 days
notice from the sheriff The monthly rental amount she pays wasis to be used as
part of the loan modification If no loan modification gets approved then a sale of
the home to Defendants parents is also an option Defendant Salvatore B DrsquoAnna
last week allowed the house to be appraised by Countyrwide in anticipation of the
2
6
sale to our parents While not doubting these intentions to settle there are two
separate law firms involved and no guarantee on either side that the settlement will
move forward which is why a stay must issue in this instance and the appeal may
be dismissed if the parties settle rather than the alternative of losing their home
beforehand All parties including our roommate will suffer extreme hardship if a
stay of execution pending the outcome of the appeal is not issued by this court
4 Despite the extreme hardship that would be suffered by moving parties in
the absence of the granting of a stay plaintiff will suffer no irreparable harm
Defendants are willing to pay the monthly rental value into court as provided for
in CCP sect 1176 pending the outcome of the appeal Thus plaintiff would be
protected from any adverse consequences as a result of the issuance of a stay
5 An extraordinary writ such as a Writ Supersedeas will issue when a
Court of Appeal find[s] that it is necessary to protect a substantial right
when it is shown that some substantial damage will be suffered by petitioner if
said writ is denied [Citation] (People v Superior Court (John D) (1979) 95
CalApp3d 380 386-387 [] quoting Parker v Bowron (1953) 40 Cal2d 344
351) (In re Marico C (2004) 124 CalApp4th 1303 1312) Until this Court
renders its decisions with respect to the Petitioners appeal the Plaintiff will suffer
absolutely no harm if the Court stays the Superior Courts judgment and orders
Petitioner to pay rent to the court on a monthly basis Petitionerrsquos will have to pay
a monthly rent to someone else in any event and should therefore be allowed to
pay that same rent to the court pending the outcome of the appeal Contrarily if
this Court does not issue a stay pending the outcomes of this proceeding the
Petitioner will suffer imminent irreparable harm including the loss of his home
6 A Writ will issue if Petitioner can show that his appeal andor Civil case
have merit Petitioner believes that he will be the prevailing party in this appeal
and in his Civil case as described fully in the included Points and Authorities
3
7
7 Unless an appropriate writ is granted Petitioner will be forced to vacate his
home while at the same time a purchase price for the home by Petitionerrsquos parents
is still being negotiated in Petitionerrsquos Civil case Petitioner could lose his home if
a writ and stay are not issued by this court
WHEREFORE Petitioner prays that this Court 1 Immediately issue a stay of all further proceedings and order the Superior Court not to issue a Writ of Possession or to recall and void any Writ of Possession already ordered 2 Grant this Petition for a Writ of Supersedeas pending the Appeal 3 Order Petitioner to pay the fair market value of rent for the home to the court on a monthly basis pending the outcome of the appeal 4 Award Petitioner his costs in this proceeding 5 Grant such other and further relief as the Court may deem just and proper Respectfully submitted
Dated June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
4
8
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
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44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
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CERTIFICATE OF SERVICE FOR NOTICE OFAPPEAL - 1
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CERTIFICATE OF SERVICE
I hereby certify that I am not a party to the above-entitled case that on the date shown
below I served a true and correct copy of this Notice of Appeal on the parties shown below by
placing a true copy in a separate envelope addressed as shown below each envelope was then
sealed and with postage fully prepaid deposited in the United States Postal Services at Lemon
Grove California
Respondent Counsel for Real Parties in Interest Brian H Tran Tami S Crosby Bauer Bergstrom amp Winters LLP 1231 E Dyer Road Suite 100 Santa Ana CA 92705
Date July 1 2010
By _______________ Frank DrsquoAnna Jr
4
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO APPELLATE DIVISION
SALVATORE B DrsquoANNA AppellantPetitioner
v
GREENPOINT MORTGAGE FUNDING INC
AppellateRespondent
Appellate Court Case No TBA Judgment mailed June 23 2010 Honorable Allan J Preckel
East County Division Department 12 (619) 456-4012 Trial Court Case Nos 37-2009-00033936
PETITION FOR WRIT OF SUPERSEDEAS
MEMORANDUM OF POINTS AND AUTHORITIES IMMEDIATE STAY REQUESTED
Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr
Spring Valley CA 91977 V (619) 602-6647 F (619) 374-2268
Email saldannagmailcom
Attorney for Petitioner SALVATORE B DrsquoANNA PRO PER
1
5
I
Petition for Writ of Supersedeas
By this verified Petition Petitioner shows 1 Pursuant to Code of Civil Procedure section 923 and Rules of Court rule
8112 the Petitioner Salvatore B DrsquoAnna respectfully petitions the San Diego
Superior Court Appellate Division to issue a Writ of Supersedeas for purposes of
staying the Superior Courts judgment entered against him and recall any writ of
possession that may have issued pending resolution of Petitionerrsquos Appeal
2 The Petitioner will Immediately Suffer Irreparable Harm Code of Civil Procedure sect 1176(a) provides in pertinent part as follows An appeal taken by the defendant shall not automatically stay proceedings upon the judgment Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance In this case the judgment of the court summarily denied any request for a stay pending appeal right in the judgment
3 Since the trial was had in this unlawful detainer case over a year ago
Defendants in this case have been negotiating a settlement of this matter in our
Civil Case with Countrywide In order to possibly qualify for a loan modification
Defendants now have an additional roommate to assist in making the payments to
the bank upon approval of a loan modification This roommate was not a party to
this unlawful detainer lawsuit that occurred over a year ago It would be
unreasonable to expect that she could get removed from her home upon 5 days
notice from the sheriff The monthly rental amount she pays wasis to be used as
part of the loan modification If no loan modification gets approved then a sale of
the home to Defendants parents is also an option Defendant Salvatore B DrsquoAnna
last week allowed the house to be appraised by Countyrwide in anticipation of the
2
6
sale to our parents While not doubting these intentions to settle there are two
separate law firms involved and no guarantee on either side that the settlement will
move forward which is why a stay must issue in this instance and the appeal may
be dismissed if the parties settle rather than the alternative of losing their home
beforehand All parties including our roommate will suffer extreme hardship if a
stay of execution pending the outcome of the appeal is not issued by this court
4 Despite the extreme hardship that would be suffered by moving parties in
the absence of the granting of a stay plaintiff will suffer no irreparable harm
Defendants are willing to pay the monthly rental value into court as provided for
in CCP sect 1176 pending the outcome of the appeal Thus plaintiff would be
protected from any adverse consequences as a result of the issuance of a stay
5 An extraordinary writ such as a Writ Supersedeas will issue when a
Court of Appeal find[s] that it is necessary to protect a substantial right
when it is shown that some substantial damage will be suffered by petitioner if
said writ is denied [Citation] (People v Superior Court (John D) (1979) 95
CalApp3d 380 386-387 [] quoting Parker v Bowron (1953) 40 Cal2d 344
351) (In re Marico C (2004) 124 CalApp4th 1303 1312) Until this Court
renders its decisions with respect to the Petitioners appeal the Plaintiff will suffer
absolutely no harm if the Court stays the Superior Courts judgment and orders
Petitioner to pay rent to the court on a monthly basis Petitionerrsquos will have to pay
a monthly rent to someone else in any event and should therefore be allowed to
pay that same rent to the court pending the outcome of the appeal Contrarily if
this Court does not issue a stay pending the outcomes of this proceeding the
Petitioner will suffer imminent irreparable harm including the loss of his home
6 A Writ will issue if Petitioner can show that his appeal andor Civil case
have merit Petitioner believes that he will be the prevailing party in this appeal
and in his Civil case as described fully in the included Points and Authorities
3
7
7 Unless an appropriate writ is granted Petitioner will be forced to vacate his
home while at the same time a purchase price for the home by Petitionerrsquos parents
is still being negotiated in Petitionerrsquos Civil case Petitioner could lose his home if
a writ and stay are not issued by this court
WHEREFORE Petitioner prays that this Court 1 Immediately issue a stay of all further proceedings and order the Superior Court not to issue a Writ of Possession or to recall and void any Writ of Possession already ordered 2 Grant this Petition for a Writ of Supersedeas pending the Appeal 3 Order Petitioner to pay the fair market value of rent for the home to the court on a monthly basis pending the outcome of the appeal 4 Award Petitioner his costs in this proceeding 5 Grant such other and further relief as the Court may deem just and proper Respectfully submitted
Dated June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
4
8
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
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44
Date Produced 02162009
POSTEDIGITAL LLC
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Customer Reference Number 40586632-42512053-0
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Date Produced 02162009
POSTEDIGITAL LLC
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Customer Reference Number 40586633-42512055-0
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POSTEDIGITAL LLC
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United States Postal Service
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Customer Reference Number 40586633-42512055-1
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Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
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Customer Reference Number 40586633-42512055-2
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POSTEDIGITAL LLC
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United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
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50
Date Produced 02162009
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51
EXHIBIT C
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EXHIBIT D
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EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
2
3
CERTIFICATE OF SERVICE FOR NOTICE OFAPPEAL - 1
1
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CERTIFICATE OF SERVICE
I hereby certify that I am not a party to the above-entitled case that on the date shown
below I served a true and correct copy of this Notice of Appeal on the parties shown below by
placing a true copy in a separate envelope addressed as shown below each envelope was then
sealed and with postage fully prepaid deposited in the United States Postal Services at Lemon
Grove California
