Petition for Ud Cases REVISED 11 15 11

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Daniel Jr Lopez & Olga-LopezDaniel Sr Lopez & Rita Lopezc/o P.O. BOX 71537 Bakersfield California, 93387Leonor Lopez 9212 Haupt ave Bakersfield CA 93306Alejandro Rojas 9539 Brillo Dr. Bakersfield CA 93306Reynaldo Ortega 1619 Fremont st. Bakersfield CA 93304

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF KERN

Daniel Jr Lopez, Olga Lopez, Leonor Lopez, Daniel Sr Lopez, Rita Lopez, Alejandro Rojas, Reynaldo Ortega

PLAINTIFFS, -VS-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (MERS), ITS CEO/PRES. BILL BECKMAN; FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE), ITS CEO/DIR. MICHAEL WILLIAMS; FEDERAL HOUSING FINANCE AGENCY (FHFA), ITS DIRECTOR EDWARD DEMARCO; HSBC BANK USA N.A., ITS CEO/PRES. IRENE DORNER; RECONTRUST COMPANY N.A. (RECON), ITS CEO/PRES. BRIAN T. MOYNIHAN; CAL-WESTERN RECONVEYANCE CO (CALWEST), ITS CEO/PRES. MARGARET PADILLA; AZTEC FORECLOSURE CORPORATION (AZTEC), ITS CEO/PRES. GERALD SHAPIRO; QUALITY LOAN SERVICE CORPORATION (QUALITY), ITS CEO/PRES. KEVIN MCCARTHY; THE WOLF FIRM (WOLF), ITS CEO/PRES. ALAN S. WOLF; GARY NORD ASST. SEC. FOR MERS; THEODORE SCHULTZ FOR MERS; MARY JANE SARNE V.P. FOR MERS; SUCHAN MURRAY AUTH.

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CASE #: S-1500-CV-275236-

[Related Cases:] [S-1500-CL-257480] [S-1500-CL-249339] [S-1500-CL-253622] [S-1500-CL-254287]

[amended prior to issuing of summons]

VERIFIED COMPLAINT OF Leonor Lopez; Daniel Jr. Lopez, Olga Lopez; Daniel Sr. Lopez; Rita Lopez; Alejandro Rojas, and Reynaldo Ortega FOR BREACH OF TRUST,GENERAL NEGLIGENCE, INTENTIONAL NEGLIGENCE, MISFEASANCE, MALFEASANCE, NONFEASANCE, DECLARATORY RELIEF, PERMANENT INJUNCTION, PUNITIVE AND EXEMPLARY DAMAGES FOR MENTAL ANGUISH, EMOTIONAL DISTRESS;

DEMAND FOR JURY TRIAL

VERIFIED COMPLAINT FOR BREACH OF TRUST & PUNITIVE EXEMPLARY DAMAGES PAGE 1 OF 49

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SIGNATORY FOR MERS; LETICIA QUINTANA ASST. SEC. FOR MERS AND RECON; BETTY JO LIVINGSTON FOR MERS AND RECON; ANGELICA MEDINA TEAM MEMBER FOR RECON; ROBBIE WEAVER ASST. SEC. & ASST. V.P. FOR MERS AND AZTEC; ELAINE MALONE FOR ASST. SEC. & ASST. V.P. AZTEC; MARY ARIELEA, AUTHORIZED AGENT FOR CAL-WEST; JOE KRAZOVIC ASST. SEC. MERS AND CAL-WEST; YVONNE J. WHEELER, ASST. V.P. FOR CAL-WEST; BILL CULLANAN AGENT FOR CAL-WEST AND THE WOLF FIRM; RENAE C. MURRAY FORECLOSURE MGR. FOR THE WOLF FIRM; KELI TUNE AUTH. SIGNER FOR QUALITY; KARLA SANCHEZ ASST. SEC. FOR QUALITY; BONNIE JEAN DAWSON AUTH. AGENT FOR QUALITY; AND DOES 1-99

DEFENDANTS.

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TABLE OF CONTENTSJURISDICTION ….........................................................................................................................P.5

PLAINTIFFS ...................................................................................................................................P.6

ADVERSE PARTIES…...................................................................................................................P.6

BREACH BY DEFENDANTS OF PROMISES & DUTIES OWED TO PLAINTIFFS;…............................................................................................P.6

INTENTIONAL NEGLIGENCE; GENERAL NEGLIGENCE; MISFEASANCE; MALFEASANCE; NONFEASANCE.............................................................. P.9

DUTY OF CARE OWED TO PLAINTIFFS …............................................................................P.14

EQUITABLE & COLLATERAL ESTOPPEL ….........................................................................P.15

FACTS & ALLEGATIONS …......................................................................................................P.15

PLAINTIFF Leonor Lopez............................................................................................................ P.15BREACH OF THE DEED OF TRUST OF PLAINTIFF Leonor LopezDAMAGES.…...............................................................................................................................P.17


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PLAINTIFFS Daniel Sr and Rita Lopez....…...............................................................................P. 18BREACH OF THE DEED OF TRUST OF PLAINTIFF Daniel Sr and Rita LopezDAMAGES …...............................................................................................................................P.20

PLAINTIFF Alejandro Rojas........................................................................................................ P.20BREACH OF THE DEED OF TRUST OF PLAINTIFF Alejandro RojasDAMAGES …...............................................................................................................................P.22

PLAINTIFF Reynaldo Ortega........................................................................................................P.23BREACH OF THE DEED OF TRUST OF PLAINTIFF Reynaldo OrtegaDAMAGES …...............................................................................................................................P.25

PLAINTIFFS Daniel: Lopez Jr. & Olga Lopez .............................................................................P.25BREACH OF THE DEED OF TRUST OF PLAINTIFFS Daniel Jr & Olga LopezDAMAGES …...............................................................................................................................P.27

INAPPLICABILITY OF THE TENDER RULE UNDER THE FACTS & LAW ….................................................................................................P.29

DECLARATORY RELIEF ….......................................................................................................P.30

RELATED CASES …....................................................................................................................P.31

