Will Courts Fraudulent Documents to Prevail? Declaration in Support of Opposition - Actual...

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IN THE UNITED STATES BANKRUPTCY COURTNORTHERN DISTRICT OF CALIFORNIA

LESLIE MARKS3099 SUTER STREETOAKLAND, CA 94602

TEL: 510/434-9748FAX: 866/813-8313

INRE:

LESLIE PATRICE BARNES MARKS

Debtor.

I, Leslie Marks, declare:

) CASE NO. 11-43140)) CHAPTER 13)) RELATED CASES:) USBC DELAWARE: 09-50244; 07-10416) 9TH CIR. COURT OF APPEAL: 10-16811;) 10-16799 AND 10-17811) ACSC CASE NOS:) CASE NO: RGI0545629 AND RGI0546852)))))

DECLARATION OF LESLIE MARKSIN SUPPORT OF OPPOSITION TOMOTION TO ANNUL AUTOMATICSTAY

1. I am the Debtor in the above-entitled action. I have personal knowledge of the

2. On or about April 26, 2011 I received the Motion to Annul the Automatic Stay

served by mail. This service is defective in that it does not allow for the response time under the

3.

-1-DECLARATION IN SUPPORT OF OPPOSITION TO MOTION TO ANNUL STAY

26 Federal Rules of Civil Procedure. Furthermore more there is no notice that is an emergency

27 notice or any other evidence to expedite the hearing as set.

matters set forth within and can competently testify thereto if called upon to do so.

28 Attached hereto as Exhibit A is the Notice of Default recorded on May 21,2011

13 IIDeed of Trust.14

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pnor. No assignment or substation of Trustee is recorded prior to this date. The Assignment is

signed by a representative of GreenTree and not the Delaware Bankruptcy Trustee, as Home 123

is in active bankruptcy in Delaware currently. The Substitution is also signed by a representative

of GreenTree. These documents also reference a loan to which Marks has no obligation and is

not related to the 2006 Deed of Trust.

4.. Attached hereto as Exhibit B is a true and correct copy of the 2007 Lis Pendens

which remains recorded and is not expunge.

5. Attached hereto as Exhibit C is a true and correct copy of correspondence from

New Century showing status of Marks loan, the loan number and the cover page of the 2006

Deed of Trust reflecting the current loan number.

6. Attached hereto as Exhibit D is a true and correct copy of the Trustee's Deed

upon sale which reflects a loan to which Marks has no obligation and is not related to the 2006

Attached hereto as Exhibit E is a true and correct copy of the handwritten receipt.

Attached hereto as Exhibit F is a true and correct copy of correspondence

evidencing Mr. Eikenberry's attempt to manipulate the Delaware hearing.

9. Attached hereto as Exhibit G is a true and correct copy of the Blanket Relief from

Stay Order issued by the Delaware Court in 2008. Marks was not made aware of this order, even

though her California case was pending at the time. Marks recently discovered this order in

March 2011 as a result of a hearing in a Hawaii case, attached hereto for the court's convenience.

Perhaps these subsequent litigations could have been avoided had New Century acted in good

faith and provided Marks with this order. Her California case was pending at that time and New

Century should have been brought in to resolve issues.

10. Attached hereto as Exhibit H is a true and correct copy of a recent Memorandum

of Decision which closely mirror's Marks case. In re Salazar, USBC SDC Case No. 10-17456.

11. Attached hereto as Exhibit I are true and correct copies of other relevant evidence

to this case. First a pleading filed by Les Zieve on behalf of Home 123, which is in active BK in


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Delaware - this document is fraudulent on its face. Exhibit 1-2 is a copy of correspondence

from GreenTree depicting a loan number which is not related to Marks deed of trust, and is not

even the same loan number reflected on the foreclosing documents. Furthermore, as you can see,

GreenTree could have expunged the lis pendens and recorded its assignments in 2009 had it had

the legal or lawful right to do so. Exhibit 1-2 is evidence Ocwen claims to transfer to GreenTree.

There is no recorded documents evidencing this transfer. Exhibit 1-3 is a copy of the Proof of

Claim filed by Ocwen, which claimed to be only a "servicer" in the Illston Court. Only the

Lender can file a Proof of claim, the law is clear. Exhibit 1-4 is the current status of former New

Century Employee Tom Chicoine. Exhibit 1-5 copies of envelopes that contained documents sent

by Mr. Eikenberry in violation of the automatic stay.

12. Attached hereto as Exhibit AA through AA-7 are true and correct copies of the

index from the Alameda Country Recorder's office showing that TRA has purchased over 60

properties in Alameda County. This document also reflects that TRA is listed itself as a lender,

Trenor Asknew has recorded himself as a Trustee.

13. TRA has caused me and my family monetary loss by simply refusing to obtain

relief from Fidelity or Green'Iree, whatever entity it purchased a property with clouded title,

based upon fraudulent documents which are fraudulent on its face. 1 have had to not only battle

the banks but now an investor who has no standing whatsoever to proceed against me. 1 am

seeking reimbursement for all costs relating to the unlawful detainer trial and to defend my

position against TRA and Trenor Asknew.

1 declare under penalty of perjury, under the laws of the state of California, that the

foregoing is true and correct and executed on this 2~THst day of April at Oakland, California.


Case3:10-cv-03593-SI Document35-6 Filed09/14/10 Page2 of 3

i.. •.

... -'-'--- ..- --.. -_ ... ...... .. ~.....- _._.--.

Default R,101ution Network, 7592 E. 17th Street. Sulte 300Tuatln, CA 827'SO

•Zll11_ 85/211211013:42PfI

• • IfUtJ!l. ••W!ii!!IJ.OfI w.•••••• COUNTY•.••iI&D~ 21."

1111111111111.· ..~ ..Recording R.queIted Bya.awyera TItItt CompaflYand WMn Reconled Mail to:

f'}. • '.

If

-J,.2 TruatM 8M No: 1~3O-e. Order No. S802497~ Loan No: 8885525) ~

NonCE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST

IMPORTANT NOTICE

IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND INYOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and ~ meyhave the leaa' right to brine your account In good Iblndlng by paylrio an of your pUt duepaym •••• ptu. permitted coats and expena •• wtthln the time permttt.d by taw forreinstatement of your account, whlch I. normally five bUll•••• dayt prior to the .te •• t forthe aa•• of your property. No sale date may be •• t untll th'" montht from the date thII notic.of defautt may be recorded (which date of recordatlon appura Oft thla notice).This amount •• $176.432.10 as of May 19, 2010, and win inorea. until your account becomescurrent. .

While your property •• in forecl_ure. you .tlll must pay other obllgallo •• Ceuch•• iMuMne.and tax •• ) requlrad by yOurnote and deed of tniat or mortpge. If you fanto make futureIH'ymenta on the 'OlIn. pay tu •• on the property, provide IMuranoe on •••• property. or payother obllgaUons •• required in the note and dMd of tru.t Of mortgage, tile beneficiary ormortgag •• may In.lat that you do 10 In ord.r to relnatate your account In good atlndinl. Inaddition, the benefiCiary or mortgag •• may require _ • condition to relnatlltement that youprovide ,.nlble written .vldence that you paid al •• nlor 'iena, property taus. and hazardinluranc. premluma.· .Upon your written •.•q•••• t, the benefiCiary or mortgagH willi," you • written ItImlzlltion Ofthe entire ••••ount you-mult pay. You may not have to pay the entire unpaid porUon of youraccount, even thouah full payment was demanded, but you muat pay an amounta 'n default atthe Um. paym.nt IImade. How.ver, you and your beneftclaty or mort.,.... may mutUllllyag•.•• in writing prior to the time the notice of •••• I. PH*' (which may not be •••.••• r than theend of the thMe","onth period ,.tedabove) to,.among other thtnp. (1) provide addltlone.time In which to CUNt•.•• default by traM'" of the property or otherwtH; or (2) eatabl •••••acheduleof payments In order to cur. ,our defaulti or bolh (1) Ind (2••

FollowIng u.. expiration oru.. time period •.••••f1'M to In the flrat ,.regrapta of lb. notice,un' ••• the obligation MIne foreclotect upon or a • .,. •.•••written •• reement Htwttan 1" .mIyour creditor pennlta • longer pertod. you hav. only th •••••• I1Iht to stop the •••• of yourproperty by paying the enllre .mount demanded by ,our creditor.

To find out the amount you mUlt ".y, or to a,range for ~.nt to .top the forecloaww, or Ifyour property is in fo.-cloaUN for .ny oll1.r reason, contact:

Case3:10-cv-03593-SI Document35-6 Filed09/14/10 Page3 of 3

.., ..

GREEN TR!I SERVICING. LLC (MANUFACTURED HOtJalNG DIVISION)c/o DefauH RHoIUIIon Netwot1t17e2 •• 17th8treet, Suite 300Tuatln. CA .2780Phone: 714-101-5100 REF' 10-0123801 .

If you have any queatlon •• you ahould contaet • lawyer or the governm.ntal ••••• cy whichmay have .naured y.our loin. NOlWithltancling the fact that your ,NtMrty Ia'n foNcloe ••••, youmay offer your property for Hte. provldttd the •••• faconctuded prior to the concluaton of theforeclo.lIN.

REMEMBER, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPTACTION. NOTICE IS HEREBY GIVEN THAT: Def8u1t ••• bHft dHtarecI under a Deed ofTruat datltd •• of Man:b 24, 2001, eucuted by LESLII! BARNa MARKS. AN UNMARRII!DWOMAN ••• tn.aator. to HeU,. oIJIlgetiona In favor of H0MI123 CORPORATION•••Beneftclary. recorded March 30,2001, •• Instrument No. 20011#517 of the otIIclal R.conIa Inthe otftce of the Recorder of Alameda COunty. California, and .t subject to tile tarm. andCOndttlOIWcontained ••••••••• and that

The 0Md of Trust enoumb.,. certain property more partlcul ••.•y de.crlbed the"'n (the "TftlatPropeny"), and that

The 0Hd of Trust •• eu•.•• the payment of and the performance of certain obllgatlona,includfng but not limited to. the obllgdona ut forth In a promlUory note(.) WIth a faceamount of $411.000.00. and that

A breach of, and default Int the obligations for which •• Id Deed of trust fa HCurity h••occumtd In that the tnaator has failed to perform obllgltlona purauant to or under the Noteanellor the DHdof T•.•••t, .peclficall~: failed to pay Plyments WhIch became due; toedterwith .a. Chlrges due; together with other"" and .xpe •••• IncurrH bytile Beneficiary; andthat

By fellOn theNof. the , •• ent beneficiary under auch Deed of Tru.t. hat dellv8fld to •• telTru •••• a oec'aratlOn anet Demand fOrsele, and hIt depOelted with ,.Id dulyappoJnwdTru.t ••• uch Deed of Tru.t and .11documema evidencing the obllgltlona MOuNd thereby,and h•• declared and doH hereby declare a"lurn .ecurecl ••••• by ImlMdlatelydue andpayable .nd •••• elected .and doH htmy elect to caua. the Truat Prope,rty to be lold to••a.ty the obligation. tItlCured thereby.

The mortgagee. beneficiary or authorized 1gent for tta. mortpgee or benencllry pu,.ulnt toCalifornia Civil Codel2t23.S(c) decl,,.. that the mortplJHt beneficiary or the mortpgH·'or bende....,._ authorized agent ha eft••••.contacted the borrower or tried with due diligenceto contact the borrower u requlNd by cattfotnla CIvIl Code t 2123.'.

Date: May 21. 2010

Default Resolution NetworkAgent for the BeneficiaryBy; Lawye•• TIle Com""ny. ~By: SPL Inc., IS Agent

By:

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RECORDING REQUESTED BY

LAWyeRS TITLE COMPANYAND WHEN RECORDED MAIL TOFIdelity National Title Company-17592 E. 17th Street, Suite 300Tustin. CA 92780

--_.-------4- _

PGS

Trustee Sale No. 10-09236-6Space above this Iinef9( recorder's use only

Loan No. 89655256.IH~7

SUBSTITUTION OF TRUSTEE HiAffidavit attached I!'

'11

WHEREAS. LESLIE BARNES MARKS, AN UNMARRIED WOMAN, was the Or[§inal Trustor. NORTHAMERICAN TITLE, was the original Trustee. and HOME123 CORPORATION. was the originalBenefiCiary under that certain Deed of Trust dated March 24, 2006, and record~b March 30. 2006 asInstrument Number 2006122537 of Official Records in the Office of the Recora~r of Alameda County,California; .11

IiWHEREAS, the undersigned current Beneficiary of the Deed of Trust desires to sQbstitute a new Trusteeunder said Deed of Trust; -il

!'

Now. THEREFORE, the undersigned hereby substitutes Fidelity NatlonalT!ije Company, whoseaddress is 17592 E. 17th Street, Suite 300, Tustin, CA 92780, as Trustee under said Oeed of Trust

;y~ *~ lttttt4td. JjDATE: ~~ID "~I

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By:

before me, JklO'e> $',. ~rS!l{eJe ,.... a Notary PUblic~j personally appeared"""l.5JiI:a:!I..-+~~~Wd~.,....,.... who proved to me WiI the basis of satisfactory evid~~ce to be the person(s)whose name(s) is! ~ subscribed to the within instrument and acknowledged to me tl)at: h~/shelthey executed thesame in hislherltheir authoriz~ capacity{ies), and that by his/herltheir signature(s) on the i1strument the person(s).or the entity upon behalf of which the person{s) acted. executed the instrument.;:

I certify under PENALTY OF PE;RJURYunderthe laws of the State of ;Yh,·am.¢rt14 that th~ foregoingparagraph is true and correct. II

WITNESS my hand and official seal. • J.'.\

• Delores E. Kargleder~ (~~rARY !'UBLIC

~-mleof MinnesotaMyCOntmission Expires 1.31"2015

--.--~-.---~------- -----

RECORDING REQUESTED BY

LAWYERS TiTLE COMPANYAND WHEN RECORDED MAl L TO

GREEN TREE SERVICING, LLC(MANUFACTURED HOUSING DIVISION)33600 6TH AVE. S., SUITE 220,FEDERAL WAY, WA 98003

Space above this line for tecorde( s use onlyTitle Order No. 5802497 !

iTrustee Sale NO.10-09236-6 . Loan No. 89655256

ASSIGNMENT OF DEED OF TRUST ;I

FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to Green Tree Servicing LLC all .beneficial interest under that certain Deed of Trust dated as of March 24, 2006 executed by LESLIE BARNESMARKS, AN UNMARRIED WOMAN, as Trustor; to NORTH AMERICAN TITLE, as'Trustee; and Recorded onMarch 30, 2006 with recorder's reference 2006122537 of official records in the Offic~ of the Recorder of AlamedaCounty, California. . ..

TOGETHER with the note or notes therein described and secured thereby. the mdn~y due and to become duethereon, with interest, and all tights accrued or to accrue under said Deed of Tru~tl including the right to havereconveyed, in whole or in part. the real property described therein. .

DATE: ~:2 ,qCHJl 0

Home123 Corporation, a California Corporation

i~ By: . tJ> I1UwV A~l..,,\ J ""'5",,,,,,,-STATE OF: =z11dn ~COUNTVOF:~v""~ ~_

On /••~; ~~ ,,),;r, t rv re me, -...~u;....<I,..:I;:::;.J,o~:.......s<::::::;;;.--t;.~~~~~_~""'"'::":~:-':;-:~' Notary Public,pers~ whQ· proved to me on the basisof satisfactory evidence to be the person( whose name{s) is/are subscribed to the within instrument andacknowledged to me that he/she/they execu ed the same in hislherltheir authoriz~d capacity(ies), and that byhis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument

I certify under PENALTY OF PERJJJ.RYunder the laws of the State of .-ltlin ICiM,gf;:; a that the foregoingparagraph is true and correct. - i

WITNESS my hand and official seat.'