Respondent Counsel for Real Parties in Interest Brian H Tran Tami S Crosby Bauer Bergstrom amp Winters LLP 1231 E Dyer Road Suite 100 Santa Ana CA 92705
Date July 1 2010
By _______________ Frank DrsquoAnna Jr
4
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO APPELLATE DIVISION
SALVATORE B DrsquoANNA AppellantPetitioner
v
GREENPOINT MORTGAGE FUNDING INC
AppellateRespondent
Appellate Court Case No TBA Judgment mailed June 23 2010 Honorable Allan J Preckel
East County Division Department 12 (619) 456-4012 Trial Court Case Nos 37-2009-00033936
PETITION FOR WRIT OF SUPERSEDEAS
MEMORANDUM OF POINTS AND AUTHORITIES IMMEDIATE STAY REQUESTED
Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr
Spring Valley CA 91977 V (619) 602-6647 F (619) 374-2268
Email saldannagmailcom
Attorney for Petitioner SALVATORE B DrsquoANNA PRO PER
1
5
I
Petition for Writ of Supersedeas
By this verified Petition Petitioner shows 1 Pursuant to Code of Civil Procedure section 923 and Rules of Court rule
8112 the Petitioner Salvatore B DrsquoAnna respectfully petitions the San Diego
Superior Court Appellate Division to issue a Writ of Supersedeas for purposes of
staying the Superior Courts judgment entered against him and recall any writ of
possession that may have issued pending resolution of Petitionerrsquos Appeal
2 The Petitioner will Immediately Suffer Irreparable Harm Code of Civil Procedure sect 1176(a) provides in pertinent part as follows An appeal taken by the defendant shall not automatically stay proceedings upon the judgment Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance In this case the judgment of the court summarily denied any request for a stay pending appeal right in the judgment
3 Since the trial was had in this unlawful detainer case over a year ago
Defendants in this case have been negotiating a settlement of this matter in our
Civil Case with Countrywide In order to possibly qualify for a loan modification
Defendants now have an additional roommate to assist in making the payments to
the bank upon approval of a loan modification This roommate was not a party to
this unlawful detainer lawsuit that occurred over a year ago It would be
unreasonable to expect that she could get removed from her home upon 5 days
notice from the sheriff The monthly rental amount she pays wasis to be used as
part of the loan modification If no loan modification gets approved then a sale of
the home to Defendants parents is also an option Defendant Salvatore B DrsquoAnna
last week allowed the house to be appraised by Countyrwide in anticipation of the
2
6
sale to our parents While not doubting these intentions to settle there are two
separate law firms involved and no guarantee on either side that the settlement will
move forward which is why a stay must issue in this instance and the appeal may
be dismissed if the parties settle rather than the alternative of losing their home
beforehand All parties including our roommate will suffer extreme hardship if a
stay of execution pending the outcome of the appeal is not issued by this court
4 Despite the extreme hardship that would be suffered by moving parties in
the absence of the granting of a stay plaintiff will suffer no irreparable harm
Defendants are willing to pay the monthly rental value into court as provided for
in CCP sect 1176 pending the outcome of the appeal Thus plaintiff would be
protected from any adverse consequences as a result of the issuance of a stay
5 An extraordinary writ such as a Writ Supersedeas will issue when a
Court of Appeal find[s] that it is necessary to protect a substantial right
when it is shown that some substantial damage will be suffered by petitioner if
said writ is denied [Citation] (People v Superior Court (John D) (1979) 95
CalApp3d 380 386-387 [] quoting Parker v Bowron (1953) 40 Cal2d 344
351) (In re Marico C (2004) 124 CalApp4th 1303 1312) Until this Court
renders its decisions with respect to the Petitioners appeal the Plaintiff will suffer
absolutely no harm if the Court stays the Superior Courts judgment and orders
Petitioner to pay rent to the court on a monthly basis Petitionerrsquos will have to pay
a monthly rent to someone else in any event and should therefore be allowed to
pay that same rent to the court pending the outcome of the appeal Contrarily if
this Court does not issue a stay pending the outcomes of this proceeding the
Petitioner will suffer imminent irreparable harm including the loss of his home
6 A Writ will issue if Petitioner can show that his appeal andor Civil case
have merit Petitioner believes that he will be the prevailing party in this appeal
and in his Civil case as described fully in the included Points and Authorities
3
7
7 Unless an appropriate writ is granted Petitioner will be forced to vacate his
home while at the same time a purchase price for the home by Petitionerrsquos parents
is still being negotiated in Petitionerrsquos Civil case Petitioner could lose his home if
a writ and stay are not issued by this court
WHEREFORE Petitioner prays that this Court 1 Immediately issue a stay of all further proceedings and order the Superior Court not to issue a Writ of Possession or to recall and void any Writ of Possession already ordered 2 Grant this Petition for a Writ of Supersedeas pending the Appeal 3 Order Petitioner to pay the fair market value of rent for the home to the court on a monthly basis pending the outcome of the appeal 4 Award Petitioner his costs in this proceeding 5 Grant such other and further relief as the Court may deem just and proper Respectfully submitted
Dated June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
4
8
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
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2
3
4
5
6
7
8
9
10
11
12
13
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22
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24
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30
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Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
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44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
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EXHIBIT D
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EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
3
CERTIFICATE OF SERVICE FOR NOTICE OFAPPEAL - 1
1
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CERTIFICATE OF SERVICE
I hereby certify that I am not a party to the above-entitled case that on the date shown
below I served a true and correct copy of this Notice of Appeal on the parties shown below by
placing a true copy in a separate envelope addressed as shown below each envelope was then
sealed and with postage fully prepaid deposited in the United States Postal Services at Lemon
Grove California
Respondent Counsel for Real Parties in Interest Brian H Tran Tami S Crosby Bauer Bergstrom amp Winters LLP 1231 E Dyer Road Suite 100 Santa Ana CA 92705
Date July 1 2010
By _______________ Frank DrsquoAnna Jr
4
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO APPELLATE DIVISION
SALVATORE B DrsquoANNA AppellantPetitioner
v
GREENPOINT MORTGAGE FUNDING INC
AppellateRespondent
Appellate Court Case No TBA Judgment mailed June 23 2010 Honorable Allan J Preckel
East County Division Department 12 (619) 456-4012 Trial Court Case Nos 37-2009-00033936
PETITION FOR WRIT OF SUPERSEDEAS
MEMORANDUM OF POINTS AND AUTHORITIES IMMEDIATE STAY REQUESTED
Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr
Spring Valley CA 91977 V (619) 602-6647 F (619) 374-2268
Email saldannagmailcom
Attorney for Petitioner SALVATORE B DrsquoANNA PRO PER
1
5
I
Petition for Writ of Supersedeas
By this verified Petition Petitioner shows 1 Pursuant to Code of Civil Procedure section 923 and Rules of Court rule
8112 the Petitioner Salvatore B DrsquoAnna respectfully petitions the San Diego
Superior Court Appellate Division to issue a Writ of Supersedeas for purposes of
staying the Superior Courts judgment entered against him and recall any writ of
possession that may have issued pending resolution of Petitionerrsquos Appeal
2 The Petitioner will Immediately Suffer Irreparable Harm Code of Civil Procedure sect 1176(a) provides in pertinent part as follows An appeal taken by the defendant shall not automatically stay proceedings upon the judgment Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance In this case the judgment of the court summarily denied any request for a stay pending appeal right in the judgment
3 Since the trial was had in this unlawful detainer case over a year ago
Defendants in this case have been negotiating a settlement of this matter in our
Civil Case with Countrywide In order to possibly qualify for a loan modification
Defendants now have an additional roommate to assist in making the payments to
the bank upon approval of a loan modification This roommate was not a party to
this unlawful detainer lawsuit that occurred over a year ago It would be
unreasonable to expect that she could get removed from her home upon 5 days
notice from the sheriff The monthly rental amount she pays wasis to be used as
part of the loan modification If no loan modification gets approved then a sale of
the home to Defendants parents is also an option Defendant Salvatore B DrsquoAnna
last week allowed the house to be appraised by Countyrwide in anticipation of the
2
6
sale to our parents While not doubting these intentions to settle there are two
separate law firms involved and no guarantee on either side that the settlement will
move forward which is why a stay must issue in this instance and the appeal may
be dismissed if the parties settle rather than the alternative of losing their home
beforehand All parties including our roommate will suffer extreme hardship if a
stay of execution pending the outcome of the appeal is not issued by this court
4 Despite the extreme hardship that would be suffered by moving parties in
the absence of the granting of a stay plaintiff will suffer no irreparable harm
Defendants are willing to pay the monthly rental value into court as provided for
in CCP sect 1176 pending the outcome of the appeal Thus plaintiff would be
protected from any adverse consequences as a result of the issuance of a stay
5 An extraordinary writ such as a Writ Supersedeas will issue when a
Court of Appeal find[s] that it is necessary to protect a substantial right
when it is shown that some substantial damage will be suffered by petitioner if
said writ is denied [Citation] (People v Superior Court (John D) (1979) 95
CalApp3d 380 386-387 [] quoting Parker v Bowron (1953) 40 Cal2d 344
351) (In re Marico C (2004) 124 CalApp4th 1303 1312) Until this Court
renders its decisions with respect to the Petitioners appeal the Plaintiff will suffer
absolutely no harm if the Court stays the Superior Courts judgment and orders
Petitioner to pay rent to the court on a monthly basis Petitionerrsquos will have to pay
a monthly rent to someone else in any event and should therefore be allowed to
pay that same rent to the court pending the outcome of the appeal Contrarily if
this Court does not issue a stay pending the outcomes of this proceeding the
Petitioner will suffer imminent irreparable harm including the loss of his home
6 A Writ will issue if Petitioner can show that his appeal andor Civil case
have merit Petitioner believes that he will be the prevailing party in this appeal
and in his Civil case as described fully in the included Points and Authorities
3
7
7 Unless an appropriate writ is granted Petitioner will be forced to vacate his
home while at the same time a purchase price for the home by Petitionerrsquos parents