INJUNCTIVE RELIEF ; C.C.P. § 525 ET SEQUITER ...............................................................P.32

DAMAGES FROM THE BREACH OF THE TRUST..................................................................P.33

(TO PLAINTIFF Leonor Lopez) …...............................................................................................P.33

(TO PLAINTIFF Daniel Sr & Rita Lopez) …...............................................................................P.33

(TO PLAINTIFF Alejandro Rojas) …...........................................................................................P.34

(TO PLAINTIFF Reynaldo Ortega)..............................................................................................P.34

(TO PLAINTIFFS Daniel Jr and Olga Lopez)...............................................................................P.35

SPECIAL ALLEGATIONS PUNITIVE & EXEMPLARY DAMAGES ....................................P.36

CAUSES OF ACTION I

BREACH OF TRUST

AGAINST ALL DEFENDANTS....…...........................................................................................P.36


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CAUSES OF ACTION II

INTENTIONAL NEGLIGENCE

AGAINST ALL DEFENDANTS …..............................................................................................P.36

CAUSES OF ACTION III

GENERAL NEGLIGENCE


CAUSES OF ACTION IV

MISFEASANCE; MALFEASANCE; NONFEASANCE


PRAYER-DEMAND FOR RELIEF ….........................................................................................P.37

BREACH OF TRUST …...............................................................................................................P.37

INTENTIONAL NEGLIGENCE …..............................................................................................P.38

GENERAL NEGLIGENCE …......................................................................................................P.39

MENTAL & EMOTIONAL DISTRESS & ANGUISH …...........................................................P.40

MISFEASANCE, MALFEASANCE, NONFEASANCE ….........................................................P.41

DECLARATORY RELIEF...........................................................................................................P. 42

INJUNCTIVE RELIEF..................................................................................................................P.43

-VERIFICATION- ….....................................................................................................................P.44

EXHIBIT PAGE LIST OF EXHIBITS …...........................................................................P.45


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INTRODUCTION

Comes now above named Plaintiffs with their Verified Petition & Complaint

against the above named Defendants for Damages for Breach of Trust etc., and for a

Declaratory Judgment against the said Defendants Declaring the Rights of Plaintiffs &

Duties of Defendants under the Relevant Deeds of Trust alleged as Authority by

Defendants to take the homes & property of Plaintiffs, and Declaring their Actions

taken against Plaintiffs, as in Breach of Article 24 of the Deeds of Trust, Void Ab

Initio, of no Effect & Unenforceable under the Law of the State of California.

All Plaintiffs named herein seek a Temporary Restraining Order Enjoining

Defendants from taking any further Action against the Homes & Properties of

Plaintiffs until the final Judgment & Ruling in this Action, & for a Permanent

Injunction against Defendants forever enjoining them from taking any further Actions

Against Plaintiffs or their homes & Property based upon the Actions of the Beneficiaries

of the Deeds of Trust, Mers, Et Al, & the Substituted Trustees. Daniel Sr. & Rita Lopez

sue for an Order Directing the Return of their home & Property to them based upon the

Void Substitution of Trustee & all Subsequent Acts & Actions of the Substituted Trustee

as set forth in this Complaint hereafter.

JURISDICTION

This Court has Jurisdiction over this Action Pursuant to California Constitution

Article VI & Express Provisions of California Code of Civil Procedure Sections §§ 525

& 1060 & Pursuant to the Facts that Defendants are Doing Business within the

physical Boundaries of the State of California, County of Kern, & the Actions herein


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alleged against all said Defendants were perpetrated by the Said Defendants within

the Physical Boundaries of the State of California, in the county of Kern.

PLAINTIFFS

Plaintiffs named herein are individuals with Inalienable Rights that are Protected

under the Constitution of the State of California Article I Section 1, of 1849 under the

Bill of Rights of the United States of America of 1791, and are the Legal Equitable &

Lawful Owners of Title to their Homes & Property which are located in the

Geographical area known as Kern County, Republic State of California.

ADVERSE PARTIES;

(PROMISES MADE TO PLAINTIFFS; RELIANCE OF PLAINTIFFS ON DEFENDANTS PROMISES; DUTY OWED TO PLAINTIFFS; BREACH BY DEFENDANTS OF PROMISES & DUTIES OWED TO PLAINTIFFS)

Defendant MERS is Mortgage Electronic Registration Systems Inc. (hereafter

MERS), and (1) currently a corporation registered to do business in the state of

California (2) who is stated/alleged to be the beneficiary of the Deed of trusts in each

mortgage transaction set forth in this complaint relating to each named plaintiff in

this action, (3) who was bound by law to comply with the express provisions in article 24

of the Deeds of Trust in each mortgage transaction set forth herein this complaint

relating to each Plaintiff named herein, & (4) who Impliedly & Expressly promised each

Plaintiff named herein that they would comply with the express provisions of each Deed

of Trust in each mortgage transaction set forth herein this complaint, (5) which included

the express governing provisions of article 24 of each Deed of Trust, which Express

Provisions reserved the Right to execute any & all Substitutions of Trustee only to the


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named “lender” on said Deed of Trust, to the exclusion of all other provisions regarding

Substitution of Trustees.

MERS was not the “lender” in any of the said mortgage transactions set forth herein

relating to any of the plaintiffs named herein & had no Authority to Execute any

Substitution of Trustee in any of the mortgage transactions set forth herein relating to

the named plaintiffs herein. Plaintiffs herein relied upon the said promises of said

defendants, and had a reasonable expectation under the law of the State of California

that said defendants would comply with their said promises & the express mandatory

provisions of the Deeds of Trust cited herein this complaint, which were recorded in the

Kern County Recorders Office.