'!l#~£A~) ..Nota~= A"ft _ = _

'!~ Delores E. Kargleder~ ~ NOTARY PUBLIC

State of Minnesota., •.••• My CommisSIon £xp"es 1.31.2015

RECORDING REQUESTED BYAND WHEN RECO~DED MAIL TO:~~.......-.~~~~--~==-- MAY X 3 Z007

COpy of Document Recorded

on.HEL. 8 2007~~J!.~'~~D~i~:~;~~~,:;'was No._ dO r)? 17 c'j "F~ i. ~{E:'iNO!.;rp'::T::~;~~lr.=G"!~n,~Has not been compared with Original

ALAMEDA COUNTY RECORDER

Leslie Marks3099 Suter StreetOakland, CA 94602

SPACE ABOVE THIS UNE FOR RECORDER'S USE

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LESLIE MARKS, In Pro Per, ) CASENO. C072133 S1)) RELATED CASES:) UNITED STATES DISTRICT COURT) CASE NO: 06-06806 S1 :;:-'-)

OCWEN FINANCIAL CORPORATION, ) UNITED STATES BANK.RUPTCY COURTOCWEN LOAN SERVICING, DB ) DISTRICT OF DELAWARE CHAPTER 11STRUCTURED PRODUCTS, INC. and DOES,) CASE NOS: 07-104-16 KJC~JOINTLY1-100, ) ADMINISTERED

)) AMENDED LIS PENDENS) [CCP SECTION 405.20])) Original Complaint filed

_______________ ). In State Court: July 28,2006

Plaintiff,

v.

Defendants.

Notice is given that the above-entitled action was filed in the above-entitled court on

Apri117, 2007 by Leslie Barnes Marks, plaintiff, against OCWEN LOAN SERVICING, LLC

AND DB STRUCTURED PRODUCTS, lNC. The action affects title to specific real property or

the right to possession of specific real property identified in the complaint in the above-entitled

action. .--~----

1LIS PENDENS

The specific real property affected by the action is located in Alameda County,

California, commonly known as 3099 Suter Street and the land referred to is situated in the State

of California, County of Alameda, City of Oakland, and is described as follows:

A portion of Lots 10, 11 and 12, in Block 1(, of "Oakland Highlands, 1912", filedApri112, 1912, in Map Book 26, Page 79, Alameda County Records, described asfollows:

Beginning at the point of intersection of the Southwestern line of Suter, formerlyMain Street; with the Northwestern line of Curran Avenue, as said street andavenue are shown on the map herein referred to; running thence Northwesterlyalong said line of Suter, formerly Main Street, 40 feet; thence at right anglesSouthwesterly 100 feet; thence at right angles Southeasterly 40 feet to theNorthwester line of Curran Avenue; thence Northeasterly along said line ofCurran Avenue, 100 feet to the point of the beginning. (Being APN 218-927-6)

Dated: May 1,2007

Leslie Marks, In Pro Se

ORDER

The Complaint in this action has been read and on its face contains a claim with would-

affect title to real property. By approving the recording of this Lis Pendens, this Court does not

determine the probable validity of the claim or whether the claim has merit. This claim may be

subject to expungement as provided by law. Recording ofthis Lis Pendens is Approved, CCP

405.21.

Dated: May r ,2007

-- ---'------------,---,------ -'---,-----

2LIS PENDENS

NOTICE OF PENDENCY OF ACTION

Marh v OC:W€Tl,. et al,USDC NDC Case No.: C07 2133 SI

PROOF OF SERVICE via CERTIFIED MAIL

Ideclare that:

Iam a citizen of the United States, employed in the County of Alameda, California, over

the age of eighteen years, and not a party to the within cause. Iam reside in Alameda County,

California, 94602. I am not a certified process server. On May 8, 2007, I served the within:

To the following parties and/or interested. parties:

Agent for Service of Process for DB StructuredProducts, Inc.:CERT # 7006 2760 0004 08658386CT Corporation System818 W 7th StreetLos Angeles, CA 90017

Agent for Service of Process for OCWEN:CERT# 7006 2760 0004 0865 8393CSC Lawyers Incorporating2730 Gateway Oaks Drive #100Sacramento, CA 95833

CERT# 7006 2760 00040865 8409US TrusteeUnited States Trustee844 King Street, Room 2207Lockbox#35Wilmington, DE 19899-0035

CERT # 7006 2760 000408658416Mark D. CollinsChunL JangMichael Joseph MerchantRichards, Layton & Finger, P.A.920 North King StreetWilmington, DE 19899

CERT# 7006 2760 0004 0865 8423Timothy P. CarinsPachulski Stang Ziehl Young Jones919 N. Market Street, 17th FloorWilmington, DE 19801

CERT# 7006 2760 0004 08658430BenH. LoganSuzanne S. UhlandAustin K. BaronEmily R. CullerO'Melveny & Meyers LLP275 Battery StreetSan Francisco, California 94111

CERT# 7006 2760 0004 0866 0174Brian H. GunnWOLFE & WYMAN LLP2175 N. California Blvd., Suite 415Walnut-Creek, California 94596-3579

CERT# 7006 2760 0004 0865 8157Clerk of the CourtUnited States Bankruptcy CourtDistrict of Delaware824 North Market Street, 3rd FloorWilmington, Delaware, 19801

--------

·'."

,. .Marks v Ocwen, et al.USDC NDC Case No.: C07 2133 SI

X BY CERTIFIED MAIL RETURN RECEIPT REQUESTED: on the parties in saidcause, by placing a true and correct copy thereof enclosed in a sealed envelope with postagethereon fully prepaid, in the United States mail at San Francisco, California, addressed asfollows:

I certify and declare under penalty of perjury that the foregoing is true and correct and

th~t this declaration was executed on May'~ 2007, at San Francisco, California.

f1J NEW CENTURY~ New Century Liquidating Trust575 Anton Boulevard, 3rd Floor, Suite 46

Costa Mesa. CA 92616(714) 432./'i57/'i • Fax (714) 432-0490

August 24, 2010

ExperianAttn: Experian Consumer Assistance701 ExperianParkwayAllen, TX 75013(888) 397-3742

Equifax Credit Information Services, IncPO Box 740241Atlanta, GA 30374(800) 888-4213

TransUnionAttn: TransUnion Consumer SolutionsPO Box 2000Chester, PA 19022-2000(800) 916-8800

InnovisAttn: Consumer AssistancePO Box 1534Columbus, Ohio 43216-1534(800) 540-2505

RE: LeslieBarnes Marks - Debt previously reported by HomeU3Corporation- Loan Number 1006788513 ~

l\Dear SirlMadam: _

This letter is sent in regard to consumer, Leslie Bames Marks, regarding anobligation previously reported as owing by Homel23 Corporation in 2006-07, whichrequires correction.

Please be advised that on April 2, 2007 (the "Petition Date"), New Century TRSHoldings, Inc., and certain of its affiliated entities, including Homel23 Corporation(collectively, the "Debtors"), filed chapter 11 bankruptcy petitions in the United StatesBankruptcy Court for the District of Delaware (the "Bankruptcy Court"), which cases arejointly administered as Case No. 07-10416.

On November 20, 2009 the Bankruptcy Court entered an Order Confirming theModified Plan of Liquidation (the "Plan"). Pursuant to the Plan's terms, the NewCentury Liquidating Trust (the "Trust") was created and Alan M. Jacobs was appointed asLiquidating Trustee.

871230/003·19146J 5.1

· .Guarantee No. 05802497

EXHIBIT "A"

All that certain real property situated in the County of Alameda, State of California, described asfollows:

(City of Oakland)

Portion of Lots 10, 11 and 12, in 610ck K, of nOakland Highlands, 1512", filed April 12, 1912, in MapBook 26, Page 79, Alameda County Records, described as follows:

Beginning at the point of intersection of the Southwestern line of Suter, formerly Maine Street, withthe Northwestern line of Curran Avenue, as said street and avenue are shown on the Map hereinreferred to; running thence Northwesterly along said line of Suter, formerly Maine Street, 60 feet;thence at right angles Southwesterly 100 feet; thence at right angles Southeasterly 40 feet to theNorthwestern line of Curran Avenue; thence Northeasterly along said line of Curran Avenue 100 feetto the pint of beginning.

Note: For information purposes only, the purported street address of said land as determined fromthe latest County Assessor's Roll Is:

3099 Suter Street, oakland, California

The Assessor's Parcel Number, as determined from the latest County Assessor's Roll is:

028-0927-006••• + "iff 9,:=18

An inspection of said land has not been made", and no assurances are hereby given or implied as tothe location of the land herein described.

ClTA Guarantee Form No. 22 (ReVised 05-27-09) Page 2

!ZECORDING REQUESTED BY~orth American Tide Company

Recording Requested By:Bome123 Corporation

Return To:

Hcme123 Coxporation3351 Micllel.son Dnve ,Ste 400Irvine, CA 92612 11~lllllllln21 OOSPrepared By:Bome123 Corporation3351 Michelson Drive,Ste 400Irvine! CA 92612 J~-----------{SpIlCle Above1'b1s LlDe For ReeordlDg Dacal-----------5CDColo tfCo I DEED OF TRUST

(A) "Security Instrument" means this document, which is dated March 24, 2006together with all Riders to this document(B) ''Borrower" is Leslie Barnes Marks t An 'Onmarri.ed Woman

DEFINITIONSWords used in multiple sections of this document are defined below and other words are defined inSections 3, 11, 13, 18, 20 and 21. Certain roles regarding the usage of words used in 1his docurm:nt arealso provided in Section 16.

Borrower's address is 3099 su.ter Street r Oakland, CA 94602. Borrower is the trustor under this Security Instrument.

(C) "Lender" is Home123Co:porat~on

Lender is a Co:pcn:ati.oncrgenized and e.'Cistingunder the laws of Cal.i.£ol:Ida

CAUFORNIA...slngle Famlly-Fannte Mae/Freddie Mac UNifORM INSTRUMENT

_ -6{CA) (0207)'--fi t4 1_.nP8gQ;Ol15 !1'J~f7L

VIAP 1lORrGAGE FORMS - (IIDO)521-7281

~ 1006788513 ~

Form 31105 1101

IT

AUeCTUSt 24, 2010Page TwoRe: Leslie Barnes Marks

The Trust's records reveal that during 2006, Leslie Barnes Marks obtained LoanNumber 1006788513 ("Loan") from Horne123 Corporation. The Trust has learned thatthe Loan was reported to one or more credit reporting agencies as being in default duringthe time that the Debtors owned and/or serviced the Loan. However, the Trust's recordsindicate that the Debtors no longer own this Loan as the Loan was transferred to a thirdparty as of March 30, 2007 .._* Accordingly, Leslie Barnes Marks does not owe the Debtors, including Home123

- Corporation, or the Trust any monies on account of the Loan. Please delete any entry inMs. Marks's credit report indicating otherwise.

Very truly yours,

Diane Denney

CC: Ms. Leslie Marks3099 Suter StreetOakland, CA 94602-2840

Mark S. Indelicato, Esq.Hahn & Hessen488 Madison AvenueNew York, NY 10022

".• , 71. 1

------------~.----- .~------------- ----

,. WHEN ~CO~DEO PAAIL TOandMAIL TAX STATEMENTS TO:

TRA PARTNERS LLe360 GRAND AVE 1fJ47OAKLAND. CA 94610

ReCORDtNG REQUESTED BY'AND MAIL TO

1f.:rJf:

Trustee Sale No. 10-09236--6. Loan No. 89655256 TItle Order No. 5802497

TRUSTEE'S DEED UPON SALE

APN 028-0927-006

The undersigned grantor declares:1) The Grantee herein was not the foreclosing beneficiary.2) The 'amount of the unpaid debt together with costs was $682,632.763) The amount paid by the grantee at the trustee sale was $193,000.004) The documentary transfer tax is ,$ £1;}". 105) Said property is in the City of OAKLAND, Alameda. County CTtJ -fuA 1fJ..,~5.~

Fidelity National Title Company (herein called Trustee), as the duly appointed Trustee under theDeed of Trust hereinafter described, does hereby grant and convey, but without covenant or

. warranty. express or implied, to TRA PARTNERS LLC (herein 'called Grantee), all of its right, titleand interest in and to that certain property situated in the County of Alameda, State of California,described as follows:

See Property Description Attached Hereto $~ (~l.L:..+P\

This conveyance is made pursuant to the powers conferred upon Trustee by that certain Deed ofTrust dated March 24, 2006 and executed by LESLIE BARNES MARKS, AN UNMARRIEDWOMAN, as Trustor, and recorded on March 30, 2006 as Instrument 2006122537 of official recordsof Alameda County, California, and after fulfillment of the conditions specified in said Deed of Trustauthorizing this conveyance.

Default occurred as set forth in a Notice of Default and Election to Sell which was recorded in theOffice of the Recorder of said County, and such default still existed at the time of sale.

All requirements of law regarding the mailing of copies of notices or the publication of a copy of theNotice of Default or the personal delivery of the copy of the Notice of Default and the posting andpublication of copies of the Notice of a Sale have been complied with. .

Trustee, in compliance with said Notice of Trustee's Sale and in exercise of its powers under saidDeed of Trust, sold the herein described property at public auction on October 20, 2010. Grantee,being the highest bidder at said sale. became the purchaser of said oronertv for the amount hiri

" being $ t.93;060.00 in lawful money of the United States, or by credit bid if the Grantee was thebeneficiary of said Deed of Trust at the time of said Trustee's Sale.

Dated: October 20,2010

Fidelity National Title Company

fu-~-~-Marcy Axelrod, Authorized Signature

State of CaliforniaCounty' of Orange

}ss.}ss

On October 22, 2010, before me, Shena Marie La Rue, Notary Public, personally appeared MARCYAXELROD, who proved to me on the basis of satisfactory evidence to be the person{s) whosename(s) is/are subscribed to the within instrument and acknowledged to me that he/sheltheyexecuted the same in hislherltheir authorized capacity(ies), and that by his/herltheir signature{s) on.the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed theinstrument.

I certify under PENALTV 'OF PERJURY under the laws of the State of California that the foregoingparagraph is true and cor.ect. '

SHENA MARIE LA AUEcommission #18~7664 2:

Notary Public - Cahlornla !Orange County

My Comm.ExpiresJul 27,2012

(Seal) .

TRUSTEE SALE ( viTRUSTOR PAYMENT ( )

PDSTING AND PU.LI6HINB

\t\\'\ T.S.NO.