is still being negotiated in Petitionerrsquos Civil case Petitioner could lose his home if
a writ and stay are not issued by this court
WHEREFORE Petitioner prays that this Court 1 Immediately issue a stay of all further proceedings and order the Superior Court not to issue a Writ of Possession or to recall and void any Writ of Possession already ordered 2 Grant this Petition for a Writ of Supersedeas pending the Appeal 3 Order Petitioner to pay the fair market value of rent for the home to the court on a monthly basis pending the outcome of the appeal 4 Award Petitioner his costs in this proceeding 5 Grant such other and further relief as the Court may deem just and proper Respectfully submitted
Dated June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
4
8
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
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Date Produced 02162009
POSTEDIGITAL LLC
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45
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POSTEDIGITAL LLC
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46
Date Produced 02162009
POSTEDIGITAL LLC
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47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
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48
Date Produced 02162009
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Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
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United States Postal Service
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Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
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50
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Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
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EXHIBIT D
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EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
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please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
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please flag with care
miscategorized
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spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
CERTIFICATE OF SERVICE FOR NOTICE OFAPPEAL - 1
1
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CERTIFICATE OF SERVICE
I hereby certify that I am not a party to the above-entitled case that on the date shown
below I served a true and correct copy of this Notice of Appeal on the parties shown below by
placing a true copy in a separate envelope addressed as shown below each envelope was then
sealed and with postage fully prepaid deposited in the United States Postal Services at Lemon
Grove California
Respondent Counsel for Real Parties in Interest Brian H Tran Tami S Crosby Bauer Bergstrom amp Winters LLP 1231 E Dyer Road Suite 100 Santa Ana CA 92705
Date July 1 2010
By _______________ Frank DrsquoAnna Jr
4
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO APPELLATE DIVISION
SALVATORE B DrsquoANNA AppellantPetitioner
v
GREENPOINT MORTGAGE FUNDING INC
AppellateRespondent
Appellate Court Case No TBA Judgment mailed June 23 2010 Honorable Allan J Preckel
East County Division Department 12 (619) 456-4012 Trial Court Case Nos 37-2009-00033936
PETITION FOR WRIT OF SUPERSEDEAS
MEMORANDUM OF POINTS AND AUTHORITIES IMMEDIATE STAY REQUESTED
Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr
Spring Valley CA 91977 V (619) 602-6647 F (619) 374-2268
Email saldannagmailcom
Attorney for Petitioner SALVATORE B DrsquoANNA PRO PER
1
5
I
Petition for Writ of Supersedeas
By this verified Petition Petitioner shows 1 Pursuant to Code of Civil Procedure section 923 and Rules of Court rule
8112 the Petitioner Salvatore B DrsquoAnna respectfully petitions the San Diego
Superior Court Appellate Division to issue a Writ of Supersedeas for purposes of
staying the Superior Courts judgment entered against him and recall any writ of
possession that may have issued pending resolution of Petitionerrsquos Appeal
2 The Petitioner will Immediately Suffer Irreparable Harm Code of Civil Procedure sect 1176(a) provides in pertinent part as follows An appeal taken by the defendant shall not automatically stay proceedings upon the judgment Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance In this case the judgment of the court summarily denied any request for a stay pending appeal right in the judgment
3 Since the trial was had in this unlawful detainer case over a year ago
Defendants in this case have been negotiating a settlement of this matter in our
Civil Case with Countrywide In order to possibly qualify for a loan modification
Defendants now have an additional roommate to assist in making the payments to
the bank upon approval of a loan modification This roommate was not a party to
this unlawful detainer lawsuit that occurred over a year ago It would be
unreasonable to expect that she could get removed from her home upon 5 days
notice from the sheriff The monthly rental amount she pays wasis to be used as
part of the loan modification If no loan modification gets approved then a sale of
the home to Defendants parents is also an option Defendant Salvatore B DrsquoAnna
last week allowed the house to be appraised by Countyrwide in anticipation of the
2
6
sale to our parents While not doubting these intentions to settle there are two
separate law firms involved and no guarantee on either side that the settlement will
move forward which is why a stay must issue in this instance and the appeal may
be dismissed if the parties settle rather than the alternative of losing their home
beforehand All parties including our roommate will suffer extreme hardship if a
stay of execution pending the outcome of the appeal is not issued by this court
4 Despite the extreme hardship that would be suffered by moving parties in
the absence of the granting of a stay plaintiff will suffer no irreparable harm
Defendants are willing to pay the monthly rental value into court as provided for
in CCP sect 1176 pending the outcome of the appeal Thus plaintiff would be
protected from any adverse consequences as a result of the issuance of a stay
5 An extraordinary writ such as a Writ Supersedeas will issue when a
Court of Appeal find[s] that it is necessary to protect a substantial right
when it is shown that some substantial damage will be suffered by petitioner if
said writ is denied [Citation] (People v Superior Court (John D) (1979) 95
CalApp3d 380 386-387 [] quoting Parker v Bowron (1953) 40 Cal2d 344
351) (In re Marico C (2004) 124 CalApp4th 1303 1312) Until this Court
renders its decisions with respect to the Petitioners appeal the Plaintiff will suffer
absolutely no harm if the Court stays the Superior Courts judgment and orders
Petitioner to pay rent to the court on a monthly basis Petitionerrsquos will have to pay
a monthly rent to someone else in any event and should therefore be allowed to
pay that same rent to the court pending the outcome of the appeal Contrarily if
this Court does not issue a stay pending the outcomes of this proceeding the
Petitioner will suffer imminent irreparable harm including the loss of his home
6 A Writ will issue if Petitioner can show that his appeal andor Civil case
have merit Petitioner believes that he will be the prevailing party in this appeal
and in his Civil case as described fully in the included Points and Authorities
3
7
7 Unless an appropriate writ is granted Petitioner will be forced to vacate his
home while at the same time a purchase price for the home by Petitionerrsquos parents
is still being negotiated in Petitionerrsquos Civil case Petitioner could lose his home if
a writ and stay are not issued by this court
WHEREFORE Petitioner prays that this Court 1 Immediately issue a stay of all further proceedings and order the Superior Court not to issue a Writ of Possession or to recall and void any Writ of Possession already ordered 2 Grant this Petition for a Writ of Supersedeas pending the Appeal 3 Order Petitioner to pay the fair market value of rent for the home to the court on a monthly basis pending the outcome of the appeal 4 Award Petitioner his costs in this proceeding 5 Grant such other and further relief as the Court may deem just and proper Respectfully submitted
Dated June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
4
8
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO APPELLATE DIVISION
SALVATORE B DrsquoANNA AppellantPetitioner
v
GREENPOINT MORTGAGE FUNDING INC
AppellateRespondent
Appellate Court Case No TBA Judgment mailed June 23 2010 Honorable Allan J Preckel
East County Division Department 12 (619) 456-4012 Trial Court Case Nos 37-2009-00033936
PETITION FOR WRIT OF SUPERSEDEAS
MEMORANDUM OF POINTS AND AUTHORITIES IMMEDIATE STAY REQUESTED
Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr
Spring Valley CA 91977 V (619) 602-6647 F (619) 374-2268
Email saldannagmailcom
Attorney for Petitioner SALVATORE B DrsquoANNA PRO PER
1
5
I
Petition for Writ of Supersedeas
By this verified Petition Petitioner shows 1 Pursuant to Code of Civil Procedure section 923 and Rules of Court rule
8112 the Petitioner Salvatore B DrsquoAnna respectfully petitions the San Diego
Superior Court Appellate Division to issue a Writ of Supersedeas for purposes of
staying the Superior Courts judgment entered against him and recall any writ of
possession that may have issued pending resolution of Petitionerrsquos Appeal
2 The Petitioner will Immediately Suffer Irreparable Harm Code of Civil Procedure sect 1176(a) provides in pertinent part as follows An appeal taken by the defendant shall not automatically stay proceedings upon the judgment Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance In this case the judgment of the court summarily denied any request for a stay pending appeal right in the judgment
3 Since the trial was had in this unlawful detainer case over a year ago
Defendants in this case have been negotiating a settlement of this matter in our
Civil Case with Countrywide In order to possibly qualify for a loan modification
Defendants now have an additional roommate to assist in making the payments to
the bank upon approval of a loan modification This roommate was not a party to
this unlawful detainer lawsuit that occurred over a year ago It would be
unreasonable to expect that she could get removed from her home upon 5 days
notice from the sheriff The monthly rental amount she pays wasis to be used as
part of the loan modification If no loan modification gets approved then a sale of
the home to Defendants parents is also an option Defendant Salvatore B DrsquoAnna
last week allowed the house to be appraised by Countyrwide in anticipation of the
2
6
sale to our parents While not doubting these intentions to settle there are two
separate law firms involved and no guarantee on either side that the settlement will
move forward which is why a stay must issue in this instance and the appeal may
be dismissed if the parties settle rather than the alternative of losing their home
beforehand All parties including our roommate will suffer extreme hardship if a
stay of execution pending the outcome of the appeal is not issued by this court
4 Despite the extreme hardship that would be suffered by moving parties in
the absence of the granting of a stay plaintiff will suffer no irreparable harm
Defendants are willing to pay the monthly rental value into court as provided for
in CCP sect 1176 pending the outcome of the appeal Thus plaintiff would be
protected from any adverse consequences as a result of the issuance of a stay