Defendant MERS, their President & CEO Bill Beckmann, and Leticia Quintana

assistant secretary for MERS; Joe Krazovic, assistant secretary for both MERS and

Calwest; Robbie Weaver assistant secretary & assistant vice president for both MERS

and Aztec; Suchan Murray authorized signatory for MERS; Mary Jane Sarne vice

president for MERS; and Theodore Schultz authorized signatory for MERS, breached

the Express Provisions of the Deed of Trust in article 24 & breached their said promises

made to Plaintiffs in each mortgage transaction set forth herein regarding each plaintiff

named herein in each case wherein they issued a purported Substitution of Trustee prior

to the alleged public sale of each of the homes & properties in question, when they did

Not have any Authority to execute any Substitution of Trustee under any of the Deeds of

Trust in question which rendered any & all actions of all purported Substituted Trustees

thereafter void ab initio, of no effect & Unenforceable under the law, including any & all


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subsequent Notices of Default & Election to Sell, Assignments, Substitutions of Trustees',

Notices of Sale, purported sales and Trustees Deeds upon sale of homes & properties of

Plaintiffs herein. None of the said purported Substituted Trustees named herein, had any

power under the Deeds of Trust in question to sell, transfer, assign, or convey the homes

& properties in question, for example;

(1) Aztec claims to be new trustee under the deed of trust of the home of Daniel

Jr & Olga Lopez but the Original Trustee in the Deed of Trust in question was

Chicago Title See exhibit 13 doc. # 0206274279 1 , Aztec is in breach of article 24 of

said deed of trust (page 12 of 14)

(2) Recontrust Company N.A., (hereafter Recon) claims to be new trustee

under the deed of trust of the home of Daniel Sr. and Rita Lopez but the Original

Trustee in the Deed of Trust in question was Jackie Miller See exhibit 7 doc. #

020724167 2 , Recon is in breach of article 24 of said deed of trust (page 13 of 14)

(3) Cal-western Reconveyance (hereafter Calwest) claims to be new trustee

under the deed of trust of the home of Leonor Lopez but the Original Trustee in the

Deed of Trust in question was Landamerica Commonwealth Land Title Co. See

exhibit 1 doc. # 0206155505 3 , Calwest is in breach of article 24 of said deed of trust

(page 9 of 10)

(4) Quality Loan Services Corp. (hereafter Quality) claims to be new trustee

under the deed of trust of the home of Alejandro Rojas but the Original Trustee in

1 Deed of Trust Doc., of Daniel Jr & Olga Lopez reference Ln # 6610372-66103802 Deed of Trust Doc., of Daniel Sr & Rita Lopez reference Ln # 01471347613 Deed of Trust Doc., of Leonor Lopez reference Ln # 13363804


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the Deed of Trust in question was O ld Republic of Texas See exhibit 18 doc. #

207249173 4 , Quality is in breach of article 24 of said deed of trust, (page 12 of 14)

and

(5) The Wolf Firm (hereafter Wolf) claims to be new trustee under the deed of

trust of the home of Reynaldo Ortega but the Original Trustee in the Deed of Trust

in question was T.D. Services Co., See exhibit 24 doc. # 207025274 5 , Wolf is in

breach of article 24 of said deed of trust (page 11 of 12) .

Based on the foregoing, none of the new trustees alleged in the substitution of trustee

documents were the Original Trustees named in the Original Deeds of Trust, nor were

they substituted by named “lender” in each Deed of Trust pursuant to the governing

provisions set forth in each deed of trust in Article 24 cited below, which is the only

procedure for substitution of trustee, & which governs to the exclusion of all other

provisions for substitution of trustees , which renders each & every purported Sale, Deed

upon Sale & Purchase regarding each mortgage transaction set forth herein relating to

each plaintiff named herein void ab initio of no effect & unenforceable under the law of

the state of California.

INTENTIONAL NEGLIGENCE; GENERAL NEGLIGENCE; MISFEASANCE; MALFEASANCE; NONFEASANCE

--------------------------------------------------------------------------------------

The foregoing said Intentional Breaches of Promise, Breaches of Duty &

Breaches of Mandatory Express Provisions of the said Deeds of Trusts by said

4 Deed of Trust Doc., of Alejandro Rojas reference Ln # 40226245 Deed of Trust Doc., of Reynaldo Ortega reference Ln # 91w1016513


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Defendants was Intentional Negligence, General Negligence, & Misfeasance,

Malfeasance, & Nonfeasance for which said Defendants are Liable to Plaintiffs herein

for any Damages Caused thereby. Defendant Federal Housing Finance Agency

(hereafter “FHFA”) was created in 2008 under the Housing and Economic Recovery

Act of 2008, See partial copy attached hereto as exhibit # 316, wherein they were given

power by the United States Congress to take over a “Regulated Entity” & to place a

“Regulated Entity” under “Conservatorship” among other things, which they did to

Federal National Mortgage Association, N.A., aka FANIE MAE & Succeeded to all

Power, Authority, & Control of Fannie Mae, on 2/26/09, which is stated in the FORM

10-K Annual Report of Fannie Mae, for the fiscal year ended December 31, 2008 See

partial copy attached hereto as exhibit #306, filed with the United States Securities &

Exchange Commission, in Washington D.C., Commission File No. 0-50231, Pursuant

to the Securities Exchange Act of 1934. See Partial copy of said 10-K Report attached

hereto as exhibit 2 & is hereby incorporated herein by reference as if fully set forth

and is made a part hereof this complaint & Petition which the court is required to take

mandatory Judicial Notice of under California Evidence Code Section §§450-459. Said

Agency is the Real Party in Interest for said Fannie Mae.

Defendant Edward Demarco is the Director of FHFA, who has Sole Authority

& Responsibility over Fannie Mae & Their President & Officers, Fannie Mae is

purported to be the purchaser of the home & property of Plaintiffs, Leonor Lopez

located at 9212 Haupt Avenue, Bakersfield, California 93306; & Daniel Sr. & Rita

6 which is hereby incorporated herein by reference as if fully set forth & is made a part hereof this action, which the Court is required to take mandatory judicial notice of under California Evidence Code Section §§450-459


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Lopez located at 3307 Culver St., Bakersfield, California, 93306, & Alejandro Rojas

located at 9539 Brillo drive, Bakersfield Ca 93306, & Reynaldo Ortega located at 1619

Fremont street Bakersfield California 93304, from purported Public Auctions at

Bakersfield City Hall at 1501 Truxtun Avenue, Bakersfield, California 93301. The

said Purported Purchases by Fannie Mae were purported to be authorized in the deed

of trusts of Plaintiffs Leonor Lopez document # 0206155505 exhibit 1, Recorded on