'-,ADDRESS Li ~1l--~~-----------------------------------------------------------

4\ -~,r-ACITY hi dl(?'1 STATE L ; ZIP

PHONE NO. _t_k-:.., ,z;._r_'_Z_v-r)_L __ ~_\-e__k_)~_,.._)<;;'..,... CONTACT __ a....:..1~t.)_C1_! _-_It..::...· _0.....;:· D:..........'S~J -.....:..1-..;;3......;0:;...· _

CHECK NO.CD ID ?JCfJ C6~~

AMOUNT$ {;_f~[_)i~(j7_!J_O_' .._l......;.:u _

$-------------------$-------------------$------------------$-------------------$-------------------

TOTAL OF ANY CASH RECEIVED $ _~f·f. - 4.- ,TI'l n i';1'. JT!<"i' 'if-.,SUCCESSFUL BID $ __.~_~.:....I ••'"-).:;....•.••.•.t p:....;.:I'-'-}_·_&_v' __ TOTAL RECEIVED $ __Y_"'_iJ_U",,-,! _u_i{......;}iVI"-I-'-._(j-'-'u:......--:........; _

~TRANSFER TAX $ --"- _0.RECORDINGFEES$ __ ----'~~/ _

AMOUNT REQUIRED $ \q, i i}llf) . lfDREFUND AMOUNT $ .....l"1~:..:....1twr];::....!:ru:......'· _' ---,Vl~? _

REFUND PAYABLE TO '1--12 fl; 11LA ~r { {\-( {:I L-L- C\. -"'~' "--...,

RECEIVED BylLD n ~.rV\ch-eJ V1 BUYERS SIGNATURE ../~....::.-~ c=:::;=.

BUYERS NAME l\~V\D\' l~:</t(..o/:IJ DRIVERS LICENSE N~ ~3L} (p(~114

TITLE TO PROPERTY TO BE VESTED AS FOLLOWS 1Q A Po. (+ (;t· 0( S. L l,... C

ADDRESS ~~/~/~·,----'~/-~-=._=/~/'~~_.,~,-~*_~.'_-~<~.:......ll·-l.!..-'------~--------------------------~.2 1·"") { ,r' (J •.- (, /' [" , ",-.

CITY

LAW OFFICE OF

KEVIN S. EIKEl\1J3ERRY1470 l'vIARL..••.LANt, SUITE 440

W~l\'1jT CREEK, C.~IFORi\JL'" 94596

TELEPHONE 925·933·2161

FACSiMILE 925·933-2673

February 10, 2011

Leslie B. Marks3099 Suter StreetOakiand, CaL 94602

Re: TRA Partners v. MarksCase # RG10545629

Dear Ms. Marks:

I have received numerous documents from you over the past few days which, among other things, advise thatyou are not available to appear for the 2-25-2011 trial in the above action set for 8:45 a.m. in Dept. 1 of the SuperiorCourt located at 1225 Fallo,nStreet, Oakland, Cal. You have stated that you will be in Delaware on 2-23-2011 through 2-25-2011 in connection with the 2-24-2011 continued hearing in the Adversary Proceeding that you filed in the DelawareBankruptcy Court.

In the event that you are not yet aware of same, the Delaware Bankruptcy court hearing has again beencontinued. The 2-24-2011 hearing has been continued to 3-23-2011. I checked the court docket yesterday anddiscovered a new filing dated 2-8-2011 that advises of the continuance. Thus you will not need to travel to Delawaresince there is no hearing set for 2-24-2011. You can appear at the trial in the eviction lawsuit on 2-25-2011. I will appearin court on that date with my client and will not agree to any continuance of the trial. A decision in the eviction lawsuitneeds to.be rendered so that you and my client can proceed beyond the current standoff that exists.

V~Jtruly yours,

h~~Kevin S. Eikenberry

Leslie (Barnes:Mar~3099 Suter Street

oaRland; CJI 94602fJ'e{:510/434-9748 Ce{f: 510/393-3893 p~. 866-814-8313

February 14, 2011

BY CERTIFIED MAIL RETURN RECEIPT REQUESTEDReceipt No.: 7009 2820 0002 4900 6542Kevin Eikenberry, Esq.1470 Marina Lane #440Walnut Creek, CA 94596

Re: TRA v Marks ACSC Case NO.RG10546852Marks v Askew and TRA Partners LLC, ACSC Case No: RG10546852

Dear Mr. Eikenberry:

Last time I checked, you are not a judge. I am curious why you are notifying me of achange of the date for the Evidentiary Hearing and I did not get this notification from the attorneysat Hahn & Hesson, nor given the opportunity to object to any change, Furthermore, if such anorder exists, why did you NOT download same and present it to the California court as evidence.To the best of my know/edge Judge Carey's order STANDS, I have paid for airfare and other travelrelated expenses, and had to make special arrangements for my disabled son. That said, shouldJudge Carey issue an order making such a change, you can collude with Hahn & Hesson to payfor any costs lam forced incur to that end. Please provide evidence you have that changes theorders of a Federal Bankruptcy Chief Justice.

Enclosed find courtesy copies of Objection to ANY Continuance; and the Motion to Compeldiscovery responses from your clients.

Again, your clients have the burden of proof that they PERFECTED title PRIOR to bringingthe unlawful detainer action. While you are checking other cases to which you are NOTrepresenting any party in those actions, I FAIL to see any evidence whatsoever that confirms yourclients have PERFECTED title PRIOR TO BRINGING THE UNLAWFUL DETAINER ACTION.You and your clients continue to present matters at bar to which the court has NO subject matterjurisdiction over your clients failing to provide evidence of PERFECT title, and you LOST yourmotion for summary judgment - NOT based on my response, based on DEFECTS in YOURmotion. I will ask the court for costs of defending the frivolous action/motions brought by you andyour clients, sanctions and any other relief the courts deem fair just and proper.

r-.i Very)truly yours,<; L/ r " \t''') ii ')) t:,--

___..-~ 11 /1 \,/L[ J /((jt)cJc_.> LEStlE MARKS' v L-.......

./ !

/ /\~._//

lure CHAPTER 11(Jointly Administered) --

UNITED STATES BANKRUPTCY COURTFOR THE DISTRICT OF DELAWARE

NEW CENTURY TRS HOLDINGS, rsc,et al. Case No. 07-10416 (KJC)

Debt01'S

LESLIE MARKS, Adv. Pro. No. 09-50244 (KJC)Plaintiff,

NEW CENTURYTRS HOLDINGS~lNC~:ei al. Re: docket nos. 53, 56, 62

Defendants

OlIDER ... .-~

AN!) NOW. this 21st dayof December, 201 O~it appearing that plaintiff Leslie Marks has

filed the following motions in this adversary proceeding:

(i) the request of Leslie Marks for a stay of dismissal of this adversary proceeding

(D.l. 53)(fue "Requestto Stay Dismissal");and

(ii) the-request of Leslie Marks fur a Temporary Restraining Order (D~ 56)(tb.e

"Request for TRO"); and

it further appearing that this adversary proceeding was closed on September 2. 2010. and

it further appearing that the plaintiff has requested an adjournment of the hearing

scheduled for January 4~2011; it is hereby

ORDERED as follows:

1. The hearing scheduled for January 4, 2011 is rescheduled for Thursday, February 24,

2011 at 10 a.m. (ET) in CourtroomNo. 5, United States Bankruptcy Court for the

District of Delaware, Wilmington, DE 19801, at which time the Court will consider:

(i) whether this adversary proceeding should be reopened,

(ii) the Request to Stay Dismissal and the response thereto by the New Century

Liquidating Trust CDl. 54), and

(ill) the Request for TRO and the response thereto by the New Century Liquidating

Trust (D.L 63).

At the February 24, 201i hearing, the parties should be prepared to address whether the

this COUlt has jurisdiction to consider a challenge to a state court foreclosure judgment

and sheriffs sale based upon the Rooker-Feldman Doctrine (See Edwards v. New

Century NEon-gageCorp. (In re New Century TRS Holdings, Inc.), 423 B.R. 467

(Bankr.D.DeL2010).

3. .Any party who intends to present evidence or make extensive legal argument must appear

in person at the February 24~2011hearing.

4. On or before February 17, 2011, the parties should exchange copies of all exhibits they

will use and a list of all witnesses they will present at the February 24, 2011 hearing ..---

cc: MarkS. Indelicato, Esquire!

GE

'Counsel shall serve a copy of this Order upon all interested parties and file a Certificate ofService with the Court.

[I.

I!

I

HAHN&HESSEN LLPATIORNEYS

Mark S. IndelicatoManaging Partner

Direct Dial: (212) 478-7320Email: minde/[email protected]

February 1~, 2011

VIA FEDEX OVERNIGHT MAIL

The Honorable Kevin J. CareyUnited States Bankruptcy CourtDistrict of Delaware824 North Market Street, 5th FloorWilmington, DE 19801

Ms. Leslie Marks3099 Suter StreetOakland, California 94602

Mr. Kevin S. Eikenberry, Esq.1470 Maria Lane, Suite 440Walnut Creek, California 94596

Re: In re New Century TRS Holdings, Inc. et al. (the "Debtors")Case No. 07-10416 (KJC); andMarks v. New Century TRS Holdings, Inc. et al.Adv. Proc. No. 09-50244 (KJC)

Dear The Honorable Kevin J. Carey, Ms. Marks and Mr. Eikenberry:

This firm represents Alan M. Jacobs, as Liquidating Trustee of the New CenturyLiquidating Trust appointed pursuant to the Second Amended Joint Chapter 11 Plan ofLiquidation of the Debtors and the Official Committee of Unsecured Creditors Dated as of April23,2008, which became effective on August 1,2008 and reaffirmed pursuant to the ModifiedSecond Amended Joint Chapter 11 Plan of Liquidation Dated as of September 30, 2009, whichbecame effective on December 1, 2009.

We are in receipt of the Objection Continuation of Evidentiary Hearing to March 23,2011. The Notice of Agenda of Matters Scheduledfor Hearing on February 8,2011 at 10:00a.m., which was filed on February 4,2011, states that the Request for Stay of Dismissal andStatus Conference Statement (the "Request"), and Leslie Marks' Ex Parte Application forTemporary Restraining Order and Preliminary Injunctions (the "TRO") were being continued to

488 Madison Avenue - New York, NY 10022 - (212) 478-7200Fax (212) 478-7400 «Email: [email protected]

February 14,2011Page 2

the hearing scheduled for March 23,2011. We write to advise you that the foregoing was anerror. As per the Order entered by the Honorable Judge Carey's Order on or around December22,2010 both the Request and the TRO will be heard at the February 24,2011 hearing.

871230/009·2264197.1

G-

iI

I

IN THE UNITED STA IS BANKRUPTCY COURTFOR THE DIS~T OF DELAWARE

------~~------------------~!

Debtors.

-Chapter 11Case No. 07~10416-KJC,~

In re

NEW CENTURY TRS HOLDINGS,INC.• et aI.,

AMENDED ORDER TERMINATING THE AUTOMATICSTAY UNDER SECTION 362(a) OF THE BANKRUPTCY CODE

TO PERMIT THE COMMENCEMENT OR CONTINUATION OF ANY ACT TOEXERCISE ANY RIGHTS AND REMEDmS UPON INTERESTS IN REAL PROPERTY

(relates to Docket No. 8595)

UPON CONSIDERATION OF variousmotions for reconsideration (Docket Nos. 8631.

8632, 8633, 8634, 8635, 8636, 8637, 8638, 8639, and 8640) (collectively, the "Motions") filed

by various parties (collectively, "Movants") in connection with the Order Providing that the

Automatic Stay Under Section 362(a) of the Bankruptcy Code Is Terminated To Permit the

Commencement or Continuation of Any Action To Foreclose Upon or Extinguish an Interest

Listed in the Name of a Debtor (Docket N~. 8595) (the "Blanket Relief Order"). and the

omnibus response to the Motions (Docket No~ 8735) filed by The New Century Liquidating

Trust and Reorganized New Century Warehouse Corporation (together, the "Trust"), by and

through Alan M. Jacobs, as their Bankruptcy: Court appointed Liquidating Trustee and Plan

Administrator; the Court having determined that the relief requested in the Motions is

appropriate under the circumstances to the extent more fully set forth herein; and it appearing

that no other or further notice is required; and after due notice and sufficient cause appearing

therefor; IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

t. The Motions are GRANTED in rt and DENIED in part as set forth more fully

hereinbelow. All capitalized terms not othe ise defined herein shall have the respective

meanings set forth in the Motions. The Blanke Relief Order is hereby RECONSIDERED and!

AMENDED AND SUPERSEDED by this order as described hereinbelow.

2. Pursuant to 11 D.S.C. § 362(d), to the extent that the automatic stay and/or any

injunctjon(s) may otherwise be applicable, any party is hereby granted relief from the automatic

stay and such injunctioms), and the automatic stay and, such injunction(s) are terminated, with

respect to any interest in real property which may now be or some time in the past have been

deemed. to be property of one or more of the Debtors or the Trust ("Real Property"). Any party

is hereby permitted to exercise its rights, if an~. under applicable non-bankruptcy law against

any Real Property. including but not limited to the foreclosure of any mortgage, deed of trust. or

other interest or encumbrance thereupon. JI

3. Nothing in this order (i) shall co ,stitute a determination that any of the DebtorsI

holds any interest in Real Property, (ii) shall estep the Debtors from denying that they hold any

interest in Real Property. or (iii) shall constitute a determination as to the validity, priority, or

amount of any claim secured by Real Property asserted by any party.

4. The relief granted in this order shall not affect any substantive or procedural

requirements for the exercise of rights and remedies against Real Property under applicable non-

bankruptcy law.

5. To the extent that this order is inconsistent with the Confirmation Order and/or

any other order of the Court. this order shall be deemed to supersede such orders in all respects

insofar as such orders extend the automatic stay and/or any injunction(s) with respect to any

interest in Real Property.

-3·

6. The relief granted in this order shall apply without further order of the Court.

Any party seeking to exercise its non-bankruptc rights and remedies against Real Property shall

not file a motion for relief from the automatic !stay and shall not serve any documents related

thereto upon the Debtors, the Committee, the Liquidating Trustee/Plan Administrator or their

respective counsel in these cases. Such professionals are hereby authorized to dispose of and

discard all such foreclosure/extinguishment pleadings and documents served upon them prior to

or following the entry of this order. In the event a party nevertheless flies a motion for relief

from the stay in these chapter 11 cases, such a motion shall be deemed moot and will not be

granted or otherwise entertained by this Court.

7. Movants' request in the Motions for a mechanism to obtain an order specific to a

particular property or particular properties is denied.

8. The Clerk of the Court shall place a notation on the docket for these Chapter 11

cases providing that: "The Court has granted relief from the aut9P'atic stay for ,. parties to~~~ tltu& Yn Itrl::v

exercise any applicable rights and remedie"lInder applicable DO~ptCY law. Partie,

seeking to exercise their non-bankruptcy rights and remedies against Real Property are ordered

not to file motions for relief from the automatic stay. Parties are directed to Docket No. for

a copy of such order."

9. To the extent any other order of the Court., including but not Jimited to the Order

Confirming the Second Amended Joint Chapter 11 Plan of Liquidation of the Debtors and the

Official Committee of Unsecured Creditors Dated as of April 23, 2008 (Docket No. 8596), as

amended by the Order Amending Order Confirming the Second Amended Joint Chapter II Plan

of Liquidation of the Debtors and the Official Committee of Unsecured Creditors Dated as of

April 23, 2008 (Docket No. 8626). purport to incorporate any provisions of the Blanket Relief

Date: ~"3 ~.;Wilmmgton( Delaware

•. . I .•' II

jI

Order by reference, such orders shall be deemt to incorporate the terms of this order in lieu

thereof. .

10. This Courtshall retain jurisdiction over any and all issues arising from or related

to the implementation and interpretation of this order.

-4-

2011 U.S. Dist. LEXIS 33629, *

EUSTAQUIO N. UY, Plaintiff, v. WELLS FARGO BANK, N.A., AS TRUSTEE FORCARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC2 ASSET-BACKED PASS-THROUGH

CERTIFICATES; NEW CENTURY MORTGAGE CORPORATION; MORTGAGE ELECTRONICREGISTRATION SYSTEMS, INC.; DOES 1-20, Defendants.