5 An extraordinary writ such as a Writ Supersedeas will issue when a
Court of Appeal find[s] that it is necessary to protect a substantial right
when it is shown that some substantial damage will be suffered by petitioner if
said writ is denied [Citation] (People v Superior Court (John D) (1979) 95
CalApp3d 380 386-387 [] quoting Parker v Bowron (1953) 40 Cal2d 344
351) (In re Marico C (2004) 124 CalApp4th 1303 1312) Until this Court
renders its decisions with respect to the Petitioners appeal the Plaintiff will suffer
absolutely no harm if the Court stays the Superior Courts judgment and orders
Petitioner to pay rent to the court on a monthly basis Petitionerrsquos will have to pay
a monthly rent to someone else in any event and should therefore be allowed to
pay that same rent to the court pending the outcome of the appeal Contrarily if
this Court does not issue a stay pending the outcomes of this proceeding the
Petitioner will suffer imminent irreparable harm including the loss of his home
6 A Writ will issue if Petitioner can show that his appeal andor Civil case
have merit Petitioner believes that he will be the prevailing party in this appeal
and in his Civil case as described fully in the included Points and Authorities
3
7
7 Unless an appropriate writ is granted Petitioner will be forced to vacate his
home while at the same time a purchase price for the home by Petitionerrsquos parents
is still being negotiated in Petitionerrsquos Civil case Petitioner could lose his home if
a writ and stay are not issued by this court
WHEREFORE Petitioner prays that this Court 1 Immediately issue a stay of all further proceedings and order the Superior Court not to issue a Writ of Possession or to recall and void any Writ of Possession already ordered 2 Grant this Petition for a Writ of Supersedeas pending the Appeal 3 Order Petitioner to pay the fair market value of rent for the home to the court on a monthly basis pending the outcome of the appeal 4 Award Petitioner his costs in this proceeding 5 Grant such other and further relief as the Court may deem just and proper Respectfully submitted
Dated June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
4
8
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
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Sincerely
United States Postal Service
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Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
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Sincerely
United States Postal Service
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Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
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Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
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Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
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Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
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United States Postal Service
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Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
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Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
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EXHIBIT D
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EXHIBIT E
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san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
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Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
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best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
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san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
I
Petition for Writ of Supersedeas
By this verified Petition Petitioner shows 1 Pursuant to Code of Civil Procedure section 923 and Rules of Court rule
8112 the Petitioner Salvatore B DrsquoAnna respectfully petitions the San Diego
Superior Court Appellate Division to issue a Writ of Supersedeas for purposes of
staying the Superior Courts judgment entered against him and recall any writ of
possession that may have issued pending resolution of Petitionerrsquos Appeal
2 The Petitioner will Immediately Suffer Irreparable Harm Code of Civil Procedure sect 1176(a) provides in pertinent part as follows An appeal taken by the defendant shall not automatically stay proceedings upon the judgment Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance In this case the judgment of the court summarily denied any request for a stay pending appeal right in the judgment
3 Since the trial was had in this unlawful detainer case over a year ago
Defendants in this case have been negotiating a settlement of this matter in our
Civil Case with Countrywide In order to possibly qualify for a loan modification
Defendants now have an additional roommate to assist in making the payments to
the bank upon approval of a loan modification This roommate was not a party to
this unlawful detainer lawsuit that occurred over a year ago It would be
unreasonable to expect that she could get removed from her home upon 5 days
notice from the sheriff The monthly rental amount she pays wasis to be used as
part of the loan modification If no loan modification gets approved then a sale of
the home to Defendants parents is also an option Defendant Salvatore B DrsquoAnna
last week allowed the house to be appraised by Countyrwide in anticipation of the
2
6
sale to our parents While not doubting these intentions to settle there are two
separate law firms involved and no guarantee on either side that the settlement will
move forward which is why a stay must issue in this instance and the appeal may
be dismissed if the parties settle rather than the alternative of losing their home
beforehand All parties including our roommate will suffer extreme hardship if a
stay of execution pending the outcome of the appeal is not issued by this court
4 Despite the extreme hardship that would be suffered by moving parties in
the absence of the granting of a stay plaintiff will suffer no irreparable harm
Defendants are willing to pay the monthly rental value into court as provided for
in CCP sect 1176 pending the outcome of the appeal Thus plaintiff would be
protected from any adverse consequences as a result of the issuance of a stay
5 An extraordinary writ such as a Writ Supersedeas will issue when a
Court of Appeal find[s] that it is necessary to protect a substantial right
when it is shown that some substantial damage will be suffered by petitioner if
said writ is denied [Citation] (People v Superior Court (John D) (1979) 95
CalApp3d 380 386-387 [] quoting Parker v Bowron (1953) 40 Cal2d 344
351) (In re Marico C (2004) 124 CalApp4th 1303 1312) Until this Court
renders its decisions with respect to the Petitioners appeal the Plaintiff will suffer
absolutely no harm if the Court stays the Superior Courts judgment and orders
Petitioner to pay rent to the court on a monthly basis Petitionerrsquos will have to pay
a monthly rent to someone else in any event and should therefore be allowed to
pay that same rent to the court pending the outcome of the appeal Contrarily if
this Court does not issue a stay pending the outcomes of this proceeding the
Petitioner will suffer imminent irreparable harm including the loss of his home
6 A Writ will issue if Petitioner can show that his appeal andor Civil case
have merit Petitioner believes that he will be the prevailing party in this appeal
and in his Civil case as described fully in the included Points and Authorities
3
7
7 Unless an appropriate writ is granted Petitioner will be forced to vacate his
home while at the same time a purchase price for the home by Petitionerrsquos parents
is still being negotiated in Petitionerrsquos Civil case Petitioner could lose his home if
a writ and stay are not issued by this court
WHEREFORE Petitioner prays that this Court 1 Immediately issue a stay of all further proceedings and order the Superior Court not to issue a Writ of Possession or to recall and void any Writ of Possession already ordered 2 Grant this Petition for a Writ of Supersedeas pending the Appeal 3 Order Petitioner to pay the fair market value of rent for the home to the court on a monthly basis pending the outcome of the appeal 4 Award Petitioner his costs in this proceeding 5 Grant such other and further relief as the Court may deem just and proper Respectfully submitted
Dated June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
4
8
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
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44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
sale to our parents While not doubting these intentions to settle there are two
separate law firms involved and no guarantee on either side that the settlement will
move forward which is why a stay must issue in this instance and the appeal may
be dismissed if the parties settle rather than the alternative of losing their home
beforehand All parties including our roommate will suffer extreme hardship if a
stay of execution pending the outcome of the appeal is not issued by this court
4 Despite the extreme hardship that would be suffered by moving parties in
the absence of the granting of a stay plaintiff will suffer no irreparable harm
Defendants are willing to pay the monthly rental value into court as provided for
in CCP sect 1176 pending the outcome of the appeal Thus plaintiff would be
protected from any adverse consequences as a result of the issuance of a stay
5 An extraordinary writ such as a Writ Supersedeas will issue when a
Court of Appeal find[s] that it is necessary to protect a substantial right
when it is shown that some substantial damage will be suffered by petitioner if
said writ is denied [Citation] (People v Superior Court (John D) (1979) 95
CalApp3d 380 386-387 [] quoting Parker v Bowron (1953) 40 Cal2d 344
351) (In re Marico C (2004) 124 CalApp4th 1303 1312) Until this Court
renders its decisions with respect to the Petitioners appeal the Plaintiff will suffer
absolutely no harm if the Court stays the Superior Courts judgment and orders
Petitioner to pay rent to the court on a monthly basis Petitionerrsquos will have to pay
a monthly rent to someone else in any event and should therefore be allowed to
pay that same rent to the court pending the outcome of the appeal Contrarily if
this Court does not issue a stay pending the outcomes of this proceeding the
Petitioner will suffer imminent irreparable harm including the loss of his home
6 A Writ will issue if Petitioner can show that his appeal andor Civil case
have merit Petitioner believes that he will be the prevailing party in this appeal
and in his Civil case as described fully in the included Points and Authorities
3
7
7 Unless an appropriate writ is granted Petitioner will be forced to vacate his
home while at the same time a purchase price for the home by Petitionerrsquos parents
is still being negotiated in Petitionerrsquos Civil case Petitioner could lose his home if
a writ and stay are not issued by this court
WHEREFORE Petitioner prays that this Court 1 Immediately issue a stay of all further proceedings and order the Superior Court not to issue a Writ of Possession or to recall and void any Writ of Possession already ordered 2 Grant this Petition for a Writ of Supersedeas pending the Appeal 3 Order Petitioner to pay the fair market value of rent for the home to the court on a monthly basis pending the outcome of the appeal 4 Award Petitioner his costs in this proceeding 5 Grant such other and further relief as the Court may deem just and proper Respectfully submitted