6/27/06 in Kern County Recorders Office, Deed of Trust in reference to Plaintiffs

Daniel Sr. & Rita Lopez document # 0207241678 exhibit 7, Recorded on 12/7/07 in

Kern County Recorders Office, Also see attached declarations in support (exhibits 32

and 33) (said declarations of witnesses at purported auction which contradict said sale

and purchase) Deed of Trust in reference to Plaintiffs Alejandro Rojas document #

207249173 exhibit 18, Recorded on 12/19/2007 in Kern County Recorders Office, and

Deed of Trust in reference to Plaintiffs Reynaldo Ortega document # 207025274

exhibit 24, Recorded on 2/01/2007 in Kern County Recorders Office; purported to be

Security Instruments for purported mortgage loans, based upon purported promises

to pay back alleged loans with interest over a certain period of time, via purported

promissory notes allegedly signed by the Plaintiffs herein who have not received said

loans.

The said Fannie Mae, had no power, authority, or right to purchase any

property whatsoever at the time of their alleged purchase of the homes & property

of Plaintiffs Leonor Lopez, Daniel Sr & Rita Lopez, Alejandro Rojas, and Renaldo


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Ortega, as Fannie Mae was relieved of any power, authority, or right to do so on

the purported auction dates cited herein throughout this complaint. The actions of

Fannie Mae purporting to purchase the said homes & properties of Leonor Lopez

on 8/23/2010, of Daniel Sr & Rita Lopez on 3/16/2010, of Alejandro Rojas on

11/10/10, and of Reynaldo Ortega on 9/23/10, were void ab initio due to lack of

Capacity, Authority, Power or Right to act on their own, in the name of Fannie

Mae, in addition, Fannie Mae was not present at any of the alleged public sales of

the homes in question and never made a bid at the alleged public sales as they

alleged in said Trustee's Deeds upon Sale.

In addition, Fannie Mae and HSBC was not a Bonafide purchaser at any of the

said purported sales, due to the fact they had Prior Notice that (1) they were not

present at the purported trustee sale, (2) the purported auctioneer received no bid

at the purported sale and (3) the purported auctioneer stated the properties reverted

back to “bene” because there was no bids placed, (4) there was an IRS tax

dispute/discrepancy, (5) a loan dispute, & (6) a prior Rescission of the Deed of

Trust, mortgage, & promissory note by plaintiffs Daniel Jr. Lopez and Olga Lopez

and Leonor Lopez, & Daniel Sr & Rita Lopez, prior to the alleged Default &

Public Sale of the homes & properties in question.

In light of both alleged purchasers of the homes and properties of Plaintiffs

named herein, having been aware of said disputes of said plaintiffs, there cannot


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as a matter of Law be a Bonafide purchaser of said properties at the purported

trustee's sale. Thus, the purported subsequent Unlawful Detainer actions to evict

Daniel Jr and Olga Lopez from their home purported filed by HSBC is Null &

void, and a fraud and upon Plaintiffs, the court, and the public.

The purported subsequent Unlawful Detainer actions to evict plaintiffs from their

said homes purportedly filed by Fannie Mae are also void ab initio as they are not

prosecuted in the name of the Real Party in Interest as required by California law

under California Code of Civil procedure § 367. The real party in interest being the

Conservator FHFA, & their Director Edward Demarco, who are not named in said

UD actions, which renders any resulting judgment void ab initio.

Defendant HSBC Bank Usa, N.A. purports to be the purchaser of the home

& property of plaintiffs Daniel Jr & Olga Lopez, located at [9201 east Wilson road,

Bakersfield, California, 93307] at a purported public auction at City Hall at 1501

Truxtun avenue Bakersfield, California, purported to be authorized in a purported

Deed of Trust instrument # 0206274279 exhibit 13 recorded on 11/3/06 in Kern

County Recorders Office, which is purported to be a Security Instrument for a

alleged mortgage loan based on a purported promise to pay back an alleged “loan”

with interest over a certain period of time.

HSBC could not have as a matter of California law been the bonafide

purchaser of the property of Daniel Jr and Olga Lopez, because they had


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knowledge of the dispute over the subject property and the alleged mortgage

thereto prior to the purported trustee sale. The purported auctioneer of Plaintiffs

property stated that there was no bid and the property reverted back to “bene”

stating the bene was Aztec. It is obvious fraud due to the fact that HSBC

purports to be the purchaser who was not the beneficiary.

Fannie Mae and HSBC were served with Notices in writing prior

to the purported sales & purchases of homes & properties belonging to

Plaintiffs Daniel Jr & Olga Lopez, Daniel Sr & Rita Lopez, and Leonor

Lopez. Notices of Caveat Emptor/Actor were handed out to all persons

present & were posted at the sale site on the morning of the sale before

the alleged sale, informing them that the alleged mortgages & deeds of

trusts relating to said homes & properties were Rescinded prior to the

alleged Defaults & Elections to Sell, & were void ab initio, & that any

alleged sale would be also void ab initio, & was a fraud on the public &

a fraud on plaintiffs herein & that any purported purchase of said

homes & property was taken at their own peril & they would be sued in a

court of law for fraud, etc. & they would be liable for damages &

reconveyance of the title, etc. and purported lender & trustee were also


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served with the same notices prior to any issuance of Notice of Default

& Election to Sell, including Notices & Demands for proof of debt,

Notices of IRS tax fraud, Notices of Loan Dispute, & Notices of

Rescission based on the said disputes, tax fraud, fraud in the

inducement, fraud in the factum, etc.