Civ. No. 10-00204 ACK-RLP

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

2011 U.S. Dist. LEXIS 33629

March 28, 2011, DecidedMarch 28, 2011, Filed

CORE TERMS: mortgage, summary judgment, disclosure, declaration, discovery, matter oflaw, rescission, foreclosure, genuine issue', material fact, citations omitted, borrower,statute of limitations, equitable estoppel, emotional distress, equitable, requisite, loanapplication, time-barred, nonmoving, notice, lender, reply, good faith, probative evidence,outrageous, consumer, assignee, tolling, common law

COUNSEL: [*1] For Eustaquio N. Uy, Plaintiff: Robin R. Horner, LEAD ATTORNEY, RRH &Associates, Attorneys at Law LLLC, Honolulu, HI.

For Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC2 Asset-Backed Pass-Through Certificates, Defendant: David E. McAllister, LEADATTORNEY, Pite Duncan, LLP, San Diego, CA; David B. Rosen, LEAD ATTORNEY, The LawOffice of David B. Rosen, ALC, Honolulu, HI.

JUDGES: Alan C. Kay, Sr. United States District Judge.

OPINION BY: Alan C. Kay

OPINION

ORDER GRANTING WELLS FARGO'S MOTION FOR SUMMARY JUDGMENTPROCEDURAL BACKGROUNDOn April 7, 2010, Eustaquio N. Uy ("Plaintiff") filed a complaint ("Complaint") in this Courtagainst Wells Fargo Bank N.A. as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC2 Asset-Backed Pass-Through Certificates ("Wells Fargo"), New Century MortgageCorporation ("New Century"), and Mortgage Electronic Registration Systems, Inc. ("MERS").Doc. No. 1. On December 22, 2010, Wells Fargo filed the instant Motion for SummaryJudgment, or in the Alternative, Summary Adjudication ("Motion"). Doc. No. 13. The Motionwas supported by a memorandum, a separate concise statement of facts ("Def.'s CSF"), anddeclarations and supporting exhibits [*2] from Wells Fargo and Carrington MortgageServices, LLC ("Carrington"). Doc. Nos. 14-17. On February 28, 2011, Plaintiff filed amemorandum in opposition to the Motion ("Opp'n"), a concise statement of facts ("PI.'s

1

CSF"), a declaration from Plaintiff, and an exhibit. Doc. No. 24.1 On March 7, 2011, WellsFargo filed a reply memorandum in support of the Motion ("Reply"), a supplementaldeclaration from Carrington, and evidentiary objections to Plaintiff's declaration. Doc. Nos.27-29. The Court held a hearing on Wells Fargo's Motion on March 21, 2011. 2

FOOTNOTES

1 In violation of LR83.6(b), Robin R. Horner filed Plaintiff's opposition and supporting

documents on February 28, 2011, even though (1) Dexter K. Kaiama and Keoni K. Agard,

Plaintiff's attorneys of record, had not moved to withdraw for good cause and (2) the

Court had not granted leave for Horner to be substituted as attorney of record. Ultimately,

on March 3, 2011, Horner filed a proposed order allowing for the withdrawal of Plaintiff's

initial counsel and the appearance of Horner as substitute counsel. Doc. No. 25. Judge

Kobayashi signed the proposed order on March 7, 2011. Doc. No 26.

2 The docket indicates that New Century and MERS [*3] have not been served with a

summons and a copy of the Complaint. The Court will issue a separate Order To Show

Cause why the claims against these defendants should not be dismissed without prejudice

pursuant to Fed. R. Civ. P. 4(m).

At the March 21 hearing, the Court pointed out that New Century appears to be in

bankruptcy, and it invited supplemental briefing as to whether such bankruptcy affects the

Court's ability to now rule on the instant motion. See 11 U.S.c. § 362(a) (providing that a

Chapter 11 bankruptcy petition stays "commencement or continuation, including the

issuance or employment of process" of an action against a debtor based on prepetition

claims). Plaintiff thereafter filed a supplemental brief arguing that the Court cannot now

rule on the Motion, and should instead stay the instant matter in its entirety, because New

Century is a required party under Fed. R. Civ. P. 19(a)(l) that is and has been absent

from this case. Doc. No. 38. Wells Fargo filed a supplemental brief arguing that the Court

can now rule on the Motion because (1) New Century no longer has any interest in the

Note, Mortgage, or Property, (2) the Motion does not seek judgment of any kind against

New [*4] Century, and (3) on September 3, 2008, the court overseeing New Century's

bankruptcy filed an order terminating the automatic stay with respect to any interest in

2

real property that is, or in the past has been, deemed to be property of New Century

("9/3/08 Termination Order"). Doc. No. 36; see also Doc. No. 35 (9/3/08 Termination

Order and request for judicial notice of that order).

In light of the 9/3/08 Termination Order, which the Court takes judicial notice of, and

which was filed before Plaintiff filed his Complaint, New Century's bankruptcy clearly does

not preclude the Court from now ruling on the instant motion. In particular, the 9/3/08

Termination Order provides that the automatic stay and/or any injunction(s) triggered by

New Century's bankruptcy "are terminated[] with respect to any interest in real property

which may now be or some time in the past have been deemed to be property of [New

Century] ('Real Property'). Any party is hereby permitted to exercise its rights, if any,

under applicable non-bankruptcy law against any Real Property .... " 9/3/08 Termination

Order at 2. It also provides that "[t]he relief granted in this order shall apply without

further order of [*5] the Court. Any party seeking to exercise its non-bankruptcy rights

and remedies against Real Property shall not file a motion for relief from the automatic

stay .... " Id. at 3. Accordingly, New Century's bankruptcy has not prevented Plaintiff

from serving New Century with the Complaint or otherwise pursuing its claims against this

defendant. The Court will now rule on the instant motion; it is unnecessary for the Court

to reach Plaintiff's argument that New Century - a named defendant who has not been

served - is a required party under Fed. R. Civ. P. 19 or Wells Fargo's alternative

arguments.

FACTUAL BACKGROUND3

FOOTNOTES

3 The facts as recited in this Order are for the purpose of disposing of the instant motion,

and are not to be construed as findings of fact that the parties may rely on in future

proceedings in this case.

On April 4, 2006, Plaintiff purchased real property located at 8 Magnolia Street, Wallace,Hawai'i, 96793 ("Property"), executing and delivering an Adjustable Rate Balloon Note

3 Exf-t J (61 t 6-lu

jCase 10-17456-MM13 Filed 04/11/11 Doc 48 Pg. 1 of 16

WRITTEN DECISION - FOR PUBLICATION

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF CALIFORNIA

1

2

3

4

5

6

7

8

9

10

11

12

13 Inre:

14 ELEAZAR SALAZAR,15

16 Debtor,

17

18 U.S. BANK NATIONAL ASSOCIATION, asTrustee for the C-BASS Mortgage Loan Asset-

19 Backed Certificates, Series 2006-CB2, itsassignees and/or successors,

20

21Movant,

22 ELEAZAR SALAZAR, Debtor; DAVID L.SKELTON, Chapter 13 Trustee,

23Respondents,

24

25

26

27

281

MEMORANDUM DECISION

ENTERED~~~~

APR 11 2011

) BANKRUPTCY NO: 10-17456-MM13))))))))))))))))))))

CHAPTER: 13

MEMORANDUM DECISION RE MOTIONFOR RELIEF FROM AUTOMATIC STAY

RS #RVP-l

DATE:TIME:CRTRM:

1125/1111:00 a.m.1

mDGE: Margaret M. Mann

Case 10-17456-MM13 Filed 04/11/11 Doc 48 Pg. 2 of 16

1 US Bank National Association ("US Bank"), Trustee for the C-BASS Mortgage Loan Asset-

2 Backed Certificates, Series 2006-CB2, nonjudicially foreclosed on the residence of Debtor Eleazar

3 Salazar ("Salazar"), by exercising the power of sale under the deed of trust. At the time it foreclosed,

4 US Bank was not the original beneficiary of record, and it had not recorded an assignment of the deed

5 of trust conveying to it an interest in the deed of trust.

6 After the foreclosure, two lawsuits were filed in state court: Salazar filed to invalidate the

7 foreclosure sale and to seek damages against US Bank and other parties,' and US Bank filed to regain

8 possession of the residence through an unlawful detainer action against Salazar. The unlawful detainer

9 suit was on the verge of trial when Salazar filed his chapter 13 bankruptcy case.

10 In his bankruptcy, Salazar seeks to reinstate US Bank's loan against his residence and cure the

11 default, and US Bank seeks relief from stay in the bankruptcy to proceed with its unlawful detainer

12 action.i Salazar opposes stay relief, arguing US Bank does not have standing to seek relief from stay

13 because the foreclosure sale was defective, due to US Bank's failure to record an assignment of its

14 interest before foreclosures as required by California Civil Code section 2932.5.3 US Bank responds

15 that Civil Code section 2932.5 is not applicable to its deed of trust, and MERS' status as the original

16 beneficiary of the deed of trust obviated the recording of the assignment to US Bank.

17 While US Bank meets the minimal test for standing to seek relief from stay, Salazar's

18 foreclosure sale challenge must still be addressed to resolve the merits of US Bank's relief from stay

19 motion. Relying upon controlling California statutory and decisional authority, the Court concludes

20 MERS' original involvement in this loan does not provide talismanic protection against US Bank's

21 foreclosure deficiencies. US Bank's failure to record its beneficiary status before foreclosure left

22 Salazar with equitable title to his residence. Although this equitable title must be finally established in

23

24 The foreclosure suit was removed to district court, which was remanded to state court after thefederal claims were dismissed.

25 2The Court has subject matter jurisdiction over this proceeding pursuant to 28 U.S.C. § 1334 (2010).

26 This is a core proceeding under 28 U.S.C. § lS7(bX2)(G) (2010).

27 3 All statutory references hereafter are to California Codes unless otherwise specified.