Dated June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
4
8
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
7 Unless an appropriate writ is granted Petitioner will be forced to vacate his
home while at the same time a purchase price for the home by Petitionerrsquos parents
is still being negotiated in Petitionerrsquos Civil case Petitioner could lose his home if
a writ and stay are not issued by this court
WHEREFORE Petitioner prays that this Court 1 Immediately issue a stay of all further proceedings and order the Superior Court not to issue a Writ of Possession or to recall and void any Writ of Possession already ordered 2 Grant this Petition for a Writ of Supersedeas pending the Appeal 3 Order Petitioner to pay the fair market value of rent for the home to the court on a monthly basis pending the outcome of the appeal 4 Award Petitioner his costs in this proceeding 5 Grant such other and further relief as the Court may deem just and proper Respectfully submitted
Dated June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
4
8
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
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Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
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Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
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Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
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san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
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san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I Salvatore B DrsquoAnna am the Petitioner in connection with this writ proceeding I have personally reviewed and am familiar with the records files and proceedings described in and the subject of the present Petition and know the facts set forth in the Petition to be true and correct I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed June 30 2010
By _____________________________
SALVATORE B DrsquoANNA Pro Per
5
9
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
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POSTEDIGITAL LLC
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Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
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United States Postal Service
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Customer Reference Number 40586633-42512055-0
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Date Produced 02162009
POSTEDIGITAL LLC
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United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
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Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
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Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
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Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
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Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
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50
Date Produced 02162009
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Sincerely
United States Postal Service
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Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
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please flag with care
miscategorized
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spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
II Memorandum of Points and Authorities
INTRODUCTION
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna seek a stay of
enforcement of judgment pending appeal of the judgment and order following a
unlawful detainer trial that occurred on June 24 2009 The Appellate Division of
the Superior Court ordered the trial court in Case No 37-2009-00080405 to issue a
statement of decision and to calendar any request for stay pending appeal
requested by Petitioner An inadequate statement of decision and order the denied
summarily Petitionerrsquos request for a hearing for a stay pending appeal was
ordered
Normally unlawful detainer actions are quickly resolved with little
consideration given to whether the Plaintiff is actually the lawful owner of a given
property This however is a different day hellip and these are different times In
California alone approximately 20000 homes have been foreclosed each month in
the last six months and owners have been evicted again with little or no
consideration of whether the title claimed by the Plaintiff has any legal validity
Defendants Salvatore B DrsquoAnna and Frank DrsquoAnna have filed a civil
action to set aside the foreclosure of their home as a wrongful foreclosure due in
part to violation of Civil Code 29235 Additionally other defenses exist having to
do with the assignment and non-judicial foreclosure sale itself Traditionally
there is a tension following a non-judicial foreclosure which exists between the
needs of Plaintiffs to perfect their possession of the property and the Defendant
owners who are denied due process in a summary proceeding in which evidence in
this case was taken on the issue of the validity of title for violation of Civil Code
29235 without objections from the court or Plaintiff again without any
objections during trial in the answer to the complaint and in the trial brief
6
10
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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20
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24
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Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
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44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Defendants believes that Plaintiff will not be prejudiced by the delay in
possession of yet another property in its ever growing non-performing portfolio
More particularly in as much as Defendants are prepared to make reasonable
monthly rental payments and post any required undertaking pending resolution of
the appeal and civil action Plaintiffs can be made whole
II
A STRONG FACTUAL SHOWING SUPPORTS THE CONCLUSION THAT DEFENDANT WILL PREVAIL AS THE PLAINTIFF IN HIS CIVIL ACTION
AND SET THE FORECLOSURE ASIDE
A strong factual showing supports the conclusion that Defendant will
prevail as the Plaintiff in his civil action to set aside the foreclosure due to non-
compliance with Civil Code 29235 In either event the court may rest its
discretion on the sworn Declaration of Salvatore B DrsquoAnna in granting a stay
See the Declaration of Salvatore B DrsquoAnna
Here there are several considerations for the court to resolve Initially
Defendant has filed a Notice of Appeal and requests a stay of execution of
judgment pending the appeal Defendant is prepared to pay-over the reasonable
rental value to the court and post any required undertaking Defendant believes
that he has a meritorious defense to this judgment that the trial court heard without
objection but failed to decide the issue
III NONCOMPLIANCE -CIVIL CODE 29235 CAN BE HEARD IN A UNLAWFUL DETAINER CASE EFFECTS THE VALIDITY OF
PLAINTIFFrsquoS TITLE WHICH MUST BE LITIGATED PER 1161a
The trial court wrote in what they claim is a proper statement of decision the
following in regards to Civil Code 29235
Defendants have not shown that Plaintiffrsquos compliance with Civil Code 29235 is an issue that is properly raised in the summary proceeding of an unlawful detainer action Thus no specific findings
7
11
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
of whether or not Plaintiff complied with said code section will be made as it is not a principal controverted issue before this court
At issue in this case is the right of possession to the property located at 644
Hillsview Rd El Cajon CA 92020 after a non judicial foreclosure sale under CCP
sect 1161a A qualified exception to the rule that title cannot be tried in an unlawful
detainer proceeding [see Evid Code sect 624] is contained in CCP sect 1161a By
extending the summary eviction remedy beyond the conventional landlord-tenant
relationship to include purchasers of the occupied property the statute provides for
a narrow and sharply focused examination of title A purchaser of the property as
described in the statute who starts an unlawful detainer proceeding to evict an
occupant in possession must show that he or she acquired the property at a
regularly conducted sale and thereafter duly perfected the title [CCP sect 1161a
Vella v Hudgins (1977) 20 C3d 251 255 142 CR 414 572 P2d 28 ] To this
limited extent as provided by the statute title may be litigated in the unlawful
detainer proceeding [ Cheney v Trauzettel (1937) 9 C2d 158 159 69 P2d 832 ]
Under this section which was added to the code in 1929 an action in
unlawful detainer by a purchaser at a trustees sale under a deed of trust is a proper
proceeding to remove persons from the demised premises and the remedy being
purely statutory if the determination of the question of title to realty becomes
necessary the legislature had the right to provide for the trial of that issue in such
a proceeding Nineteenth Realty Co v Diggs (1933) 134 Cal App 278 25 P 2d
522 1933 Cal App LEXIS 54
The title of a purchaser at a sale under a trust deed is involved in an action
in unlawful detainer brought by him to the limited extent that he must prove his
acquisition of title by purchase at the sale and the defendant may attack the
sufficiency of the sale Cheney v Trauzettel (1937) 9 Cal 2d 158 69 P2d 832
1937 Cal LEXIS 372 Delpy v Ono (1937 Cal App) 22 Cal App 2d 301 70 P2d
960 1937 Cal App LEXIS 116 Defenses challenging the legality of the note deed
8
12
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
of trust and the sale are proper in an unlawful detainer action under Code of Civil
Procedure Section 1161a(b)(3) ( Seidell v Anglo-California Trust Co (1942) 55
Cal App 2d 913 922 132 P2d 12 )
Old National Financial Services Inc v Seibert (1987) 194 Cal App 3d 460 239 Cal Rptr 728 was a proceeding in unlawful detainer brought by the purchaser of real property at a trustees sale under a deed of trust against the former owner Although affirming a judgment for plaintiff for restitution and possession of the property the court of appeal said that Code Civ Proc sect 1161a makes the summary remedy of unlawful detainer available against persons holding over after the property has been sold under a power of sale in a trust deed (Code Civ Proc sect 1161a(b)(3)) and that under this provision the remedy is afforded when the property has been sold in accordance with Civ Code sect 2924 and the title under the sale has been duly perfected ( 194 Cal App 3d 460 464) The court explained that as a general rule only claims bearing directly on the right to possession are involved in unlawful detainer proceedings but that when title is acquired through proceedings described in Code Civ Proc sect 1161a courts must make a limited inquiry into the basis of the plaintiffs title ( 194 Cal App 3d 460 465) The court said that the plaintiff need only prove a sale in compliance with the statute and deed of trust followed by purchase at the sale and the defendant may raise objections only on that phase of the issue of title ( 194 Cal App 3d 460 465) The court added that matters affecting the validity of the trust deed or primary obligation itself or other basic defects in the plaintiffs title are neither properly raised in the summary proceeding for possession nor concluded by the judgment and that further the pendency of another action concerning title is immaterial to the resolution of an unlawful detainer proceeding ( 194 Cal App 3d 460 465)
