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Second material fact - A notice of default and election to sell was filed instrument number
TD service Company as trustee and provident bank as the servicer of the said note no prior
assignments or substitutions the trustor paid $ 50,000 to bring it current document that should
have been claimed void due to the void nature of the deed of trust
third material fact - next document recorded NEW CENTURY, OCWEN, entitled assignment of deed of
trust initiated by PCFS financial services signed as new century mortgage Corporation as the
shipping manager not an officer of the said corporation also a well-known Robo signer please see
NINTH JUDICIAL CIRCUIT CASE NO: 2011-CP-10-1648 STATE OF SOUTH CAROLINA COUNTY OF CHARLESTON please
Note that in California it is illegal to foreclose on a property with Robo signing as a breach of chain of title and not
within state regulations
Legal title. [Citations.] ... [A] forged document is void ab initio and constitutes a nullity; as such it cannot provide the basis for a superior
title as against the original grantor.' [Citations.]" (Id. at pp. 379-380.) A forgery includes a "`false making of a writing'" that "`falsely
p u r p o r t s to be the writing of another.'" (Wutzke v. Bill Reid Painting Service, Inc. (1984) 151 Cal.App.3d 36, 41-42 [198
Cal.Rptr. 418], italics omitted.) A deed that has been materially altered after it was signed is a forgery. (Montgomery v. Bank of America
(1948) 85 Cal.App.2d 559, 563 [193 P.2d 475] ["Since the deed was altered without the knowledge, consent or approval of plaintiffs, after
it had been signed by them and transmitted to the escrow holder, it was void."]; Wutzke v. Bill Reid Painting Service, Inc., supra, at pp. 4344 [a forged deed is void].) . LAW AND ANALYSIS A party seeking to bring a case into federal court on grounds of diversity carries the
burden of establishing diversity jurisdiction. Coyne v. American Tobacco Company, 183 F. 3d 488 (6th Cir. 1999). Further, the plaintiff
bears the burden of demonstrating standing and must plead its components with specificity. Coyne, 183 F. 3d at 494; Valley Forge
Christian College
v. Americans United for Separation of Church & State, Inc., 454 U.S. 464 (1982). The minimum constitutional requirements for standing
are: proof of injury in fact causation and redressability Valley Forge 454 U S at 472
eight material fact - a substitution of trustee was filed on 05/02/2007 instrument number 2007
First American loan start trustee new century mortgage as the beneficiary signed and
notarized U.S. Bank national Association as trustee under the pooling and servicing agreement
dated as of March 1, 2002 signed by assistant secretary the fact that the substitution of trustee
was filed after the notice of default requires an affidavit to be sent out to the trustor there is no
recorded affidavit for many of these defaults
Ninth material fact - next recorded document five 1/30/2008 instrument number NEW CENTURY, OCWEN,
indicating quality loan service Corp. as trustee a notice of default filed further on 06/ 24/2008
substitution of trustee NEW CENTURY, OCWEN, recorded by quality loan service Corp. and a rescission of
notice of default on 08/08/2008 by the aforementioned quality loan service Corp. and the
trustor had paid 50,000 for this as well
10th material fact - on 10/06/ 2009 quality loan service Corp. recorded a new notice a default
instrument number NEW CENTURY, OCWEN, however on 11 /17/2009 a substitution of trustee was
executed by US Bank instrument number NEW CENTURY, OCWEN, indicating that quality loan service Corp.
to be the new trustee .A notice of trustee sale was filed on 10/8/ 2010 instrument number
NEW CENTURY, OCWEN,
further a notice of rescission was filed as well on 01/ 13 /2010 as instrument
NEW CENTURY, OCWEN,
number 2
for which the trustor paid $50,000 to bring it current
11th material fact - on 03 32,011 instrument number NEW CENTURY, OCWEN, there was a new notice of
default filed by First American trustee service solutions Litton loan LLP signed by First American
trustee service solutions and on 08/ 32/2011 a substitution of trustee was recorded in favor of
First American trustee service solutions initiated by U.S. Bank national Association followed by
notice of trustee sale on 09/02/ 2011 instrument number NEW CENTURY, OCWEN, followed by another
notice of trustee sale recorded 05/07/ 2012 instrument number 20120673715
107.085
Restrictions on trustees power of sale concerning certain trust agreements: Applicability; service of notice; scheduling of
date of sale; form of notice; judicial foreclosure not prohibited; unfair lending practice defined. NRS 107.090
Request for notice of
default and sale: Recording and contents; mailing of notice; request by homeowners association; effect of request. NRS 107.260
Copy of note or deed of trust for authorized requester. NRS 107.020 Transfers in trust of real property to secure obligations. Transfers in
trust of any estate in real property may be made after March 29, 1927, to secure the performance of an obligation or the payment of any
debt.
(i)
Bookkeeping journal / account ledger entries: Please provide me with a verified (sworn to
by affidavit) copy of the complete set of original bookkeeping journal / account ledger
entries associated with my alleged agreement and alleged file/account number using
Generally Accepted Accounting Principles per 12 U.S.C. 1831n, showing all debits and
credits and identifying the source(s) and amount of the credit funds/assets; Note: The
verifying affidavit of journal / account ledger bookkeeping entries is to be completed by
No. 1:07CV2282, et al., slip op. (N.D. Ohio Oct. 31, 2007) (Boyko, J.)COMPLIANCE WITH GENERAL ORDER 07-03 Federal Rule of Civil
Procedure 83(a) (2) provides that a local rule imposing a requirement of form shall not be enforced in a manner that causes a party to
lose rights because of a non-willful failure to comply with the requirement. Fed. R. Civ. P. 83(a) (2). . Nelson Construction Co. v. U.S., No.