28

~~~ __ 2 __ EX_· _H~IMEMORANDUM DECISION

Case10-17456-MM13 Filed 04/11/11 Doc48 Pg.30f16

1 an adversary proceeding rather than a relief from stay motion, Salazar has demonstrated a prima facie

2 case that the foreclosure sale was void. Salazar thus has a significant property interest entitled to

3 protection by the automatic stay, and the Court denies relief at this time.

4 I. BACKGROUND

5 Accredited Home Lenders, Inc. ("Accredited") made a loan ("Loan") to Salazar in October 2005

6 secured by his residence located at 1268 Emerald Way, Calexico, California ("Property"). Salazar

7 executed a promissory note ("Note") to Accredited to document the Loan. To secure the Loan, Salazar

8 executed a four party deed of trust ("DOT") among Salazar as "Borrower", Accredited as "Lender,"

9 Chicago Title Company as trustee, and MERS as beneficiary.

10 Under the DOT, the Lender's rights regarding the Loan are pervasive. The Lender is entitled to

11 receive all payments under the Note and to enforce the DOT, including the exclusive right to conduct a

12 nonjudicial foreclosure."

13 MERS has none of these rights under the DOT,s and is not even mentioned in the Note. MERS

14 is not given any independent authority to enforce the DOT under its terms and MERS' status as

15 beneficiary under the DOT is only "nominal." While the Borrower acknowledges in the DOT that

16 MERS can exercise Lender's rights as "necessary to comply with law or custom, ,,6 this

17

184 Under the DOT, the Lender has the exclusive right to: "(i) the repayment of the Loan, and all

19 renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenantsand agreements under this Security Instrument and the Note." In addition, under the covenants executed

20 between Lender and Salazar, Lender is granted exclusive authority to accelerate repayment, "give notice21 to Borrower prior to acceleration," and "invoke the power of sale" through written notice to the Trustee

in the event of default, and appoint successor trustees. DOT at pp. 3, 13.

225 The DOT defines MERS as a "separate corporation that is acting solely as a nominee for Lender

23 and Lender's successors and assigns. II The DOT states, "MERS is the beneficiary under this SecurityInstrument." DOT at p. 2.

246 The DOT on page three in the description of collateral section, provides that "Borrower understands and

25 agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, ifnecessary to comply with law or custom, MERS (as nominee of Lender and Lender's successors and assigns) has

26 the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell theProperty; and to take any action required of Lender including, but not limited to, releasing or cancelling this

27 Security Instrument." DOT at p. 3 (emphasis added).

28 H-~3MEMORANDUM DECISION

.1

Case 10-17456-MM 13 Filed 04/11/11 Doc 48 Pg. 4 of 16

1 acknowledgement is not accompanied by any actual allocation of authority to nonjudicially foreclose

2 on the DOT; nor is such authority allocated in any other document in the record.

3 After Salazar defaulted under the Loan, foreclosure proceedings were instituted. In June 2009,

4 MERS signed a substitution of trustee. Whether MERS retained any interest in the Loan after this time

5 is not clear. Both Litton Loan Servicing, LP ("Litton") and Quality Loan Service Corp. ("Quality")

6 were at different times identified as the party that Salazar should contact with questions about the

7 foreclosure. MERS had no apparent role in the foreclosure sale held on December 7, 2009, which was

8 largely run by Litton and Quality based upon the documents in the record. When the Trustee's Deed

9 Upon Sale ("Trustee's Deed") was recorded on December 14,2009, US Bank was identified as the

10 "foreclosing beneficiary," not MERS. While US Bank has presented evidence that the Note was

11 endorsed in blank, no evidence was offered as to when US Bank was assigned Accredited's interests as

12 Lender in the Note and DOT, and no assignment to US Bank of the beneficial interest in the DOT

13 appears in the public records.

14 While some of the foreclosure claims were pending in district court, the unlawful detainer

15 action came on for trial in state court on September 1,2010, and was continued to October 1,2010.

16 This bankruptcy case was filed the day before the continued trial, which stayed the unlawful detainer

17 action. US Bank then filed this relief from stay motion ("Motion") on October 26, 2010, which was

18 heard on November 23,2010, continued to January 11,2011, and continued again to January 25,2011

to allow for the submission of evidence and additional briefmg.19

II.20

21

ANALYSIS

To determine whether to grant US Bank's Motion, the Court must first decide whether US Bank

has standing to bring it. The Court must then address the merits of the Motion, which will require22

consideration of whether Salazar retains any interest in the Property that is necessary for an effective23

reorganization, and whether allowing the unlawful detainer action to proceed in state court will promote24

the efficient administration of the bankruptcy and limit prejudice to the parties.25

A. Standing26

27Due to the limited scope and expedited nature of a relief from stay proceeding, the standing

requirement is not difficult to meet. Section 362(d) of the Bankruptcy Code provides that stay relief28

4 txMEMORANDUM DECISION


111may be granted to a "party in interest," and any party affected by the stay should be entitled to seek

211relief. 3 Collier on Bankruptcy ~ 362.07[2] (3d ed. rev. 2010). In the Ninth Circuit, challenges to

311secured claims are typically resolved in plenary proceedings. Johnson v. Righetti (In re Johnson), 756

411F.2d 738, 740 (9th Cir. 1985) (liThe validity of the claim or contract underlying the claim is not

511litigated during the hearing."), overruled on other grounds by Travelers Cas. & Sur. Co. v. Pac. Gas &

611Elec. Co., 549 U.S. 443 (2007); Biggs v. Stovin (In re Luz Int'!), 219 B.R. 837,841-42 (B.A.P. 9th Cir.

7111998). Even so, the moving party must establish a prima facie case of its claim or rights against a

811debtor or its estate to seek relief from stay. In re Bialac, 694 F.2d 625, 627 (9th Cir. 1982); In re Aniel,

911427 B.R. 811, 816 (Bankr. N.D. Cal. 2010).

1011 A prima facie case of standing requires the moving party demonstrate an undisputed interest in

1111the bankruptcy case that is hindered by the automatic stay. Standing is lacking where a secured creditor

1211cannot present the rudimentary elements of its claim. In re Gavin, 319 B.R. 27, 32 (B.A.P. 1st Cir.

13112004) (holding the moving party could not trace the chain oftitle through valid endorsements); In re

1411Wilhelm, 407 B.R. 392, 398 (Bankr. D. Idaho 2009)("each Movant must show that it has an interest in

1511the relevant note, and that it has been injured by debtor's conduct"). If the moving party has a right to

1611assert a claim, even though the claim is disputed, standing to seek stay relief may be found. Brown

1711Transp. Truckload v. Humboldt Express, 118 B.R. 889, 893 (Bankr. N.D. Ga. 1990) (finding the non-

1811creditor had standing for stay relief to pursue action against debtor in another forum); In re Vieland,41

19 B.R. 134, 139 (Bankr. N.D. Ohio 1984) (purchaser at ajudicial foreclosure sale acquired some interest

20 in debtor's property and was a party in interest).

2111 US Bank is the record title owner of the Property under the recorded Trustee's Deed, even if the

2211foreclosure sale was invalid. US Bank therefore has standing to seek relief from stay. Even though US

2311Bank has established a prima facie case of standing, however, the Court must still determine if US

2411Bank's foreclosure sale was valid to rule on the merits of the Motion.

2511 B. Salazar's Property Interest in the Residence

2611 Whether Salazar may retain valuable equitable title in the Property despite the foreclosure sale

2711is critical to the Motion. McCarthy, Johnson & Miller v. North Bay Plumbing, Inc. (In re Pettit), 217

28

5 ~x H~4MEMOAANDDM DECISION

Case10-17456-MM13 Filed 04/11/11 Doc 48 Pg.6of16

1 F.3d 1072, 1077 (9th Cir. 2000) (whether debtor retained a property interest in registry funds

2 determined whether stay applied). To decide the Motion, the Court must evaluate whether Salazar has

3 equity in the Property necessary for an effective reorganization and whether cause exists to grant relief

4 to US Bank. Bialac, 694 F.2d at 627 (nit was within the bankruptcy court's discretion to consider the

5 construction of the note's payment terms in the § 362(d) proceeding if they were important to the issue

6 of valuation"); In re Bebensee-Wong, 248 B.R. 820,823 (B.A.P. 9th Cir. 2000) (court first determined

7 whether the trustee's deed after foreclosure was timely recorded; since foreclosure sale was valid, relief

8 from stay was granted to allow unlawful detainer action to proceed); cf In re Hoopai, No. 04-02511,

9 2005 U.S. Dist. LEXIS 42760, at *11-* 15 (D. Haw. 2005) (relief from stay denied to foreclosing

10 creditor because the property might have value to the estate).

11 If US Bank's foreclosure sale was invalid, Salazar has an interest in the Property which militates

12 in favor of continuing the stay. If US Bank was not authorized to foreclose the DOT under Civil Code

13 section 2932.5, the foreclosure sale may be void, and Salazar would not need to tender the full amount

14 of the Loan to set aside the sale. Bank of America, N.A. v. La Jolla Group II, 129 Cal. App. 4th 706,

15 710, 717 (5th Dist. 2005) (void foreclosure sale required rescission of trustee's deed returning title to

16 the status quo prior to the foreclosure sale); Dimockv. Emerald Properties, 81 Cal. App. 4th 868,874

17 (4th Dist. 2000) (sale under deed of trust by former trustee void, and tender of the amount due is

18 unnecessary). In this event, Salazar could potentially restructure the Loan and reorganize his financial

19 affairs in his chapter 13 case. The Court emphasizes however, that US Bank's defenses to Salazar's

20 Civil Code section 2932.5 claim must be resolved either in state court or in another proper proceeding

21 as these defenses are not before the Court.

1. Assignments Must be Recorded Before Foreclosure22

23 US Bank, as the foreclosing beneficiary and assignee of Accredited's interest in the Loan, had to

24 meet both requirements of Civil Code section 2932.57 for the foreclosure to be valid. Under that

2511---------------------26

27

28

7 Civil Code section 2932.5 provides:

Where a power to sell real property is given to a mortgagee,or other encumbrancer,inan instrumentintendedto securethe paymentof money, the power is part of the securityand vests in any person who by assignmentbecomes entitledto paymentof the money

EX6MEMORANDUM DECISION

Case 10-17456-MM13 Filed 04/11/11 Doc48 Pg. 7 of 16

111statute. First, US Bank had to be entitled to payment of the secured debt. Civ. Code § 2932.5; see also

211Civ. Code § 2936 (Deering 2010); Comm. Code § 9203(a), (g) (Deering 2011); Carpenter v. Longan,

31183 U.S. 271,274 (1872) (the assignment of the note carries the mortgage with it); Polhemus v. Trainer,

4//30 Cal. 686, 688 (1866) (the mortgage always abides with the debt). US Bank claims to be the holder

511of the Note, which was endorsed in blank by Accredited, and US Bank's status as holder of the Note

6 meets the first requirement of Civil Code section 2932.5.

7 Second, Civil Code section 2932.5 also requires that US Bank's status as foreclosing beneficiary

8 appear before the sale in the public record title for the Property. This second requirement was not met.

9 US Bank offers two primary reasons why a recorded assignment of the DOT is unnecessary: (1) Civil

10 Code section 2932.5 applies to mortgages, and not to its DOT; and (2) MERS' recorded interest as the

11 nominal beneficiary was sufficient to satisfy Civil Code section 2932.5, particularly since the transfer

12 by Accredited to US Bank could be tracked in the publicly accessible MERS system.

13 The Court's analysis leads it to conclude that Civil Code section 2932.5 requires US Bank's

1411assigned beneficial interest be recorded despite MERS' initial role under the DOT, and that the statutory

15 foreclosure scheme trumps MERS' proposed alternative system.

2. Civil Code Section 2932.5 Applies to Deeds of Trust16

17In claiming Civil Code section 2932.5 does not apply to its DOT, US Bank relies on Caballero

18 v. Bank of America, No. IO-CV-02973, 2010 U.S. Dist. LEXIS 122847, at *8 (N.D. Cal. 2010) (citing

19 Stockwell v. Barnum, 7 Cal. App. 413, 416-17 (2d Dist. 1908)), Roque v. Suntrust Mortg., Inc., No. C-

20 09-00040,2010 U.S. Dist. LEXIS 11546, at *7 (N.D. Cal. 2010), and Parcray v. Shea Mortg., Inc., No.

2111CV-F-09-1942, 2010 U.S. Dist. LEXIS 40377, at*32 (E.D. Cal. 2010).8 These cases note that Civil

22

23securedby the instrument.The power of sale may be exercised by the assignee if theassignment is duly acknowledged and recorded.

2411Civ. Code § 2932.5 (Deering2011) (emphasis added).

25118 Despite its respect for these decisions,this Court is not bound by them. State Compensation Ins.Fund v. Zamora (In re Silverman), 616 F.3d 1001, 1005(9th Cir. 2010). While the Ninth Circuit reserved the

2611issue of whether bankruptcycourts are bound by district court decisionswithin the districtwhere theIIbankruptcycourt sits, it recognizedthat such a requirement "couldcreate the same problemof subjecting

27 bankruptcycourts to a non-uniformbody of law." Id.

28 £K H-'07MEMORANDUM DECISION


111Code section 2932.5 mentions only assignees of mortgage interests, whereas in those cases, and here,

2 the instrument foreclosed upon was a deed of trust.

3 Historically, a technical distinction existed between deeds oftrust and mortgages. For deeds of

411trust, title vested in the trustee. For mortgages, title remained with the mortgagors. This distinction,

5 however, has been determined to be obsolete. Bank of Italy Nat. Trust & Sav. Assn. v. Bentley, 217

6 Cal. 644, 656 (1933) (legal title under a deed of trust, though held by the trustee to the extent necessary

711for execution of the trust, does not carry any "incidents of ownership of the property"); Yulaeva v,

8 Greenpoint Mortg. Funding, Inc., No. S-09-l504, 2009 U.S. Dist. LEXIS 79094, at *4 (E.D. Cal. Sept.

9 3,2009) (citing 4 B.E. Witkin, Summary of California Law, ch. VIII, § 5 (10th ed. 2005»; N Brand

10 Partners v. Colony GFP Partners, L.P. (In re 240 N Brand Partners), 200 B.R. 653, 658 (B.A.P. 9th

1111Cir. 1996) (liThe terminology creates a difference without distinction."); see also 1 Roger Bernhardt,

1211 California Mortgages, Deeds of Trust, and Foreclosure Litigation, § 1.35 (4th ed. 2009); 4 Harry D.

1311Miller & Marvin B. Starr, Miller and Starr California Real Estate, § 10:1 n. 9 (3d 2010) (citing

1411 Domarad v. Fisher & Burke, Inc., 270 Cal. App. 2d 543,553 (1st Dist. 1969» (mortgages and deeds of

1511trust have the same effect and economic function and are "subject to the same procedures and

1611limitations on judicial and nonjudicial foreclosure")."

17 The outdated distinction between mortgages and deeds of trust is especially moribund in the

18 context of borrower's rights in the nonjudicial foreclosure context, such as the borrower rights protected