All other named Defendants are corporate legal entities who are created for

& doing business for profit in the mortgage finance industry and / or their officers

& employees, & those similarly situated, each of whom purport to be & to have

been at all times relevant to this complaint agents or agencies of purported

“lenders,” when their names are found nowhere in the Deeds of Trusts of any

subject properties mentioned herein, See Deed of Trust of Plaintiffs Daniel Jr. and

Olga Lopez exhibit 13, which states “lender” is Ownit Mortgage Solutions Inc.,

See Deed of Trust of Leonor Lopez exhibit 1 which states “lender” is Pinnacle

Financial Corporation, See Deed of Trust of Plaintiffs Daniel and Rita Lopez

exhibit 7, which states “lender” is Suntrust Mortgage Corporation, See Deed of

Trust of Alejandro Rojas exhibit 18, which states “lender” is AmericaHomeKey

Inc., See Deed of Trust of Reynaldo Ortega exhibit 24, which states “lender” is

SBMC Mortgage. Wherein, said article 24 of each said Deed of Trust does not

allow the alleged substitutions that took place to be valid or enforceable, which


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renders the “substitutions” Void ab initio.

DUTY OF CARE OWED TO PLAINTIFFS

Upon the service of said Notices, Actual & Constructive, each named

Defendant should have known, had a duty to know, and did know that any

purported actions taken to sell the said homes & properties, & to purchase the said

homes & properties at an alleged public auction were a fraud upon the public, & a

fraud upon plaintiffs named herein, & they further had a duty of care under the

California Civil Code not to take any such actions & any such actions would also

amount to Intentional Neglect & Negligence for which they would all be liable to

Plaintiffs for in a Court of proper Jurisdiction.

EQUITABLE & COLLATERAL ESTOPPEL

All Defendants named & unnamed herein are Equitably & Collaterally

Estopped in Pais from asserting the Statute of Limitations as any Defenses

to any of the Causes of Action set out herein due to their Intentional

Knowing Concealment of the Facts giving Rise to the said Causes of Action

including the Fraud in the Inducement & Fraud in the Factum &

Promissory Fraud.

FACTS & ALLEGATIONS

(PLAINTIFF Leonor Lopez & DEFENDANTS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (MERS), ITS CEO/PRES. BILL BECKMAN; FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE), ITS CEO/DIR. MICHAEL WILLIAMS; FHFA & DIRECTOR EDWARD DEMARCO;


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CAL-WESTERN RECONVEYANCE & CEO/PRES. MARGARET PADILLA; JOE KRAZOVIC FOR BOTH MERS AND CALWEST; MARY ARIELEA FOR CAL WEST; BILL CULLANAN FOR CAL WEST; YVONNE J. WHEELER A.V.P. FOR CAL WEST)

On the date of 6/27/06, a Deed of Trust, bearing Kern County Recorders

Instrument number # 0206155505 exhibit 1, was Recorded in the Kern County

Recorders Office, as a Security Instrument for purported Loan # 13363804. The

Lender Named in the Deed of Trust was PINNACLE FINANCIAL CORPORATION,

the named Trustee's on said Deed of Trust was Landamerica Commonwealth land

Title Company, the named Beneficiary/Nominee of the Deed of Trust was MERS, who

is a named Defendant herein this Complaint. Article 24 of the said Deed of Trust

Expressly Stated:

“24. Lender, at its option, may from time to time appoint a successor trustee to any trustee appointed hereunder by an instrument executed and acknowledged by lender and recorded in the office of the Recorder of the county in which the property is located. The instrument shall contain the name of the original lender, trustee and Borrower, the book and page where this security instrument is recorded and the name and address of the successor trustee. Without conveyance of the property, the successor trustee shall succeed to all the title, powers and duties conferred upon the Trustee herein and by Applicable Law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution.”

Based upon the foregoing Express Mandatory Provision of said Deed of Trust

only the named “Lender” Pinnacle Financial Corporation was Authorized to issue any

Substitution of Trustee.

On the date of 6/15/2010, defendant MERS, who was not the named “lender”

under the Deed of Trust by & through its alleged employee Joe Krazovic who is also


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alleged employee of Cal-Western Reconveyance (alleged foreclosing trustee) signed &

recorded a document titled “Substitution of Trustee” with the Kern County Recorders

Office, Instrument # 0210078303 exhibit 4. The Substituted Trustee was purported to

be Cal-Western Reconveyance Corporation, Said purported Substitution of Trustee

was in Breach of the said Deed of Trust & was Void Ab Initio, & the Purported

Substituted Trustee Cal-Western Reconveyance Corporation was without any Powers

or Duties under said Deed of Trust, & all his Purported Actions Subsequently taken as

a Trustee under the said Deed of Trust, were Void Ab Initio of no Effect &

Unenforceable under the Law of the State of California. Cal-Western Reconveyance

Corporation executed and recorded a Notice of Default in the Kern County Recorders

Office on 4/1/2010, when it had not yet been substituted trustee at the time it issued the

Notice of Default as required by California law.

On the date of 4/1/10 the said purported Substituted Trustee “CalWest” Signed

& Recorded a Document titled “Notice of Default & Election to Sell” at the Kern

County Recorders Office Document # 0210043364 exhibit 2, Said Document was Void

Ab Initio as said Purported Substituted Trustee was without any Powers or Duties

under the Deed of Trust, Kern County Recorders Document # 0206155505 exhibit 1,

in addition, because it was not trustee at the time of said recording. Thereafter on

8/23/2010 said Purported Substituted Trustee Calwest purported to hold a Public Sale

of the Home & Property of Plaintiff Leonor Lopez & thereafter Purported to issue a

Trustees Deed Upon Sale (exhibit 5) to Purported Purchaser Fannie Mae.

The said Actions of defendant / Purported Substituted Trustee, “Calwest,” were


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Void Ab Initio as said alleged Trustee had no Power of Sale or Power to Convey the

Title to said Home & Property of Leonor Lopez under the said Deed of Trust as it

implied, which is clearly false, see Deed of Trust Document # 0206155505 exhibit 1.