05-1205C, 2007 WL 3299161 at *3 (Fed. Cl., Oct. 29, 2007) (citing McNutt v. General Motors Acceptance Corp. of Indiana, 298 U.S. 178
(1936)); see also Nichols v. Muskingum College, 318 F.3d 674, (6th Cir. 2003) (in reviewing
a 12(b) (1) motion, the court may consider
evidence outside the pleadings to resolve factual disputes Case 3:07-cv-00286-TMR-MRM Document 24 Filed 11/15/2007 Page 3 of 7 -4
(3)(a) A notary public seal shall be affixed to all notarized paper documents and shall be of the rubber stamp type and shall include the
words "Notary Public-State of Florida." The seal shall also include the name of the notary public, the date of expiration of the commission
of the notary public, and the commission number. The rubber stamp seal must be affixed to the notarized paper document in
photographically reproducible black ink. Every notary public shall print, type, or stamp below his or her signature on a paper document his
or her name exactly as commissioned. An impression-type seal may be used in addition to the rubber stamp seal, but the rubber stamp
seal shall be the official seal for use on a paper document, and the impression-type seal may not be substituted therefor.
CC: Ombudsman
Attorneys General,
State Mortgage Regulators
The Consumer Financial Protection Bureau
(CFPB Monitoring Committee
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
Federal Deposit Insurance Corporations (FDIC) Involvement in Operation Choke Point
SENATE BANKING, FINANCE AND INSURANCE COMMITTEE
California Department of Consumer Affairs Consumer Information Division
California Office of the Attorney General Public Inquiry Unit
Los Angeles County Department of Consumer Affairs
Department of Business Oversight Consumer Services
Federal Trade Commission.
FDIC Advisory Committee on Community Banking
Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues
Securities and Exchange Commission Elizabeth M. Murphy,
Securities and Exchange Commission (2012) - Authorized by Law Committees
Federal Deposit Insurance Corporation (2012) - Presidential Committees
Robert E. Feldman, Executive
Department of Business Oversight (DBO)
for relief under Civil RICO Federal racketeering laws (18 U.S.C. 1964), as the lender may have established a pattern of racketeering
activity by using the U.S. Mail more than twice to collect an unlawful debts and the lender may be in violation of 18 U.S.C. 1341, 1343,
1961 and 1962. The borrower may have other claims for relief if hecan prove there was or is a conspiracy to deprive him of property
without due process of law under 42U.S.C. 1983 (Constitutional Injury), 1985 (Conspiracy) and 1986 (Knowledge and Neglect to
Prevent a U.S. Constitutional Wrong). Under 18 U.S.C.A 241 (Conspiracy) violators, shall be fined not more than $10,000 or
imprisoned not more than ten (10) years or both. . . Bluefield Natl Bank, 11 F2d 83, 271 U.S. 669.5. A national bank has no power to
lend its credit to any person or corporation Bowen v. Needles Nat. Bank, 94 F 925, 36 CCA 553, CERTIORARI DENIED IN 29 S.Ct 1024,
176 US 682, 44 LED 637.6. Mr. Justice Marshall said: The doctrine of ultra vires is a most powerful weapon to keep private corporations
within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked too often
Zinc Carbonate Co. v. First National Bank, 103Wis 125, 79 NW 229. American Express Co. v. Citizens State Bank, 194 NW 430.7.
(k) Assignment contract: If applicable, please provide me with verified (sworn to by affidavit)
proof of an assignment contract in its entirety of the alleged original agreement and the alleged
debt in issue from an alleged original creditor, as assignor, to the alleged creditor, as assignee.
(l) Proof of authority: Please provide me with a verified (sworn to by affidavit) copy of the
contract your firm has with the alleged original creditor which authorizes your firm to engage in
collection activities on their behalf against the above alleged account, and naming you as an
authorized collection agent / claims adjuster.
(m) Certification of authority: Please provide me with a verified (sworn to by affidavit) certificate
of authority from the State of California authorizing your company to transact business in the
state of California and a photocopy of your State Department of Commerce and Insurance
certificate.
(n) Form 1035: Please provide me with Department of the Treasury Form 1035 Custodian of
Documents attached or associated with my alleged original agreement and /or the name and
address of said custodian per (b) (ii) above;
(o) Form 1099: Please provide me with Department of the Treasury Form 1099 Original Issue
Discount for each year the alleged creditor was holder in possession of the alleged original
agreement;
(p) Vendor sales slips/vouchers: Please provide me with verified (sworn to by affidavit) copies of
all original sales slips/vouchers from all alleged vendors covering all alleged transactions in the
above referenced file/account from its inception to date.
Note: This Notice of Dispute is not a request for confirmation that you have mere photocopies of
alleged documents. I am requesting ONLY VERIFIED DOCUMENTARY EVIDENCE in validation of
the alleged debt pursuant to the FDCPA.
6. Warning: That all your communications and omissions will be made a part of an incorporated
into any litigation arising from this matter.