1911by Civil Code section 2932.5. Bank of Italy, 217 Cal. at 658 ("[I]mportant rights and duties of the

2011parties should not be made to depend on the more or less accidental form of the security."); Dimock, 81

2111Cal. App. 4th at 877 ("[The title distinction] has been ignored in order to afford borrowers with the

2211protection provided to mortgagors. "). Civil Code section 2932.5 protects borrowers from confusion as

2311to the ownership of their loans. Stockwell, 7 Cal. App. at 416-17; Bank of America, 129 Cal. App. 4th

249 The two other historical distinctionsbetweenmortgagesand deeds of trust identified in Bank of Italy,

2511217Cal. at 656, are also defunct. Both mortgages and deeds of trusts are now subjectto time limitationsonenforcementunder sections880.020-887.09of the MarketableRecordTitle Act. Civ. Code §§ 880.020-887.09

2611(Deering2011). Bernhardt,supra, § 1.35. In addition,Code of Civil Procedure section 729.010now providesIIfor a right of redemptionfollowingajudicial sale under either a mortgageor a deed of trust. Civ. Proc. §

27 729.010(Deering2011).

28 Ex H-78MEMORANDUM DECISION

Case 10-174S6-MM13 Filed 04/11/11 Doc 48 Pg. 9 of 16

1 at 712 (citing 4 Harry D. Miller & Marvin B. Starr, Miller and Starr California Real Estate, § 10:123

2 (3d ed. 2003)) ("Statutory provisions regarding the exercise ofthe power of sale provide substantive

3 rights to the trustor and limit the power of sale for the protection of the trustor. "); see also Civ. Code§§

4 2935-2937 (Deering 2010) (providing requirements for the transfer of interests of indebtedness on

5 residential real property that put borrower on notice). Civil Code section 2932.5 must therefore be

6 applied to deeds of trust to ensure trustors are provided the same protection as mortgagors under

7 California law.

8 The borrower concern addressed by Civil Code section 2932.5-that it be able to identify the

9 assignee of its loan-is more exigent, not less, than it was during the Great Depression, when Bank of

10 Italy was decided. Problems with the residential mortgage foreclosure process have been widely

11 chronicled. See Katherine Porter, Misbehavior and Mistake in Bankruptcy Mortgage Claims, 87 Tex.

12 L. Rev. 121, 148-49 (2008), cited in Ameriquest Mortg. Co. v. Nosek (In re Nosek), 609 F.3d 6,9 (1st

13 Cir. 2010) (noting mortgage holders and servicer's "(c)onfusion and lack of knowledge, or perhaps

14 sloppiness, as to their roles is not unique in the residential mortgage industry"); Andrew J. Kazakes,

15 Developments in the Law: the Home Mortgage Crisis, 43 Loy. L.A. L. Rev. 1383, 1430 (2010) (citing

16 David Streitfeld, Bank of America to Freeze Foreclosure Cases, N.Y. Times, Oct. 2, 2010, at B1)

17 (explaining that after publication of Katherine Porter's study several Banks froze foreclosures); Eric

18 Dash, A Paperwork Fiasco, N.Y. Times, Oct. 23,2010, at WK5 (reporting the repeal of the initial

19 freeze and the problems banks faced in clearing up foreclosure paperwork); Office of the Special

20 Inspector General for the Troubled Asset Relief Program, Quarterly Report to Congress 12 (Jan. 26,

21 2011), available at http://www.sigtarp.gov/ (follow link for "Quarterly Report to Congress").

22 Specifically in the context of loan assignments, there are "serious distributional consequences to all

23 parties in a bankruptcy if a mortgagee cannot prove it holds a valid security interest." See Porter,

24 supra, at 148-49.

25 Because controlling Supreme Court authority requires this Court to enforce statutory borrower

26 protections regardless of whether nonjudicial foreclosure is sought under a mortgage or a deed of trust,

27 the Court must conclude Civil Code section 2932.5 applies to US Bank's DOT here.

28

9MEMORANDUM DECISION·

Case10-17456-MM13 Filed 04/11/11 Doc48 Pg.10of16

3. Recorded Assignment Necessary Despite MERS' Role1

211 US Bank also claims MERS' status as nominal beneficiary under the DOT obviated the

311recording of the assignment of the DOT under Civil Code section 2932.5. This claim fails because

411MERS was not the beneficiary at the time of the foreclosure here, even if it was initially the nominal

511beneficiary under the DOT. The DOT also does not grant MERS any authority apart from the nominal

611role.

711 The recitals in the Trustee's Deed identify US Bank alone as the foreclosing beneficiary, and

811this recital provides "prima facie evidence of the truth of the statements." DOT at ~ 22.10 See also

911Bank of America, 129 Cal. App. 4th at 831-32 (recitals in a trustee's deed create a presumption of the

1011truth of the statements); Dimock, 81 Cal. App. 4th at 877 (deed of trust may authorize that recitals shall

1111be conclusive proof of the truthfulness of the fact). Even though MERS was the beneficiary at the time

1211of inception, it was not so at the time of the foreclosure. In part due to this factual distinction, this

1311Court is not bound by Gomes v. Countrywide Home Loans, Inc., 192 Cal. App. 4th 1149, 1151-58 (4th

1411Dist. 2011), or Pantoja v. Countrywide Home Loans, Inc., 640 F. Supp. 2d 1177, 1188 (N.D. Cal.

15112009).

1611 In Gomes, the Court of Appeal held Civil Code section 2924(a)(1) does not establish a cause of

1711action to permit a borrower to test MERS' authority to initiate a nonjudicial foreclosure, where there is

1811no specific factual basis to challenge this authority. Civil Code section 2924(a)(l) permits an array of

1911authorized parties to take the steps to initiate foreclosure, including the trustee, beneficiary and their

2011authorized agents. Gomes, 192 Cal. App. 4th at 1156. Neither Gomes nor Civil Code section

21112924( a)(I), applies to the questions here: Whether US Bank as Accredited's assignee has authority to

2211foreclose. This issue is instead addressed by Civil Code section 2932.5. In fact, Gomes specifically

2311declined to decide the outcome where the facts demonstrated "the wrong party initiated the foreclosure

2411process." Id. at 1155 (distinguishing Weingartner v. Chase Home Finance, LLC, 702 F.Supp.2d 1276

25

261110 Paragraph22 of the DOT, which providesfor the Lender's Accelerationand Remedies, includesII the following: 'The recitals in the Trustee'sdeed shall be prima facie evidenceof the truth ofthe

27 statementsmade therein." DOT at p. 13.

2811 EX B-Cl10 . 1

MEMORANDUM DECISION

Case10-17456-MM13 Filed 04/11/11 Doc48 Pg.11of16

1 (D. Nev. 2010) (trustee was not the trustee at the time of the nonjudicial foreclosure); Castro v.

2 Executive Trustee Services, LLC, No. CV-08-2156-PHX-LOA, 2009 U.S. Dist. Lexis 14134 (D. Ariz.

3 Feb. 23, 2009) (foreclosing party was not the holder of the note); Ohlendorfv. American Home

4 Mortgage Servicing, No. CIV. S-09-2081 LKKlEFB, 2010 U.S. Dist. Lexis 31098 (E.D. Cal. Mar. 31,

5 2010) (recordation of assignments with backdated effective dates may taint the notice of defaultj)."

6 Gomes thus left open the situation here, where US Bank conducted the nonjudicial foreclosure as

7 beneficiary, but a different party, MERS, was the beneficiary of record.

8 Gomes also relied upon the borrower's acknowledgement ofMERS' authority to foreclose as

9 nominal beneficiary. Gomes, 192 Cal. App. 4th at 1157-58; see also Pantoja, 640 F. Supp. 2d at 1189-

10 90. Even if US Bank had not replaced MERS as the foreclosing beneficiary by the time of the

11 foreclosure here, MERS still had no authority to nonjudicially foreclose under Salazar's DOT under its

12 express terms. The Lender, not MERS, had the right to "invoke the power of sale" under the DOT, ~

13 22, here. This acknowledgement ofMERS' authority also did not extend so far as to permit it to

14 foreclose. Salazar's acknowledgement was limited to the situation where MERS' enforcement actions

15 were "necessary to comply with law or custom" (emphasis added). Whatever "necessary to comply

16 with law or custom" means, and there is no evidence in the record to explain it, it should not mean that

17 US Bank or MERS can contract away their obligations to comply with the foreclosure statutes.V

18 Salazar's acknowledgment could also not be interpreted as an enforceable waiver of his right as

19 borrower under Civil Code section 2932.5 to be informed of the identity of the assignee. The

20 acknowledgement fails to meet the stringent test for waivers of residential borrower protections in the

21

22 11 This Court is, in any event, not bound by the Gomes decisionbecause it believes the CaliforniaSupremeCourt would have followed its decision in Polhemus v. Trainer, 30 Cal. at 688, as well as the

23 statutoryrequirementsof Civil Code sections2932.5, 2936, and CommercialCode sections9203(a)-(g),and found that Civil Code section2932.5 must be compliedwith despite any designationofMERS as a

24 nominal beneficiary in the DOT. See Vestar Dev. Il, LLC v, Gen. Dynamics Corp., 249 F.3d 958, 960(9th Cir. 2001) (a federal court, in determininghow the high court would rule, must consider

25 "intermediateappellatecourt decisions, decisionsfrom otherjurisdictions, statutes,treatises, andrestatementsas guidance,"and follow an appellate decisiononly if there is no convincingevidencethat

26 the state supremecourt would decide differently).

27 12 MERS was not the payee of the secureddebt, and thus could not satisfy the first requirementof28 Civil Code section2932.5 in any event.

11 EX t-t--.( DMEMORANDUM DECISION


111foreclosure context. Under Cathay Bank v. Lee, 14 Cal. App. 4th 1533, 1539 (4th Dist. 1993), a waiver

211of borrower protections must be specific and explain the substance of the statutory rights at issue. In

311 Cathay Bank, id., the court refused to enforce language of a deed of trust authorizing the lender to

411exercise the power of sale, because it served to waive the guarantor's defense to the deficiency claim. 13

511 See also Miller v. United States, 363 F. 3d 999, 1006 (9th Cir. 2004); Hoffman v. Blum, No. C06-2416

611MHP, 2008 U.S. Dist. LEXIS 7643, at *8 (N.D. Cal. 2008) ("any waiver of an important statutory right

711must be knowing and intelligent"); DeBerard Properties v. Lim., 20 Cal. 4th 659,670 (1999) (borrower

811protection foreclosure provision in Code of Civil Procedure section 580(b) cannot be waived even

911though it is not included in the list of non-waivable foreclosure provisions detailed in Civil Code

1011section 2953).

1111 As a matter of fact, US Bank did not rely on MERS to nonjudicially foreclose on Salazar's

1211residence here. As a matter oflaw, Salazar's acknowledgment cannot be read as a waiver of his right to

1311be informed of a change in beneficiary status. For both of these reasons, Gomes, 192 Cal. App. 4th at

14111157-58, is distinguishable.

15 4. MERS System is not an Alternative to Statutory Foreclosure Law

1611 The Court also rejects US Bank's invitation to overlook the statutory foreclosure mandates of

1711California law, and rely upon MERS as an extra-judicial commercial alternative. 14 The full scope of

1811California's nonjudicial foreclosure law, found at Civil Code sections 2020-2955, exhaustively covers

1911every aspect of the real estate foreclosure process and must be respected. f E. Associates v. Safeco

2011 Title Ins. Co., 39 Cal. 3d 281,285 (1985) (refusing to supplement the notice requirements found in

2111Civil Code section 2924); Dimock, 81 Cal. App. 4th at 874 (holding a sale under a deed of trust by

221Iformer trustee void as failing to comply with Civil Code section 2934); Moeller v. Lien, 25 Cal. App.

23 .. 13Cathay Bank's holding, 14Cal. App. 4th at 1539,was later limitedby legislationto commercial

2411transactions.Civ. Code § 2856(e). However, it is still relevant for consumertransactions involvingborrowers'residences such as the one before the Court.

2514 The Court notes that circumventingthe public recordationsystem is, in fact, the purpose for which the

2611MERS systemwas created. Merscorp, Inc. v. Romaine, No. 179,2006NY Slip Op. 9500, slip op. 6 (Ct. ofIIAppeals 2006). Creationof a private system,however, is not enforceableto the extent it departs from

27 California law.

28 Ex H -II12MEMORANDUM DECISION


1 4th 822, 834 (1994) (holding Civil Code section 2924 includes a myriad of rules relating to notice and

2 right to cure, but no relief from forfeiture under Civil Code section 3275). To overlook statutory

3 foreclosure requirements would require legislative action, of which the Court is not capable. Westside

4 Apts., LLC v. Butler (In re Butler), 271 B.R. 867, 873 (Bankr. C.D. Cal. 2002). This Court instead

5 joins the courts in other states that have rejected MERS' offer of an alternative to the public recording

6 system. In re Agard, No. 1O-77338-reg, 2011 Bankr. LEXIS 488, at *58-*59 (Bankr. E.D.N.Y. Feb.

7 10,2011); In re McCoy, No. 10-63814-fra13, 2011 Bankr. LEXIS 534, at *10 (Bankr. Or. Feb. 7,

8 2011); MERS v. Saunders, 2 A.3d 289, 295 (Me. 2010); LaSalle Bank NaI'l Ass Inv. Lamy, No.

9 03004912005,2006 NY Slip Op 51534U, slip op. 2 (N.Y. Sup. Ct. 2006).

10 US Bank as the foreclosing assignee was obligated to record its interest before the sale despite

11 MERS' initial role under the DOT, and this role cannot be used to bypass Civil Code section 2932.5.

12 Since US Bank failed to record its interest, Salazar has a valid property interest in his residence that is

13 entitled to protection through the automatic stay.

14 c. Cause Does Not Exist to Grant Relief from Stay

15 US Bank seeks relief from stay on two statutory grounds: 11 U.S.c. § 362(d)(I) (2011) (cause,

16 including-Iack of adequate protection of an interest in property), and 11 U.S.C. § 362(d)(2) (2011) (lack

17 of equity and property not necessary for an effective reorganization). Whether the stay should be lifted

18 to permit the unlawful detainer litigation to proceed in state court under 11 U.S.C. §§ 362(d)(I) and (2)

19 requires consideration of the following factors: effective administration of the estate, avoiding

20 prejudice to the parties, and promoting judicial economy. Benedor Corp. v. Conejo Enters. (In re

21 Conejo Enters.), 96 F.3d 346, 352 (9th Cir. 1996) (affirming the bankruptcy court's refusal to lift the

22 stay to allow state court litigation to proceed because maintenance of the stay promoted judicial

23 economy by minimizing duplicative litigation and advanced the efficient administration of the estate);"

24 In re Kronemyer, 405 B.R. 915, 921 (B.A.P. 9th Cir. 2009).

25 IS Whether the bankruptcy court should abstain from deciding state law issues pending in animminent state.court trial was previouslydeterminative in the stay relief context. In re TucsonEstates,

26 Inc., 912 F.2d 1162, 1166 (9th Cir. 1990). After the statutory changes in 28 U.S.C. § 1334(c)(2) and 28US.C. § 1334(d), the Ninth Circuit in Conejo, 96 F.3d at 352 clarified that so long as the record supports

27 discretion exercised by the bankruptcy court in denying relief from stay, this factor is no longerdeterminative.

28

13 ExMEMORANDUM DECISION

Effective Administration of the Estate


1.1

2 Maximizing the opportunities for reorganization of the estate is the most important factor in

3 determining whether to grant relief from stay to permit litigation in another forum to proceed. Conejo,

4 96 F.3d at 353. Salazar, in his chapter 13 case, seeks to regain title to the Property by invalidating the