Accordingly for reasons discussed above the court should have found that
Greenpoint has not duly perfected title to the property located at 644 Hillsview Rd
El Cajon CA 92020 due to non compliance with the newly enacted Civil Code
29235 The Declaration required by Civil Code 29235 which was attached and
recorded with the Notice of Default claimed to have negotiated with Defendant on
July 11 2006 which was two years before the enactment of Civil Code 29235 and
at a time when Mr DrsquoAnna was not in default and was paying his mortgage on
9
13
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
time The Notice of Default cannot be recorded until after compliance with Civil
Code 29235 The Notice of Default was improperly recorded which makes the
non-judicial foreclosure sale void as a matter of law
Neither the court nor the Plaintiff ever objected to the defense that
Plaintiffs have not perfected title to the property due to their noncompliance with
Civil Code 29235 The issue was before the court in Petitionerrsquos Answer to the
complaint his Trial Brief his principle controverted issues to be decided in the
statement of decision properly made under CCP 632 and his proposed statement
of decision The issue was tried and testimony received that established
noncompliance with 29235 which is part of the statutes leading up to the sale of
the property at the foreclosure sale The Plaintiff is allowed to use the Unlawful
Detainer method after nonjudicial foreclosure instead of filing a case for
ejectment When the Plaintiff chooses to use this method they must show that
they purchased the property at a properly conducted sale and the Defendant can
attack the issue of title by showing the sales process was not in compliance with
the statutes For this reason Defendant can argue title was not perfected due to
irregularities in the sales process and did make this argument because a notice of
default cannot be recorded until 30 days after compliance with 29235
IV NON-COMPLIANCE WITH 29235 AS A DEFENSE IN UNLAWFUL DETAINER IS A MATTER OF FIRST IMPRESSION AND DECISION WOULD HELP GUIDE OTHER PARTIES AND THEIR ATTORNEYS MAKING SIMILAR CLAIMS THROUGHOUT CALIFORNIA IN UNLAWFUL DETAINER CASES Since Civil Code 29235 was enacted in July 2008 and became effective
September 2008 decisions based on 29235 have not been conclusive and none
are available regarding its affect on unlawful detainer cases A recent Writ of
Mandate case decided on June 2 2010 in Orange County in Mabry v Superior
Court which published a decision that purports to claim that the only remedy for
noncompliance with Civil Code 29235 is a postponement of sale and nothing
10
14
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
more The court concluded that any claim for noncompliance with Civil Code
29235 must be made before the foreclosure sale This strict reading of the statute
does not seem to be supported by the wording of the statute nor from the
Legislative History of the Bill Since the judgment in this case does not explain
the reason Defendants have not shown that Plaintiffrsquos compliance with Civil Code
29235 is an issue that is properly raised in the summary proceeding of an
unlawful detainer action there is no way of knowing if the decision in Mabry
was used to make the conclusion in this case
The Mabry case claims that the only remedy under Civil Code 29235 is
postponement of the sale and an action must be brought in court before the sale
takes place is simply dicta In addition Petitioners maintains that they did assert
their claim for noncompliance before the foreclosure sale and were not required to
file a lawsuit because they were following the terms written in the Deed of Trust
which calls for notice to the Lender before filing such a lawsuit In section 20 of
the Deed of Trust which is attached to the declaration of Salvatore B DrsquoAnna as
ldquoExhibit Ardquo the second paragraph reads
Neither Borrower nor Lender may commence join or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20
Petitioner sent the required notice to Greenpoint on February 6 2009 by
Certified Mail and also recorded a document at the San Diego County Recorderrsquos
11
15
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Office regarding their noncompliance with 29235 The Certified Letter including
the signature of the receivers from Greenpoint which received 2 certified letters by
two different employees at Greenpoint and the copy of the recorded
noncompliance are attached to the Declaration of Salvatore B DrsquoAnna as ldquoExhibit
Brdquo The signature cards show that the notice letter was received by Greenpoint
02122009 at 0804 amin COLUMBUS GA 31908 and on 02132009 at 0858
am in LARKSPUR CA 94939 Greenpoint went ahead and allowed the trustee
to sell the home at auction two weeks later on February 25 2009 Petitioners filed
their civil lawsuit on April 3 2009 giving Greenpoint the reasonable time required
by the above provision in the deed of trust
In addition to the above the declaration of compliance with Civil Code
29235 attached to the Notice of Default is proof in and of itself of such
noncompliance because it purports to have negotiated with Defendants on July 11
2006 two years before the statute came into existence and at a time when all
payments were made timely and Defendants were not in default
IV
A PROCEDURAL MECHANISM EXISTS TO STAY EXECUTION OF JUDGMENT PENDING AN APPEAL
A procedural mechanism exists to stay execution of a judgment pending appeal pursuant to California Code of Civil Procedure section 9185 which provides as follows
(a) The trial court may in its discretion stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor
(b) In exercising its discretion under this section the court shall consider all of the following
(1) The likelihood of the judgment debtor prevailing in the other action
12
16
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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29
30
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Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim
Thus the court may exercise its learned discretion whether to stay this
action order the posting of an adequate undertaking and payment of a reasonably
monthly rental value In the matter of Asuncion vs Superior Court (1981) 108
CalApp3d 141 146 166 CalRptr 306 the Fourth District Court of Appeal held
in pertinent part ldquoA possibility which we understand is frequently utilized in
other counties is for the superior court to stay the eviction proceedings until trial
of the fraud action based on the authority of Code of Civil Procedure section 526
which permits a preliminary injunction to preserve the status quo on such grounds
as irreparable injury multiplicity of legal actions or unconscionable relative
hardship (See e g Continental Baking Co v Katz 68 Cal2d 512 528 67
CalRptr 761 and see gen discussion of subject in 2 Witkin Cal Procedure (2d
ed 1970) Provisional Remedies sect 47 p 1496 sect 73 pp 1511-1512) Bond
would be required to obtain such an injunction (Code CivProc sect 529) which
could be waived for an indigent litigant Conover v Hall 11 Cal3d 842 851 853
114 CalRptr 642 It has been held where foreclosure of a trust deed would moot a
claim of right under a deed and the deed is attacked as a fraudulent conveyance a
preliminary injunction is permitted to prevent foreclosure pending trial Weingand
v Atlantic Savings amp Loan Assn (1970) 1 Cal3d 806 83 CalRptr 650 Staying
the eviction here is analogousrdquo
In Gonzales v Gem Properties Inc (1974) 37 CalApp3d 1029 1036
112 CalRptr 884 889 the Second Appellate District pointed out The summary
nature of unlawful detainer proceedings suggests that as a practical matter the
likelihood of the defendants being prepared to litigate the factual issues involved
13
17
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
in a fraudulent scheme to deprive him of his property no matter how diligent
defendant is is not great Normally the unlawful detainer action may encompass
only a narrow and sharply focused examination of title directed at the formal
validity of the trustee sale Vella v Hudgins (1977) 20 Cal3d 251 255 142
CalRptr 414 416
Here Greenpoint is not a bonafied purchaser and had notice of the claims
of Defendant As such there is no presumption that the trusteersquos deed after sale is
valid Petitioner would also be prejudiced if he was unable to assert his claims
against Greenpoint as has already been done in this unlawful detainer case because
Petitioner did not appeal the dismissal of Greenpoint in his civil case for two
reasons The first was because Petitioner was prepared to argue noncompliance by
Greenpoint with 29235 in this unlawful detainer case which he did The second is
because even though Greenpoint is listed as the owner in the Trustee Deed
Countrywide asserts that they are the owners due to an assignment prior to the
foreclosure sale Indeed the moveout agreement offered by the realtor in this case
stated that Countrywide had purchased the property at the nonjudicial foreclosure
sale In addition the 1099 for the difference between the credit bid and the
original loan amount was sent by Countrywide Petitionerrsquos tried to have the
unlawful detainer trial postponed for additional discovery after an employee of
Countrywide verified the Requests for Admissions in this case but his Writ was
denied If the issue of noncompliance cannot be litigated in this unlawful detainer
case which it already has Petitioner will have lost his rights to all of his claims
against Greenpoint whom was dismissed from the Civil case without appeal to
pursue them in this unlawful detainer case
Thus it would appear that sufficient facts exist proving the non-compliance
with 29235 which was tried without objection and would support a stay pending
the appeal The possibility of a settlement in this case albeit with Countrywide
14
18
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
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please flag with care
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san diego craigslist gt city of san diego gt housing gt aptshousing forrent
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Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
also supports a stay pending the outcome of the civil case and on appeal in this
case
V
PLAINTIFF WILL SUFFER NO PREJUDICE BY THE ISSUANCE OF A STAY PENDING RESOLUTION OF THE APPEAL
Plaintiff will suffer no prejudice by the issuance of a stay pending
resolution of the civil action andor appeal because Defendant is prepared to make
monthly payments based upon the reasonable rental value Examples of the
current rental rates in and around the area of Petitionerrsquos home and a proposed
monthly rent fee to be paid to the court is included in the Declaration of Salvatore
B DrsquoAnna filed herewith
In the event that the stay is not issued the property will be lost forever and
cannot be easily replaced On the other hand the subject property will only sit in
the non-performing portfolio waiting to be sold in a market in which homes are
not selling at any price even if the lenders were able to make loans on the
property Thus in a practical sense if the stay is granted Plaintiff will at least
have the benefit of receiving regular payments from the defendant on the property
pending the appeal andor settlement in the civil action
ldquoPrejudice is never presumed rather it must be affirmatively demonstrated