BREACH OF THE DEED OF TRUSTDAMAGES

All the foregoing Acts & Actions of said Defendants were an Intentional,

Knowing & Willing Breach of the Mandatory & Express Agreements & Provisions in

the Deed of Trust, Kern County Recorders Document # 0206155505 exhibit 1. The

Said Defendants Fannie Mae, FHFA & Director Edward Demarco, Calwest, Mers, their

employee signatories of the aforementioned Substitutions of Trustee, Assignments,

Transfers, and or Conveyances, executed by Mary Arielea, Joe Krazovic, Bill Cullanan,

and Yvonne J. Wheeler, breached the Express Mandatory Trust Provisions &

Agreements, which said breaches Directly & Proximately Caused the Damages to

Plaintiff Leonor Lopez set forth herein this Complaint, for which aforementioned

Defendants are all personally liable Jointly & Severally to Plaintiff Leonor Lopez, & for

which said defendants are liable to Plaintiff for Punitive and Exemplary Damages, for

Wreckless Wanton Disregard of Plaintiff Leonor Lopez's Rights & for said Actions that

were made with Malice aforethought and Malicious Intent to do Harm & Injury to

Plaintiff Leonor Lopez named herein.

(PLAINTIFFS Daniel Sr and Rita Lopez AND DEFENDANTS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (MERS), ITS CEO/PRES. BILL BECKMAN; FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE), ITS CEO/DIR. MICHAEL WILLIAMS; FHFA & DIRECTOR EDWARD DEMARCO; RECONTRUST CO. & CEO/PRES. BRIAN T. MOYNIHAN; GARY NORD FOR MERS; ANGELICA MEDINA FOR RECON; LETICIA QUINTANA


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BOTH FOR MERS AND RECON; BETTY JO LIVINGSTON FOR RECON;)


Instrument number # 0207241678, was Recorded in the Kern County Recorders

Office, as a Security Instrument for purported Loan # 0147134761 exhibit 7. The

named “lender” Named in the Deed of Trust was Suntrust Mortgage Co., the named

Trustee on said Deed of Trust was Jackie Miller, the named Beneficiary of the Deed of

Trust was MERS, who is a named Defendant herein this Complaint. Article 24 of the

said Deed of Trust Expressly Stated:


Based upon the foregoing Express Mandatory Provision of said Deed of Trust only

the Lender “Suntrust” was Authorized to issue any Substitution of Trustee. In this case

MERS purports to have executed a substitution of trustee.

On the date of: 2/23/2010 , defendant MERS, who was not the “lender” under the

Deed of Trust by & through their employee Gary Nord, signed & recorded a document

titled “Substitution of Trustee” with the Kern county recorders office, instrument #

0210022978 exhibit 9 . The Substituted Trustee was purported to be Recon, said


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purported Substitution of Trustee was in Breach of article 24 of the said Deed of Trust

and its governing provisions & was Void Ab Initio, & the Purported Substituted Trustee

Recon was without any Powers or Duties under said Deed of Trust, & all his Purported

Actions Subsequently taken as a Trustee under the said Deed of Trust were Void Ab

Initio, of No Effect & unenforceable under the Law of the State of California. Over six

months prior on the date of 8/13/2009 the said purported Substituted Trustee, Recon

Signed & Recorded a Document at the Kern County Recorders Office titled “Notice of

Default & Election to Sell” Kern County Recorders Office Document # 0209118510

exhibit 8 . Said Document was Void Ab Initio as said Purported Substituted Trustee was

without any Powers or Duties under the Deed of Trust, Kern County Recorders

Document # 0207241678 exhibit 7. T hereafter on 3/16 /2010 said Purported Substituted

Trustee Recon purported to hold a Public Sale of the Home & Property of Plaintiff

Daniel Sr. and Rita Lopez & thereafter Purported to issue a Trustees Deed Upon Sale

(exhibit 11) to Purported Purchaser “Fannie Mae”

The said Actions of Purported Substituted Trustee Recon were Void Ab Initio, as

said Purported Trustee had no Power of Sale or Power to Convey the Title to said Home

& Property under the said Deed of Trust, Kern County Recorders Office Document #

0207241678 (exhibit 7).


All the foregoing Acts & Actions of said Defendants were an Intentional, Knowing

& Willing Breach of the Mandatory & Express Agreements & Provisions in the Deed of


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Trust, Kern County Recorders Document # 0207241678 exhibit 7 . The Said Defendants

Fannie Mae, MERS, FHFA & Director Edward Demarco, Recon, Gary Nord, Angelica

Medina, Leticia Quintana, and Betty Jo Livingston, Breached the Express Mandatory

Trust Provisio22ns & Agreements, which Directly & Proximately Caused the Damages to

the named Plaintiffs Daniel Sr. & Rita Lopez set forth herein this Complaint, for which

the said Defendants are all personally liable Jointly & Severally to named Plaintiffs

Daniel Sr. & Rita Lopez herein, & for which they are liable to Plaintiffs for Punitive &

Exemplary Damages for Wreckless Wanton Disregard, of Plaintiffs Rights & for said

Actions that were Malice aforethought with Malicious intent to do Harm & Injury to

Plaintiffs Daniel Sr. & Rita Lopez named herein.

(PLAINTIFF ALEJANDRO ROJAS & DEFENDANTS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (MERS), ITS CEO/PRES. BILL BECKMAN; FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE), ITS CEO/DIR. MICHAEL WILLIAMS; QUALITY & CEO/PRES. KEVIN McCARTHY; FHFA & DIRECTOR EDWARD DEMARCO; MARY JANE SARNE FOR MERS; KELI TUNE AUTH. SIGNER FOR QUALITY; KARLA SANCHEZ ASST. SEC. FOR QUALITY; BONNIE JEAN DAWSON AUTH. AGE NT FOR QUALITY)



Recorders Office, as a Security Instrument for purported Loan # 4022624. The Named

“Lender” in the Deed of Trust was AMERICAHOMEKEY INC., the named Trustee's

on said Deed of Trust was Old Republic Title Company, the named

Beneficiary/nominee of the Deed of Trust was MERS, who is a named Defendant

herein this Complaint. Article 24 of the said Deed of Trust Expressly Stated:


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only the named “Lender” “AMERICAHOMEKEY INC.” was Authorized to issue any

Substitution of Trustee. On the date of 2/2/2010, Defendant MERS, who was not the

“lender” under the Deed of Trust by & through their employee Mary Jane Sarne,

signed & recorded a document titled “Substitution of Trustee” with the Kern County

Recorders Office, instrument # 210013632 exhibit 20, the Substituted Trustee was

purported to be Quality Loan Services Corporation.