5 foreclosure sale and curing the default on the Loan to US Bank. Salazar's reorganization could be

6 thwarted if the Court allows the foreclosure issues to proceed before it determines whether there is

7 equity in the Property, or whether Salazar can restructure US Bank's debt in his reorganization.

2. Prejudice to the Parties8

9 Denying relief from stay at this time is the least prejudicial option for both parties. Even if the

10 stay prohibits US Bank from regaining possession of the Property in the near term, that inconvenience

11 is appropriate because the foreclosure process was flawed. The Court has scheduled a further hearing

12 on relief from stay to determine the economic feasibility of Salazar's plan, and also to order that

13 adequate protection payments be made to US Bank to prevent diminution of the value of its collateral.

14 11 U.S.C. §§ 361, 363(e) (2011); United Sav. Ass'n of Texas v. Timbers of Inwood Forest Assocs., Ltd.,

15 484 U.S. 365, 370 (1988) (adequate protection payments can protect valid interests of creditors).

16In contrast, Salazar could be substantially prejudiced by loss of his property interest if the

unlawful detainer action proceeded even though the foreclosure sale may be void. Salazar has17

established a prima facie case of ownership of the Property, subject to whatever defenses US Bank18

might bring in the state court proceeding. These rights should be protected by the automatic stay,19

assuming US Bank's economic interests in the Loan are adequately protected.20

3. Considerations of Judicial Economy.21

22

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27

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Challenges to US Bank's foreclosure sale are simultaneously pending in state and bankruptcy

court, creating the potential for confusion and a waste of judicial resources. Even if not specifically

raised in the unlawful detainer proceeding, the validity of the foreclosure sale could be decided by

default. Cheney v. Trauzette, 9 Cal. 2d 158 (1937); Seidell v. Anglo-California Trust Co., 55 Cal. App.

2d 913,920 (3d Dist. 1942) (challenges to foreclosure sales are barred if not raised in unlawful detainer

action). Maintaining the automatic stay until the Court can hear US Bank defenses, and can assess

Salazar's reorganization prospects, preserves judicial resources.

EX H-1314MEMORANDUM DECISION


1 ID. CONCLUSION

2 Even though US Bank has standing to seek relief from stay as the record title owner of the

3 Property, Salazar currently has an equitable title interest for the automatic stay to protect. The Court

4 rejects the claim that MERS' limited role in the DOT provides it carte blanche authority over the

5 nonjudicial foreclosure process. To enable the bankruptcy and foreclosure issues between the parties to

6 be efficaciously addressed, the Court denies the Motion without prejudice. A status conference will be

7 held on this matter on April 21, 2011 at 2:00 p.m. in this Court to determine the amount of the adequate

8 protection payments to be provided to US Bank and to schedule necessary future proceedings

9 consistent with this ruling.

10 This Memorandum Decision will constitute the Court's findings of fact and conclusions of law.

11 Counsel for Salazar is directed to prepare an order in accordance with this Memorandum Decision

12 within ten (10) days of the date of entry.

13 IT IS SO ORDERED.

14

15

16Dated: April 11, 2011

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2815

MEMORANDUM DECISIONEx H-I~

,/1!.)JJ'JD&J ilIA ~V'-'~-----+MARGARE~ MANN, JUDGEUnited States Bankruptcy Court

"

Case: 10-16799 01/10/2011 Page: 28 of 78 ID: 7606770 DktEntry: 17

Case3:10-cv-00203-WHA Document2~Uflflf~~~/10 Page69 of 149.t\9~~LAW OFFICES OF LES ZIEVE ~;o:~~~:Jl~~~L~';~:RKp.I.,F.8ZIEVE, ESQ. #123319 NoRTHERN DISlRICT OFCAUFORNIA ~

18377 Beach Blvd. Suite 210 .Huntington Beach, CA 92648 Signed: January 26, 2010(714) 848-7920(714) 848·7650 Fax

6

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930000001.0RD/ALM

UNITED STATES ~ANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

Case: 09-04307 Doc# 52 Filed: S>!~W2:fllj6¥t9: 02/09/10 16:27:25 Page 3 of 5EOR26

'l~03229;1

Movant's Motion For Relief From the Automatic Slay came on for hearing at

the above-referenced time and place, the HONORABLE LESLIE TCHAIKOVSKY,

presiding. Movant appeared through its counsel. The debtor appeared on her own behalf. All

OIh<.7appearance. s, if any, were duly noted on the record ..

The Court, having considered the pleadings including the evidence attached

thereto and the arguments presented, makes its Order as follows:

2

3

4

5 Counsel for Movant

In re ))))))1>~))))))))))))))

BK. No. 09-46608

R.S. #LZ93001

CHAPTER 13

ORDER VACATING AUTOMATICSTAY

Date: January 8, 2010Time: 11:00 AMPlace: Courtroom 20J

l300 Clay StreetOakland, CA

13 Leslie Barnes Marks,Debtor(s).

14

Home 123 Corporation, its assignees and/orsuccessors in interest,

16

17

18

19

Movant,

VS.

. Leslie Barnes Marks.Martha G. Bronitsky, Trustee,

20

2t

22

Respondents.

23

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Case: 10-16799 01/10/2011 Page: 29 of 78 10: 7606770 OktEntry: 17

Case3:10-cv-00203-WHA Document24-1 FiledOS/14/10 Page70 of 146

03.2293 cJs2e~~~~&SOj!)~C#52 Filed: 02/08110 Entered: 02/09/10 16:27:25 pag~~~ ~7

IT IS HEREBY ORpElmD that the Autom~tic Stay in the above-entitled

Bankruptcy case is vacated and extinguished effective tmmediateJy for all purposes as to

Movant's interest in the subject property generally described as 3099 Suter Street, Oakland,

CaUforrua and speeifleally described in document number 2006122.~37t recorded Marcb 3D,. .

2~6, Alameda Coupty. California, Movan; may proceed with foreclosure of the subject

property in accordance with applicable state law. Movant may thereafter take any action

allowed by state law to obtain complete possession of the supject property.

IT IS FUltTHER ORDERED. Ulat with respect to the Chapter 13 Trustee.

the Automatic Stay in this case is vacated effective immediately regarding Movanfs interest in

the subject.property described.above, .. . ..... .-

IT IS FURTHEQ O~ERED that the 14 day stay set forth in FRBP 4001

(a)(3) is waived.

*** ~ND OF ORDER *"'*

93000000l.0RDIALM

relationships that WOIII

green treePO Box 6172

Rapid City. South Oakota 57709-6172

Tel 1-800-643-0202GTservlclng.com

. Leslie Barnes Marks3099 Suter StreetOakland, CA 94602

D~ Valued Customer:

Re: DB Structured Products, Inc. Mortgage Loan Account Number: 805904414)h.

On September 29! 2009, the creditor that is the owner of your above-referenced mortgage loan changedfrom DB Structured Products, Inc. to Green Tree SerVertis Acquisition LLC, and then immediatelychanged to U.S. Bank National Association ("U.S. Bank"), not in its individual capacity, but solely astrustee for SerVertis REO Pass-Through Trust I ("the Creditor). U.S. Bank may be reached at -1-800-934-6802, or write them at U.S. Bank Corporate Trust Services, 60 Livingston Avenue, EP-MN- WS3D. St.Paul, Minnesota, 55107-2292.. .

~ ..

The transfer of the ownership of your loan will be formally recorded in the real property records of thecounty in which your mortgage was originally recorded. A copy of the agreement pursuant to which the'loan was transferred to the new owner is maintained at Green Tree Servicing LLC ("Green Tree"), 300Landmark Towers. 345 St. Peter Street, St. Paul, MN 55102-1637 .

.This notice docs not change the address where you send your mortgage loan payments.

If you have any questions or desire to reach an agent or someone with authority to act on behalf of theCreditor, contact your loan servicer, Green Tree at 1-866-270-3285, from 6:00 a.m. to 7:00 p.m, MST,Monday through Thursday, or 6:00 am. to 12:00 p.m. MST, Friday and Saturday, or write them in regardto your loan at Customer Service, PO Box 6172, Rapid City, South Dakota 57709-6172.

Sincerely,

Green Tree

TInS INFORMATIONAL NOTICE IS NOT AN AITEMPT TO COLLECT A DEBT. IF YOU ARE INBANKRUPTCY OR YOUR LOAN WAS DISCHARGED IN BANKRUPTCY WITHOUT AREAl'rIRMATION, GREEN TREE IS NOT ATrEMPTING TO COLLECT .ORRECOVER ANYDEBT AS YOUR PERSONAL OBLIGAnON. . .

------~~~. ~.~.~-Green Tree Servicing LLC and. related entities, including. for certain loans, in Alabama, Green Tree-ALLLC; in Minnesota, Green Tree Loan Company; and in Pennsylvania, Green Tree Consumer DiscountCompany.

3 '. "J ,~!

relationships tnat work

green treePO Box 6172Rapid City, SD 57709-6172GTServicing.com

NOTICE OF ASSIGNMENT, SALE, OR TRAl"\JSFER OF SERVICING RIGHTSDecember 4, 2009

LESLIE B MARKS3099 SUTER STREETOAKLAND CA 94602

Dear Valued Customer:

Ocwen Account Number: 80590441New Green Tree Account Number: 896552569 ~

You are hereby notified that the servicing of your mortgage loan, that is, the right to collect payments from you, is beingassigned, sold or transferred from Ocwen Loan Servicing, LLC ("Ocwen") to Green Tree Servicing LLC ("Green Tree")"effective December 4,2009.

The assignment, sale, or transfer ofthe servicing of the mortgage loan does not affect any term or condition of the mortgageinstruments, other than the terms directly related to the servicing of your loan.

Except in limited circumstances, the law requires that your present servicer send you this notice at least 15 days before theeffective date of transfer, or at closing. Your new servicer must also send you this notice no later than 15 days after thiseffective date or at closing.

Your present servicer is Ocwen. If you have any questions relating to the transfer of servicing from your present servicer, callCustomer Service toll-free at 1-800-746-2936 ,9:00 a.m. and 9:00 p.m. EST, Monday through Thursday and 9:00 a.m to 6:30p.m EST on Friday ..

Your new servicer will be Green Tree. The business address for your new servicer is: PO Box 6172, Rapid City, SD 57709-6172. To ensure timely posting of your payments, please send payments to the address indicated below.

If you have any questions relating to the transfer of servicing to your new servicer, call Customer Service toll free at 1-800-643-0202 between 7:00 a.m. and 8:00 p.m. CST, Monday through Friday or between 7:00 a.m. and 1:00 p.m. CST, on Saturday.

The date that your present servicer will stop accepting payments from you is December 3, 2009. The date that your new servicerwill start accepting payments from you is December 4, 2009. SEI\Tl) ALL PAYMENTS DUE ON OR AFTER DECEMBltR4,2009 TO YOlJR NEW SERVICER:

GREEN TREEPO BOX 94710

PALATlJ."m, IL 60094-4710.

Please be advised that any optional insurance (i.e., mortgage life, disability insurance, etc.) or other optional product that youmay have on the loan being transferred is billed directly by the company providing the insurance or other product and thistransfer of servicing will not affect your coverage.

r-:z

Northern District of CaliforniaClaims Register

09-46608 Leslie Patrice Barnes Marks Debtor dismissed 01/20/2010Judge: Roger L. EfremskyOffice: OaklandTrustee: Martha G. Bronitsky

Creditor: (J0214389) iClaim No: }'Ocwen Loan Servicing, LLC Original Filed1661 Worthington Rd 'Date: 08/03/2009Suite 100 Original EnteredWest Palm Beach, FL .Date: 08/03/2009

,33409

Secured claimed: $644734.30, Total claimed: $644734.30

Chapter: 13Last Date to file claims: 12/16/2009Last Date to file (Govt):

.Status:Filed by: CREntered by: Zieve, LesModified:

History:! Details L.L 08103/2009 Claim # 1 filed by Ocwen Loan Servicing, LLC, total amount claimed: $644734.3 (Zieve, 1

Les )

Description:Remarks:

f NEVERappeared before Judge Roger L. Efremsky. I only appeared before Judge Leslie Tchaikosky.

UNITED STATES DISTRICT COURTEASTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 1O-CR-22

THOMAS P. CHICOINE,

Defendant.

ORDER

The defendant has filed a motion to relocate from Wausau, Wisconsin to Chicago, lllinois,

so that he will be able to accept an offer of employment as a tennis coach. The defendant seeks

permission to travel to the Chicago area on March 7, 2011 in an attempt to locate housing in

advance of the start date for his new employment.

The motion will be denied. Defendant is due to be sentenced on March 22, 2011 on

convictions for wire fraud and aggravated identity theft.

Wire fraud carries a penalty of up to 20 years in prison and aggravated identity theft carries

a mandatory minimum imprisonment of 2 years consecutive to the sentence imposed on the wire

fraud count. Given the potential sentences the defendant is facing, it makes no sease to establish

a new home in Chicago less than 2 weeks before his sentencing date. In the event a prison sentence

is not imposed, the defendant will be free at that time-to arrange employment in Chicago or any

other location. At this time, and given the history of the case, the motion is denied.

SO ORDERED this 3rd day of March, 2011.

sf William C. GriesbachWILLIAM C. GRIESBACHUnited States District Judge

EX-I-f) eX, I -LfCase 1:10-cr-00022-WCG Filed 03/03/11 Page 1 of 1 Document 94

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WALNUT CREEK, CALIFOl~NIA 94596,~---, ,,,

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OPR Index S~,rch Report Number.: 448851 Requested By : LESLIE MARKS Party Begins with TRA PARTNERS Page 1 of 7

Run: 011181201111:59 AM

Date Mo", Morc

Instrument # Received Names? Name Narnl!s? Associated Name Document Type Image Book Page PCOR Status

2009320848 1010912009 E TRA PARTNERS R .; CALIFORNIA RECONVEYANCE CO TR TRUSTEE'S DEED .;2010108786 0412t12010 R TRA PARTNERS E TRA LENDING LLC SUBSTITUTION OF TRUSTEE 0/

2010108788 04/2112010 E TRA PARTNERS R RECONVEYANCE .;4 2010341568 1111912010 R TRA PARTNERS E LAMP MICHAEL DEED 0/ .;

2008340975 12/0112008 E TRA PARTNERS LLC R .; OLD REPUBLIC DEFAULT MANAGEMENT SERVICES TRUSTEE'S DEED 0/DIVISION OLD REPUBLIC NATIONAL TITLEINSURANCE CO TR

2008340976 1210112008 R TRA PARTNERS LLC E .; SHIELLS JOHN DEED OF TRUST 0/

2008347612 1210912008 E TRA PARTNERS LLC R .; CAL WESTERN RECONVEYANCE CORPORATION TR TRUSTEE'S DEED 0/

2008347613 12/0912008 R TRA PARTNERS LLC E .; SHIELLS JOHN DEED OF TRUST 0/

2008357297 1212212008 E TRA PARTNERS LLC R .; CALIFORNIA RECONVEYANCE CO TR TRUSTEE'S DEED 0/

10 2008357298 1212212008 R TRA PARTNERS LLC E SHIELLS JOHN DEED OF TRUST 0/

11 2008357299 12/2212008 E TRA PARTNERS LLC R .; QUALITY LOAN SERVICE CORPORATION TR TRUSTEE'S DEED 0/

12 2008357300 12122/2008 R TRA PARTNERS LLC E .; THALER INVESTMENTS LLC DEED OF TRUST 0/

13 2009003918 01/0712009 R TRA PARTNERS LLC E FRIUELL DAVID DEED .;14 2009027625 01/2812009 E TRA PARTNERS LLC R .; FIRST AMERICAN LOANSTAR TRUSTEE SERVICES TRUSTEE'S DEED 0/

TR

15 2009027626 0112812009 R TRA PARTNERS LLC E .; SHIELLS JOHN DEED DF TRUST .;16 2009045033 02/0912009 E TRA PARTNERS LLC R .; QUALITY LOAN SERVICE CORPORATION TR TRUSTEE'S DEED 0/

17 2009045034 0210912009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST 0/

18 2009053485 02/1912009 E TRA PARTNERS LLC R RECONVEYANCE 0/

19 2009056n3 0212412009 R TRA PARTNERS LLC E .; STEIN ERIC B DEED .;20 2009066874 0310512009 E TRA PARTNERS LLC R .; AHMSI DEFAULT SERVICES INC TR TRUSTEE'S DEED 0/

21 2009066875 0310512009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST 0/

22 2009067380 0310612009 R TRA PARTNERS LLC E 0/ RICHARDSON RONALD M DEED 0/