by the defendant in order to sustain his burdens of proof and the production of
evidence on the issuerdquo Miller v Eisenhower Medical Center (1980) 27 Cal3d
614 624 166 CalRptr 826 In the absence of prejudice on the part of Plaintiff
the court would properly exercise its discretion by ordering a stay pending appeal
15
19
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
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Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
VI CONCLUSION
For all pleadings filed in this matter the Declaration of Salvatore B
DrsquoAnna the Memorandum of Points and Authorities Defendants Salvatore B
DrsquoAnna and Frank DrsquoAnna respectfully requests that the court grant a stay
pending appeal andor resolutionsettlement of the civil case
Dated June 30 2010
By ____________________ By ________________________ Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per
16
20
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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24
25
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27
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29
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31
32
Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
VII Certificate of Petitioner
Petitioner hereby certifies that pursuant to Rule 14(c)(1) of the California
Rules of court the enclosed Petition for Writ of Supersedeas was produced using 13-
point Times New Roman type style and contains approximately 4 832 words In
arriving at that estimate Petitioner has relied on the word count function of Microsoft
Word 2007 which was used to prepare the document
Respectfully submitted
Dated June 30 2010
By _____________________________ SALVATORE B DrsquoANNA Pro Per
21
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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27
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Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
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63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
PROOF OF SERVICE BY MAIL
In re Petition for Writ of Supersedeas Caption Greenpoint v DrsquoAnna
Trial Court Case No 37-2009-00033936 Filed San Diego Superior Court Appellate Division STATE OF CALIFORNIA
)
) ss COUNTY OF SAN DIEGO ) I am a citizen of the United States and a resident of the City of San Diego County of San Diego I am over the age of eighteen years and not a party to the within action my business address is 3941 frac34 Kenwood Dr Spring Valley California 91977 On this date I served the persons interested in this action by placing one copy of the above-entitled document in sealed envelopes with overnight postage fully prepaid in the United States post office mailbox at Lemon Grove California addressed as follows Brian H Tran Esq MILES BAUER BERGSTROM amp WINTERS LLP 1665 Scenic Avenue Suite 200 Costa Mesa CA 92626 San Diego Superior Court The Honorable Allan J Preckel 250 East Main Street Dept 12 El Cajon CA 92020 San Diego Superior Court Appellate Division 220 West Broadway San Diego CA 92112-0128 I declare under penalty of perjury that the foregoing is true and correct Executed on July 1 2010 at Lemon Grove California Date July 1 2010
By __________________ Frank DrsquoAnna Jr
22
Declaration ISO Writ of Supersedeas - 1
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Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
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EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Declaration ISO Writ of Supersedeas - 1
1
2
3
4
5
6
7
8
9
10
11
12
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14
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17
18
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Frank DrsquoAnna Pro Per Salvatore B DrsquoAnna Pro Per 3941 frac34 Kenwood Dr Spring Valley CA 91977 Telephone (619) 602-6647 Fax (619) 374-2268 Email saldannagmailcom Salvatore B DrsquoAnna for Defendant Pro Per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO EAST COUNTY DIVISION
Greenpoint Mortgage Funding Inc
Plaintiffs
vs
Frank DrsquoAnna and Salvatore B DrsquoAnna
Defendants
) ) ) ) ) ) ) ) ) ) )
Case No 37-2009-00033936 DECLARATION OF DEFENDANT
SALVATORE B DrsquoANNA
WRIT OF SUPERSEDEAS
Trial Date June 24 2009
I Salvatore B DrsquoAnna hereby declare
1 I am named as a defendant in this matter and reside at 644 Hillsview Rd El Cajon CA 92020 which premises is the subject of this action
2 Attached hereto as Exhibit A is a copy of the recorded Deed of Trust which states in section 20 the procedure to follow before filing a lawsuit
3 Attached hereto as Exhibit B is a copy of a letter I faxed to the trustee and sent by certified mail with return receipt to all interested parties on February 6 2009 The letter included a copy of a recorded document and a letter warning all parties of noncompliance with Civil Code 29235
4 Attached hereto as Exhibit C is a copy of the Order from the Appellate Division granting my Petition for a Writ of Mandamus filed July 16 2009
5 Attached hereto as Exhibit D is a copy of the judgment that I am appealing and asking this court to stay pending appeal
6 Attached hereto as Exhibit E are recent listings for homes similar in size and location and their monthly rental rate
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Dated July 1 2010 By _____________________________ Salvatore B DrsquoAnna Pro Per
23
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
EXHIBIT A
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
29
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
30
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
31
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
32
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
33
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
34
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
35
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
36
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
37
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
EXHIBIT B
38
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
B Y S A L V A T O R E B D rsquo A N N A A T T O R N E Y - I N - F A C T F O R F R A N K D rsquo A N N A
FACSIMILE TRANSMITTAL SHEET
TO FROM
Debbie Jackson
Frank DrsquoAnna
COMPANY DATE
Old Republic Title Company - Trustee Services Division
262009
FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER
925-798-3283 6
PHONE NUMBER SENDERrsquoS FAX NUMBER
925-363-2239 619-374-2268
RE TRUSTEE SALE NO 08-16402
X URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
NOTESCOMMENTS
See attached
39
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Salvatore B DrsquoAnna Attorney-in-fact SENT VIA CERTIFIED MAIL For Frank DrsquoAnna Principal 3941 frac34 Kenwood Dr Spring Valley CA 91977 Property Address 644 Hillsview Rd El Cajon CA 92020 February 6 2009 Countrywide Home Loans Servicing LP Customer Service Correspondence SV3-14B Purported Loan 22150300 PO BOX 1140 Simi Valley CA 93062-1140 Old Republic Title Company - Trustee Services Division co Debbie Jackson 1000 Burnett Avenue Suite 400 Concord CA 94520 Old Republic National Title Insurance Company Purported New Trustee For Loan 0086769734 500 City Parkway West Suite 200 Orange CA 92868-2913 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 275 Broadhollow Rd Melville NY 11747 Marin Conveyancing Corporation Purported Trustee For Loan 0086769734 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833 Greenpoint Mortgage Purported Servicer PO Box 84013 Columbus GA 31908-4013 Greenpoint Mortgage Funding Inc Purported Lender 100 Wood Hollow Dr Novato CA 94945 Mortgage Electronic Registration Systems Inc Purported Beneficiary PO Box 2026 Flint MI 48501-2026
40
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Re NOTICE OF NON COMPLIANCE CALIFORNIA CIVIL CODE sect 29235 Dear All Notice is once again given that the LENDERS AND OR TRUSTEES LISTED ABOVE has not complied with California civil code 29235 As such all notices of default and or trustee sales and such other recordings and actions are void as a matter of law In California a Lender is allowed to foreclose on real property without a judicial process but only if they follow the strict statutory requirements Nonjudicial foreclosure is deemed to be a harsh remedy subject to careful scrutiny by the courts [see System Inv Corp v Union Bank
(1971) 21 Cal App 3d 137 153 98 Cal Rptr 735] which is why a private sale must strictly comply with the terms of the power-of-sale provision [ Hill v Gibraltar Sav amp Loan Assn
(1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] and any applicable statutory requirements [ Whitman v Transtate Title Co (1985) 165 Cal App 3d 312 322 211 Cal Rptr 582] The trustee also has a duty to conduct the sale fairly and openly with diligence discretion and integrity so as to protect the rights of all interested persons and obtain a reasonable price [ System Inv Corp v Union Bank (1971) 21 Cal App 3d 137 153 98 Cal Rptr 735 Hill v
Gibraltar Sav amp Loan Assn (1967) 254 Cal App 2d 241 243 62 Cal Rptr 188] However all aspects of the nonjudicial foreclosure process including civil code 29235 are also regulated in detail by a comprehensive statutory scheme [see Civ Code sect 2920 et seq] that is designed to protect the trustor against unreasonable forfeiture [ Garfinkle v Superior Court of Contra Costa
County (1978) 21 Cal 3d 268 278 146 Cal Rptr 208 578 P2d 925] I have in good faith attempted to mediate the loan and the true beneficiary has refused to negotiate in good faith They have not complied with the provisions in which they were to meet with me in person or by telephone in order to assess the borrowerrsquos financial situation and explore options for the borrower to avoid foreclosure During the initial contact the mortgagee Beneficiary or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and if requested the mortgagee beneficiary or authorized agent shall schedule the meeting to occur within 14 days The assessment of the borrowerrsquos financial situation and discussion of options may occur during the first contact or at the subsequent meeting scheduled for that purpose I am unhappy to find that out of the numerous entities involved in this matter not one has even attempted to comply with California Civil Code 29235 Proof of this can be found at the website of Old Republic the now supposed Trustee of the Deed of Trust and in particular a document titled ldquoRevisedDeclarationDefaultIndividualpdfrdquo which is required to be submitted before they will initiate a foreclosure The document as described by the title was recently revised in December 2008 and yet fails to ask for the Civil Code 29235 required information One could conclude that the Civil Code 29235 information on any Old Republic recorded document does not reflect the actual knowledge of compliance andor that the information is produced out of thin air
For the reasons stated above the attached Notice of Intention To Preserve Interest in Property was recorded with the San Diego County Recorder on February 2 2009 My decision to record and thereby preserve my interest came only after several months of my repeated attempts to negotiate with an undisclosed beneficiary Your continuing lack of cooperation left me no choice but to turn this matter over to the county recorder office for future resolution by putting the world on notice of my continued interest in my property
41
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