Said purported Substitution of Trustee was in Breach of the article 24 of the

said Deed of Trust & was Void Ab Initio, & the Purported Substituted Trustee

“Quality Loan Services Corporation” was without any Powers or Duties under said

Deed of Trust, & all his Purported Actions Subsequently taken as a Trustee under the

said Deed of Trust were Void Ab Initio, of no Effect & unenforceable under the Law

of the State of California. Three months prior on the date of 12/17/09 the said

purported Substituted Trustee “Quality Loan Services Corporation” Signed &

Recorded a Document at the Kern County Recorders Office titled “Notice of Default


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& Election to Sell” Kern County Recorders Office Document # 209184823 exhibit 19.

Said Document was Void Ab Initio as said Purported Substituted Trustee was

without any Powers or Duties under the Deed of Trust Document # 0206070772

exhibit 18, thereafter on 11/10/2010 said Purported Substituted Trustee Quality Loan

Services Corporation purported to hold a Public Sale of the Home & Property of

Plaintiff Alejandro Rojas & thereafter Purported to issue a Trustees Deed Upon Sale

(exhibit 23) to Purported Purchaser “Fannie Mae.”

The said Actions of Purported Substituted Trustee Quality Loan Services

Corporation were Void Ab Initio, as said Purported Trustee had no Power of Sale or

Power to Convey the Title to said Home & Property under the said Deed of Trust

Document # 0206070772 exhibit 18, recorded in the Kern County Recorders Office.




the Deed of Trust Document # 0206070772 exhibit 18. The Said Defendants Fannie

Mae, MERS, FHFA & Director Edward Demarco, Quality, Mary Jane Sarne for

Mers, Keli Tune Auth. signer for Quality, Karla Sanchez Asst. Sec. for Quality; Bonnie Jean

Dawson Auth. agent for Quality, did Breach the Express Mandatory Trust Provisions of

article 24 & Agreements, which Directly & Proximately Caused the Damages to the

named Plaintiff Alejandro Rojas set forth herein this Complaint, for which the said

Defendants are all personally liable Jointly & Severally to named Plaintiff Alejandro


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Rojas herein, & for which they are liable to Plaintiff Alejandro Rojas for Punitive &

Exemplary Damages for Wreckless Wanton Disregard of Plaintiffs Rights & for said

Actions that were Malice aforethought with Malicious intent to do Harm & Injury to

Plaintiff Alejandro Rojas.

(PLAINTIFF REYNALDO ORTEGA & DEFENDANTS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (MERS), ITS CEO/PRES. BILL BECKMAN; FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE), ITS CEO/DIR. MICHAEL WILLIAMS; FHFA & DIRECTOR EDWARD DEMARCO; THE WOLF FIRM & CEO/PRES. ALAN S. WOLF; SUCHAN MURRAY FOR MERS; RENAE C. MURRAY FOR WOLF)



Recorders Office, as a Security Instrument for purported Loan # 91W1016513 The

Named “Lender” in the Deed of Trust was SBMC Mortgage, the named Trustee's on

said Deed of Trust was T.D. Services Corporation, the named Beneficiary/nominee of

the Deed of Trust was MERS, who is a named Defendant herein this Complaint.

Article 24 of the said Deed of Trust Expressly Stated:



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only the Lender “SBMC MORTGAGE” was Authorized to issue any Substitution of

Trustee.

On the date of 9/3/2010, Defendant MERS, who was not the lender under the

deed of trust by & through their employee Suchan Murray, signed & recorded a

document titled “Substitution of Trustee” with the Kern county recorders office,

instrument # 210122028, exhibit 27. The Substituted Trustee was purported to be

Wolf. Said purported Substitution of Trustee was in Breach of the article 24 of said

Deed of Trust & was Void Ab Initio, & the Purported Substituted Trustee Wolf was

without any Powers or Duties under said Deed of Trust, & all its Purported Actions

Subsequently taken as a Trustee under the said Deed of Trust were Void Ab Initio, of

no Effect & unenforceable under the Law of the State of California.

Three months prior, on the date of 6/1/2010 the said purported Substituted

Trustee Wolf Signed & Recorded a Document at the Kern County Recorders Office

titled “Notice of Default & Election to Sell” Kern County Recorders Office Document

# 210071717 exhibit 25.

Said Document was Void Ab Initio as said Purported Substituted Trustee was

without any Powers or Duties under the Deed of Trust, Kern County Recorders

Document # 210122028 exhibit 24. Thereafter on 9/23/2010 said Purported Substituted

Trustee Wolf purported to hold a Public Sale of the Home & Property of Plaintiff

Reynaldo Ortega & thereafter Purported to issue a Trustees Deed Upon Sale to

Purported Purchaser “Fannie Mae.” (exhibit 28)


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The said Actions of Purported Substituted Trustee Wolf were Void Ab Initio, as

said Purported Trustee had no Power of Sale or Power to Convey the Title to said

Home & Property under the said article 24 of Deed of Trust Document # 210122028

exhibit 24, recorded in the Kern County Recorders Office.




article 24 of the Deed of Trust Document # 20724917 exhibit 24 recorded Kern County

Recorders Office.

The Said Defendants Fannie Mae, MERS, FHFA & Director Edward Demarco,

Wolf, Suchan Murray, Renae C. Murray, did Breach the Express Mandatory deed of

Trust Provisions of article 24 & Agreements, which Directly & Proximately Caused

the Damages to the named Plaintiff Reynaldo Ortega set forth herein this Complaint,

for which the said Defendants are all personally liable Jointly & Severally to named

Plaintiff Reynaldo Ortega herein, & for which they are liable to Plaintiff Reynaldo

Ortega for Punitive & Exemplary Damages for Wreckless Wanton Disregard of

Plaintiffs Rights & for said Actions that were Malice aforethought with Malicious

intent to do Harm & Injury to Plaintiff Reynaldo Ortega.