23 2009076834 0311612009 E TRA PARTNERS LLC R .; EXECUTIVE TRUSTEE SERVICES LLC TR TRUSTEE'S DEED 0/

24 2009076835 0311612009 R TRA PARTNERS LLC E TRA LENDING LLC DEEO OF TRUST

"25 2009107762 0411312009 E TRA PARTNERS LLC R .; DSL SERVICE CO TR TRUSTEE'S DEED 0/

26 2009107763 0411312009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST

"27 2009113318 0411712009 R TRA PARTNERS LLC E C&J SOUTH TEMPLE LP DEED .; .;28 2009113917 0411712009 R TRA PARTNERS LLC E 0/ WOODWORTH BRANDON N DEED 0/ .;

Notation: E Grantee R Grantor

OPR Index Search Report Number: 448851 Requested By : lESLIE MARKS Party Begins with TRA PARTNERS Page 2 of 7

Run: 01118/2011 11 :59 AMDale Mor!! More

Instrument # Received Namos? Name Names? Associated Name Document TypeImage Book Page peOR Status

Z9 2009115073 04120/2009 R TRA PARTNERS llC E ASKEW TRENOR SUBSTITUTION OF TRUSTEE .;30 2009115074 04/20/2009 E TRA PARTNERS llC R RECONVEYANCE .;31 2009129445 04/24/2009 R TRA PARTNERS u,c E TRA lENDING u,c SUBSTITUTION OF TRUSTEE .;32 2009129445 04/2412009 E TRA PARTNERS u,c R RECONVEYANCE .;33 2009129446 04/24/2009 R TRA PARTNERS u,c E .; WU lUCY DEED V34 2009134696 04/29/2009 R TRA PARTNERS u,c E SHIELLS JOHN SUBSTITUTION OF TRUSTEE V35 2009134696 04/29/2009 E TRA PARTNERS lLC R RECONVEYANCE V36 2009136060 04/30/2009 R TRA PARTNERS lLC E I LEW JUK MON DEED .;37 2009139421 05/0112009 E TRA PARTNERS LLC R ..; AHMSI DEFAULT SERVICES INC TR TRUSTEE'S DEED V38 2009139422 05/01/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST ..;39 2009146464 06/08/2009 R TRA PARTNERS LLC E ..; PAN MIN DEED V40 2009149927 05/11/2009 E TRA PARTNERS LLC R I CAL WESTERN RECONVEYANCE CORPORATION TR TRUSTEE'S DEED .;41 2009149928 05/11/2009 E TRA PARTNERS LLC R .; AHMSI DEFAULT SERVICES INC TR TRUSTEE'S DEED

"42 2009149929 05/11/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;43 2009152154 05/13/2009 R T.RA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE .;44 2009152154 05/13/2009 E TRA PARTNERS LLC R RECONVEYANCE .;45 2009153144 05/13/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;46 2009153145 05/13/2009 E TRA PARTNERS LLC R I FIRST AMERICAN LOANS TAR TRUSTEE SERVICES TRUSTEE'S DEED .;

TR47 2009156883 05/19/2009 E TRA PARTNERS LLC R RECONVEYANCE .;48 2009159761 05/20/2009 E TRA PARTNERS LLC R I GMAC MORTGAGE LLC DEED V49 2009163083 05/2212009 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE V50 2009163083 05/22/2009 E TRA PARTNERS LLC R RECONVEYANCE "51 2009163084 05/22/2009 R TRA PARTNERS LLC E ..; DESABHATLA MAHESH V DEED .;52 2009167130 05/27/2009 E TRA PARTNERS LLC R I CALIFORNIA RECONVEYANCE CO TR TRUSTEE'S DEED .;53 2009167131 05/27/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;54 2009167134 05/27/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST ..;55 2009170461 05/29/2009 E TRA PARTNERS LLC R I QUALITY LOAN SERVICE CORPORATION TR TRUSTEE'S DEED "56 2009170462 05/29/2009 R TRA PARTNERS LLC E ..; SHIELLS JOHN DEED OF TRUST ..;57 2009176042 06/03/2009 E TRA PARTNERS LLC R if CAL WESTERN RECONVEYANCE CORPORATION TR TRUSTEE'S DEED .;

Notation: E Grantee R Grantor

OPR Index search Report Number: 448851 Requested 8y ; LESLIE MARKS Party 8eglns with TRA PARTNERS Page 3 of 1

Run: 011181201111:59 AM

Date More More

Instrument # R.eceived Names? Name Names? Associated Name Document Type Image Book Page PC OR Status

58 2009176043 06103/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST I59 2009176044 0610312009 R TRA PARTNERS LLC E TF;A LENDING LLC DEED OF TRUST I60 2009185978 0611212009 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE I61 2009185978 0611212009 E TRA PARTNERS LLC R RECONVEYANCE

"62 2009185979 0611212009 R TRA PARTNERS LLC E LAL GYANESHWAR DEED "63 2009202472 06/2512009 E TRA PARTNERS LLC R I NDEX WEST LLC TR TRUSTEE'S DEED "64 2009202473 0612512009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST

"65 2009202787 06/26/2009 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE I66 2009202781 0612612009 E TRA PARTNERS LLC R RECONVEYANCE

"67 2009202188 0612612009 R TRA PARTNERS LLC E "SACKL BRYCE L DEED

"68 2009230539 0712012009 E TRA PARTNERS LLC R " WOLF FIRM TR TRUSTEE'S DEED "69 2009230540 0712012009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST

"70 2009233139 0712212009 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE "71 2009233139 07/2212009 E TRA PARTNERS LLC R RECONVEYANCE "72 2009233140 07122/2009 R TRA PARTNERS LLC E KIM HAEKYOUNG DEED V V73 2009254851 08107/2009 R TRA PARTNERS LLC E I HOSIER SHARON W DEED " V74 2009254853 0810712009 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE

"75 2009254853 0810712009 E TRA PARTNERS LLC R RECONVEYANCE V76 2009214853 0812012009 E TRA PARTNERS LLC R I NATIONAL DEFAULT SERVICING CORPORATION TR TRUSTEE'S DEED "77 2009274854 0812012009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST 0/

78 2009274656 0812012009 E TRA PARTNERS LLC R 0/ WOLF FIRM TR TRUSTEE'S DEED 0/

79 2009215089 0812112009 R TRA PARTNERS LLC E " WONG RODNEY DEED "80 2009275091 0812112009 R TRA PARTNERS LLC E OLD REPUBLIC TITLE CO SUBSTITUTION OF TRUSTEE "81 2009215092 0812112009 E TRA PARTNERS LLC R RECONVEYANCE "82 2009278099 0812112009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST V83 2009279336 08126/2009 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF· TRUSTEE "84 2009279336 0812612009 E TRA PARTNERS LLC R RECONVEYANCE V85 2009279337 0812612009 R TRA PARTNERS LLC E "

DIMAS RAYMOND JOHN DEED

"86 2009289522 0910412009 E TRA PARTNERS LLC R 0/ AZTEC FORECLOSURE CORPORATION TR TRUSTEE'S DEED

"Notation: E Grantee R Grantor

EXHIBlTftH -9-

OPR Index Search Report Number: 448851 Requested By : LESLIE MARKS Party Begins with TRA PARTNERS Page 4 of 7

Run: 01/18/201111:59 AM

Date More More

Instrument # Received Namt!,1 Name NiJmes? Associated Name Document Type Book Page PCORImage Status

87 2009289523 09/04/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;88 2009292701 09/10/2009 E TRA PARTNERS LLC R .; RECONTRUST CO TR TRUSTEE'S DEED .;89 2009292702 09/10/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED DF TRUST .;90 2009297173 09/16/2009 R TRA PARTNERS LLC E CHINN PERRY DEED .;91 2009299372 09/18/2009 E TRA PARTNERS LLC R RECONVEYANCE .;92 2009309873 09/30/2009 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE .;93 2009309873 09/30/2009 E TRA PARTNERS LLC R RECONVEYANCE .;94 2009309874 09/30/2009 R TRA PARTNERS LLC E GREEN JUSTIN DEED .; .;95 2009312377 10/0112009 E TRA PARTNERS LLC R .; REGIONAL SERVICE CORPORATION TR TRUSTEE'S DEED .;96 2009312378 10/01/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;97 2009320643 10/0912009 E TRA PARTNERS LLC R .; PLM LENDER SERVICES INC TR TRUSTEE'S DEED .;98 2009320644 10/09/2009 R TRA PARTNERS LLC E TRA LENOING LLC DEED OF TRUST .;99 2009320649 10/09/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;100 2009323476 1011412009 E TRA PARTNERS LLC R .; AZTEC FORECLOSURE CORPORATION TR TRUSTEE'S DEED .;101 2009323477 10/14/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;102 2009324092 10115/2009 R J TRA PARTNERS LLC E INCORPORATION .;103 2009334223 10119/2009 R TRA PARTNERS LLC E GLOBEN ERAN DEED

"104 2009336890 10/2112009 R TRA PARTNERS LLC E OLD REPUBLIC TITLE CO SUBSTITUTION OF TRUSTEE "105 2009336890 10/2112009 E TRA PARTNERS LLC R RECONVEYANCE

"106 2009352012 11106/2009 R TRA PARTNERS lLC E .; OTERO STEVEN M DEED "107 2009354201 11109/2009 E TRA PARTNERS LLC R " CALIFORNIA RECONVEYANCE CO TR TRUSTEE'S DEED .;lOB 2009354202 11109/2009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;109 2009357062 11112/2009 E TRA PARTNERS LLC R .; RECONTRUST CO TR TRUSTEE'S DEED .;110 2009357063 1111212009 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;111 2009372381 11130/2009 E TRA PARTNERS LlC R " CALIFORNIA RECONVEYANCE CO TR TRUSTEE'S DEED "112 2009372690 12/01/2009 R TRA PARTNERS LLC E " HUJIE DEED .;113 2009378272 12107/2009 E TRA PARTNERS LLC R RECONVEYANCE .;114 2009380714 12/09/2009 R TRA PARTNERS LLC E ASKEW TRENOR SUBSTITUTION OF TRUSTEE .;115 2009380714 12109/2009 E TRA PARTNERS LLC R RECONVEYANCE "

Notation: E Gramee R Gr.Jntor

EV' ~~n~''IF" A A -3'" i" ~«,J. "j ·f;.;l~~ ~ . .«\~~~'"". I. il, ~~J: .,

OPR Index So.rch Report Number: 448851 Requested By : lESLIE MARKS Party Begins with TRA PARTNERS Page 5 of 7

Run: 011181201111:59 AMDate Mo re More

Instrument # Received Names? Name Namos? ABBoclated Name Document TypeImage Book Page PCOR Status

116 2009380715 1210912009 R TRA PARTNERS llC E .j CHEN YONGMIN DEED .j "117 2009383034 1211112009 R TRA PARTNERS llC E TRA lENDING LLC SUBSTITUTION OF TRUSTEE .j118 2009383034 1211112009 E TRA PARTNERS u,c R RECONVEYANCE .j119 2009383035 1211112009 R TRA PARTNERS lLC E .j KANU ASIKEH S DEED .j "120 2009392944 1212212009 E TRA PARTNERS lLC R .j EXECUTIVE TRUSTEE SERVICES LLC TR TRUSTEE'S DEED .j121 2009400837 1213112009 R TRA PARTNERS LLC E .j ATTARWALA ABBAS I DEED .j "122 2010009210 0111312010 E TRA PARTNERS llC R .j CALIFORNIA RECONVEYANCE CO TR TRUSTEE'S DEED .j123 2010009211 0111312010 R TRA PARTNERS LlC E TRA lENDING LLC DEED OF TRUST .j124 2010009212 0111312010 E TRA PARTNERS LLC R .j EXECUTIVE TRUSTEE SERVICES LLC TR TRUSTEE'S DEED .j125 2010009213 0111312010 R TRA PARTNERS LlC E TRA LENDING LLC DEED OF TRUST V126 2010010262 01/15/2010 R TRA PARTNERS LLC E NGUYEN THAN DEED V127 2010010264 01/15/2010 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE V128 2010010264 0111512010 E TRA PARTNERS LLC R RECONVEYANCE V129 2010020004 01127/2010 E TRA PARTNERS LLC R .j NATIONAL DEFAULT SERVICING CORPORATION TR TRUSTEE'S DEED .j130 2010020005 01127/2010 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST V131 2010036120 0210812010 R TRA PARTNERS LLC E BALLEW PETER J DEED V132 2010037118 02109/2010 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE V133 2010037118 02/0912010 E TRA PARTNERS LLC R RECONVEYANCE V134 2010037119 02109/2010 R TRA PARTNERS LLC E V HUYNH MY H DEED .j .j135 2010051688 02/25/2010 E TRA PARTNERS LLC R V RECONTRUST CO TR TRUSTEE'S DEED .j136 2010051902 02126/2010 R TRA PARTNERS LLC E .j HEYIHUA DEED V "137 2010072584 03/1912010 E TRA PARTNERS lLC R .; DSL SERVICE CO TR TRUSTEE'S DEED V138 2010074255 03/23/2010 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE .j139 2010074255 03/2312010 E TRA PARTNERS LLC R RECONVEYANCE V140 2010074256 03123/2010 R TRA PARTNERS LLC E V XU JIE WEN DEED V "141 2010090410 03/3112010 R TRA PARTNERS LLC E .j HERNANDEZ FRANCES DEED V "142 2010099549 0410912010 E TRA PARTNERS LLC R V EXECUTIVE TRUSTEE SERVICES LLC TR TRUSTEE'S DEED V143 2010099550 04109/2010 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST V144 2010107581 04/20/2010 R TRA PARTNERS LLC E BANK OF COMMERCE DEED OF TRUST V

Notation: E GflJntee R Grantor

OPR Index Search Report Number: 448851 Roquested By : LESLIE MARKS Party Begins with TRA PARTNERS Page 6 of 7

Run: 011181201111:59 AMDate More Morll

Instrument # Received Names? Name NlIll1tlS? Aesccteteo Name Document TypeImoge Book Pago PC OR Status

145 2010107581 04/20/2010 R TflA PARTNERS LLC E BANK OF COMMERCE ASSIGNMENT OF RENTS .;145 2010108593 04/20/2010 E TRA PARTNERS LLC R K L HAMTPON GROUP LLC DEED .; "147 2010109592 04/21/2010 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;148 2010112591 04/26/2010 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE .;149 2010112591 04/26/2010 E TRA PARTNERS LLC R RECONVEYANCE .;150 2010112593 04/26/2010 R TRA PARTNERS LLC E DEHARO NOEMA ESTRADA DEED

" "151 2010115096 04/28/2010 R TRA PARTNERS LLC E CULLINANE BRIDGET SUPPLE DEED .; "152 2010121671 05/05/2010 R TRA PARTNERS LLC E ZHAI HUI MING DEED .; 0/153 2010121672 05/OS/2010 E TRA PARTNERS LLC R BANK OF COMMERCE RELEASE OF LIEN .;154 2010122590 05105/2010 R TRA PARTNERS LLC E .; REDMAN ROBERT J DEED .; 0/155 2010123340 05/06/2010 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE 0/155 2010123340 05/06/2010 E TRA PARTNERS LLC R RECONVEYANCE .;1'7 2010140617 05/17/2010 E TRA PARTNERS LLC R K L HAMPTON GROUP LLC DEED .;158 2010140678 05/1712010 R TRA PARTNERS LLC E BANK OF COMMERCE DEED OF TRUST .;159 2010140678 05117/2010 R TRA PARTNERS LLC E BANK OF COMMERCE ASSIGNMENT OF RENTS .;160 2010150048 05/2612010 R V TRA PARTNERS LLC E DIZON NILDA NOTICE ACTION (LIS PENDENS) .;161 2010156158 06/03/2010 E TRA PARTNERS LLC R K L HAMPTON GROUP LLC DEED .;162 2010156157 06/03/2010 R TRA PARTNERS LLC E BANK OF COMMERCE DEED OF TRUST .;163 2010156157 06/03/2010 R TRA PARTNERS LLC E BANK OF COMMERCE ASSIGNMENT OF RENTS .;164 2010164926 06/1412010 E TRA PARTNERS LLC R K L HAMPTON GROUP LLC DEED OF TRUST .;165 2010237898 OBI1812010 R TRA PARTNERS LLC E .; L1N GENTRY DEED .; "165 2010255952 09/0212010 E .; TRA PARTNERS LLC R DIZON NILDA ORDER .;167 2010256121 09/03/2010 E TRA PARTNERS LLC R .; CHOI SIMON DEED .; "168 2010256122 09/03/2010 R TRA PARTNERS LLC E BANK OF COMMERCE DEED OF TRUST .;169 2010256122 09103/2010 R TRA PARTNERS LLC E BANK OF COMMERCE ASSIGNMENT OF RENTS .;170 2010260760 09109/2010 R TRA PARTNERS LLC E AHMED MIAN M DEED .; .;171 2010261011 0910912010 R TRA PARTNERS LLC E ESLICK KATHRYN DEED .; .;172 2010263245 09/10/2010 E TRA PARTNERS LLC R .; CAL WESTERN RECONVEYANCE CORPORATION TR TRUSTEE'S DEED .;173 2010267457 0911512010 R TRA PARTNERS LLC E TRA LENDING LLC DEED OF TRUST .;

NollJtfon: E Grantee R Grantor

OPR Index Sp.arch Report Number: 448851 Requested By : LESLIE MARKS Party Begins with TRA PARTNERS Page 7 of 7

Run: 01/18/201111:59AM

Date M.,. MoraInstrument # Received Names? Name Name_? Associated Name Document Type Image Book Page PCOR Status

174 2010275831 09/23/2010 R TRA PARTNERS LLC E VAVERKA ADAM M DEED

" "175 2010277550 09/2412010 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE "176 2010277550 09/24/2010 E TRA PARTNERS LLC R RECONVEYANCE

"177 2010283819 09/3012010 R TRA PARTNERS LLC E " KANTHADAI SUNDAR R DEED " .;178 2010283821 09/30/2010 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE

"179 2010283821 0913012010 E TRA PARTNERS LLC R RECDNVEYANCE "180 2010288748 10/05/2010 E TRA PARTNERS LLC R "NDEX WEST LLC TR TRUSTEE'S DEED "181 2010301304 10/15/2010 R TRA PARTNERS LLC E BANK OF COMMERCE DEED OF TRUST "182 2010301304 1011512010 R TRA PARTNERS LLC E BANK OF COMMERCE ASSIGNMENT OF RENTS

"183 2010318951 1110112010 E TRA PARTNERS LLC R if FIDELITY NATIONAL TITLE CO TR TRUSTEE'S DEED "184 2010333090 11/12/2010 E TRA PARTNERS LLC R FEDERAL HOME LOAN MORTGAGE CORPORATION DEED "185 2010341567 1111912010 R TRA PARTNERS LLC E TRA LENDING LLC SUBSTITUTION OF TRUSTEE "186 2010341667 1111912010 E TRA PARTNERS LLC R RECONVEYANCE "187 2010377206 1211612010 E TRA PARTNERS LLC R RECONVEYANCE

" T188 2010379173 12/1712010 E TRA PARTNERS LLC R " BROWN JOANN AOMR DEED

" " T189 2011001827 01/0412011 R TRA PARTNERS LLC E BANK OF COMMERCE DEED OF TRUST " T190 2011001827 0110412011 R TRA PARTNERS LLC E BANK OF COMMERCE ASSIGNMENT OF RENTS " T191 2011006880 01/07/2011 R TRA PARTNERS LLC E "

TRUJILLO RICHARD A DEED .; " T192 2011008384 01110/2011 E TRA PARTNERS LLC R BANK OF COMMERCE RELEASE OF LIEN

" T

Notation: E Grantee R G~ntor

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TRA PARTNERS, LLC

200830210162

10/28/2008

ACTIVE

CALIFORNIA

865 ROSEMOUNT RD

OAKLAND CA 94610

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OAKLAND CA 94610

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