If we had met as required by California Civil Code sect 29235 the property would have reflected a value of approximately $200000 I am willing to pay an interest rate of 625 and I will be able to make monthly payments of $124600 The principal balance of my loan should be reduced the present market value of $200000 As an alternative I am willing to pay an interest rate of 175 and am able to make monthly payments of $124600 with the principal balance of my loan remaining at $352000 Please be advised that you are all on Notice that if you continue to pursue the sale of my property by recording the date it is to be sold you will do so knowing that any subsequent buyer will take title with Notice of my interest in my property due to your intentional tortuous violations of the law and you will be held liable for the consequences of your actions I write this letter with the hope that out of the ever growing list of entities involved one of you willdiscuss this matter further and give it the attention it deserves Please call me at 619-602-6647 andorsend a fax to 619-374-2268 Sincerely _________________________________ Frank DrsquoAnna by Salvatore B DrsquoAnna attorney-in-fact
42
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
43
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
44
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1814 Our records indicate that this item was delivered on 02132009 at 1143 am inMELVILLE NY 11747 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-0
45
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1821 Our records indicate that this item was delivered on 02122009 at 0804 am inCOLUMBUS GA 31908 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-0
46
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1838 Our records indicate that this item was delivered on 02122009 at 1115 am inSACRAMENTO CA 95814 The scanned image of the recipient information is providedbelow
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-1
47
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1845 Our records indicate that this item was delivered on 02132009 at 0858 am inLARKSPUR CA 94939 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-2
48
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1852 Our records indicate that this item was delivered on 02142009 at 1106 am inOCALA FL 34478 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586632-42512053-1
49
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
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san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1869 Our records indicate that this item was delivered on 02112009 at 0919 am inSIMI VALLEY CA 93062 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-3
50
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Date Produced 02162009
POSTEDIGITAL LLC
The following is the delivery information for Certified Mailtrade item number 7114 7336 15544319 1883 Our records indicate that this item was delivered on 02122009 at 1036 am inCONCORD CA 94520 The scanned image of the recipient information is provided below
Signature of Recipient
Address of Recipient
Thank you for selecting the Postal Service for your mailing needs If you require additionalassistance please contact your local post office or Postal Service representitive
Sincerely
United States Postal Service
The customer reference number shown below is not validated or endorsed by the UnitedStates Postal Service It is solely for customer use
Customer Reference Number 40586633-42512055-5
51
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
EXHIBIT C
52
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
53
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
54
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
55
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
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please flag with care
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best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
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please flag with care
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best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
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please flag with care
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best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
56
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
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spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
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please flag with care
miscategorized
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best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
57
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
58
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
EXHIBIT D
59
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
60
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
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please flag with care
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san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
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please flag with care
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best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
61
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
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best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
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spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
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spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
62
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
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spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
63
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
EXHIBIT E
64
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt east SD county gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-30 304PM PDTReply to hous-tx6b6-1819709858craigslistorg [Errors when replying to ads]
Motivated owner wants to rent this energy-efficient home ASAPHalf off of Julys rent for qualfied residents OAC (on approved credit)Yes we will consider Section 8 applicants too
A smartly-planned single story detached home with lots of green in mindFully-insulated to help keep you cool in the summer and warm in the winterComplete insulation minimizes outside noise as wellAn energy- and cost-saver that your wallet will appreciate
Almost everything inside this home is newly purchasedNew ac unit with heating and cooling capabilitiesThree new ceiling fans in living areasNew ceramic tile flooring throughout the entire houseNew window coverings and new vinyl windowsNewly-tiled bathroom and fixtures
Large open kitchen area provides lots of room for family time and includesNew stove with built-in clock and new stove hoodNew 20 cubic foot refrigeratorNew oak kitchen cabinetryNew granite-design laminate countertops with built-in breakfast sitting areaNewer model washer and dryer in unit
House is approximately 1000 square feetBedrooms are small but house has large open central area near kitchen for gatherings
Private fenced yard includes pomegranate and peach trees
1 of 3 712010 830 AM
65
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
2 of 3 712010 1130 AM
66
PostingID 1819709858
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
3 of 3 712010 1130 AM
67
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
email this posting to a friend
please flag with care
miscategorized
prohibited
spamoverpost
best of craigslist
san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
69
Other nearby trees include lemon peach fig and loquatLandscape to be maintained by the LandlordHouse is located behind grey castle auto dealership Auto DrsquoElegance on El Cajon BlvdTwo off-street parking spaces
Walk to convenience stores Close proximity to the trolley line and I-8 freeway
Rent $137500 with a minimum six-month leaseDeposit $137500 OACBed 3Bath 15
Pet Deposit is an additional $30000 to the security depositMaximum weight for dogs is 25 pounds
ALL AVAILABLE UNITS ARE NON-SMOKING
Renters insurance is required
Applicants with eviction records are not accepted
If youd like to see the house please call my associate Rhett at 6194422065 He operates a nearbybusiness is readily available can provide applications on the house but CANNOT answer questions about thehouse or leasing
If you have additional questions about the rental process please call 6192643194 My name is Madeline andI will respond as soon as possible
THANK YOU FOR YOUR INTEREST
675 El Cajon Blvd (google map) (yahoo map)
cats are OK - purrrdogs are OK - wooofLocation El Cajonits NOT ok to contact this poster with services or other commercial interests
Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
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Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
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Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
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Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
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Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
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PostingID 1819709858
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Half off Julys rent for qualified renters httpsandiegocraigslistorgesdapa1819709858 html
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Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
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Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
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Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
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Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
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san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-29 909AM PDTReply to see below
Private 3 bedroom house 2 bath covered parking section 8 ok central ac washerdryer refrig stove$800 security depositAvailable nowCall 858-586-1422
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1817181126
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Private House CLOSE TO ALL httpsandiegocraigslistorgcsdapa1817181126html
1 of 1 712010 1132 AM
68
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san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
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email this posting to a friend
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san diego craigslist gt city of san diego gt housing gt aptshousing forrent
Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts asprohibited
Avoid scams and fraud by dealing locally Beware any arrangement involving Western UnionMoneygram wire transfer or a landlordowner who is out of the country or cannot meet you in personMore info
Date 2010-06-28 1011AM PDTReply to see below
Nice 3 bedroom HouseFeatures 2 bath 1400 sq ft RV parking detached garage wd hookups no petsAvailable 71Call 858-547-4861
Location El Cajonits NOT ok to contact this poster with services or other commercial interests
PostingID 1815397654
No contact info
if the poster didnt include a phone number email orother contact info craigslist can notify them via email
Copyright copy 2010 craigslist inc terms of use privacy policy feedback forum
Nice House with RV Parking httpsandiegocraigslistorgcsdapa1815397654html
1 of 1 712010 1133 AM
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