(PLAINTIFFS Daniel: Lopez Jr. & Olga Lopez & DEFENDANTS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (MERS), ITS CEO/PRES. BILL BECKMAN; HSBC & CEO/PRES. IRENE DORNER, AZTEC FORECLOSURE CORPORATION & CEO/PRES. GERALD SHAPIRO, ROBBIE WEAVER, ELAINE MALONE)


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Recorders Office, as a Security Instrument for purported Loan #'s 6610372-6610380.

The named “Lender” in the Deed of Trust was Ownit Mortgage Solutions Inc.,

the named Trustee on said Deed of Trust was Chicago Title Co., the named

Beneficiary/nominee of the aforementioned Deed of Trust was MERS, who is a named

Defendant herein this Complaint because it acted with authority damaging plaintiffs

Daniel Jr and Olga Lopez. Article 24 of the said Deed of Trust Expressly Stated:



only the named “Lender” Ownit Mortgage Solutions Inc. was Authorized to issue any

Substitution of Trustee, not MERS and or Aztec Foreclosure Corporation.

On the date of 3/23/09, defendant MERS, who was not the named lender under

the Deed of Trust, by & through their purported employee Robbie Weaver [who also

purports to be an employee of Aztec Foreclosure Corporation], executed, signed, &

recorded a document titled “Substitution of Trustee” with the Kern county recorders


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office, instrument # 0209040697 exhibit 15.

The Substituted Trustee was purported to be Aztec Foreclosure Corporation.

Said purported Substitution of Trustee was in Breach of the said article 24 of the said

Deed of Trust & was Void Ab Initio, & the Purported Substituted Trustee “Aztec

Foreclosure Corporation” was without any Powers or Duties under said Deed of

Trust, & all its Purported Actions Subsequently taken as a Trustee under the said

Deed of Trust were Void Ab Initio, of no Effect & Unenforceable under the Law of the

State of California.

In addition, Nearly four months prior on the date of 11/24/08, the said

purported Substituted Trustee “AZTEC” Signed & Recorded a Document at the Kern

County Recorders Office titled “Notice of Default & Election to Sell” Kern County

Recorders Office Document # 0208182206 exhibit 14. Said Document was Void Ab

Initio as said Purported Substituted Trustee was without any Powers or Duties under

the Deed of Trust Document # 0206274279, exhibit 13, recorded in Kern County

Recorders Office. Thereafter on 5/19/09 said Purported Substituted Trustee Aztec

purported to hold a Public Sale of the Home & Property of Plaintiff Daniel Jr and

Olga Lopez & thereafter Purported to issue a Trustees Deed Upon Sale (exhibit 16) to

Purported Purchaser “HSBC BANK USA N.A.”

The said Actions of Purported Substituted Trustee Aztec Foreclosure

Corporation were Void Ab Initio, as said Purported Trustee had no Power of Sale or

Power to Convey the Title to said Home & Property under the article 24 of the said

Deed of Trust Document # 0206274279 exhibit 13, recorded in the Kern County


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Recorders Office.



Knowing & Willing Breach of the Mandatory & Express Agreements & Provisions

in article 24 of the Deed of Trust Document # 0206274279 exhibit 13, recorded in

the Kern County Recorders Office.

The Said Defendants HSBC Bank Usa N.A., MERS, Aztec, their purported

employees/officers, Robbie Weaver, Elaine Malone and Gerald Shapiro, did

Breach the Express Mandatory deed of Trust Provisions in article 24 &

Agreements which Directly & Proximately Caused the Damages to the named

Plaintiffs Daniel Lopez Jr. & Olga Lopez set forth herein this Complaint, for

which the said Defendants are all personally liable Jointly & Severally to Plaintiffs

Daniel Jr & Olga Lopez, & for which they are liable to Plaintiffs for Punitive &

Exemplary Damages for Wreckless Wanton Disregard, of Plaintiffs Rights & for

said Actions that were Malice aforethought with Malicious intent to do Harm &

Injury to Plaintiffs Daniel Lopez Jr. & Olga Lopez.

INAPPLICABILITY OF THE TENDER RULE UNDER THE FACTS & LAW

-------------------------------------------------------------------------------

Under the facts & Law of this Case the alleged actions of the Purported


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Substituted Trustees were completely without any authority under the original

Deed of Trust, & they had no Powers or Duties under the said Original Deeds of

Trust, & no Power of Sale which Rendered all purported Sales & Trustees Deeds

upon Sale Void Ab Initio. Because the purported sales & Trustee's Deeds upon

Sale were all “Void” & not merely “Voidable,” Plaintiffs named herein are not

required to rely upon Equity to attack the Trustees Deeds Upon Sale, and are not

required to meet any of the burdens imposed when, as a matter of Equity, a party

wishes to set aside a “voidable” deed. (See Little v. CFS Service Corp., supra, 188

Cal.App.3d at p. 1359.) In particular, Plaintiffs were not required to tender any of

the amounts due under the note. Dimock v. Emerald Properties (2000) 81

Cal.App.4th 868, at pages 876 & 878 where the Appellate Court Stated:

AT PAGE 876:

[“B. The Commonwealth Conveyance to Emerald Was Void [3a] As Dimock points out, because Commonwealth had no power to convey his property its deed to Emerald was void as opposed to merely voidable. That is, the Commonwealth deed was a complete nullity with no force or effect as opposed to one which may be set aside but only through the intervention of equity. (See Little v. CFS Service C orp. (1987) 188 Cal.App.3d 1354 , 1358-1359 [233 Cal.Rptr. 923].)”]

AND AT PAGE 878:

[“Because Dimock was not required to rely upon equity in attacking the deed, he was not required to meet any of the burdens imposed when, as a matter of equity, a party wishes to set aside a voidable deed. (See Little v. CFS Service Corp., supra, 188 Cal.App.3d at p. 1359.) In


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particular, contrary to the defendants' argument, he was not required to tender any of the amounts due under the note.”]

DECLARATORY RELIEF ---------------------------------------------------------

Plaintiffs herein are interested parties under Written Instruments, Deeds of

trust, Document Numbers 0207241678 7 Recorded 12/7/2007 exhibit 7;

0206274279 8 Recorded 11/03/06 exhibit 13; 0206155505 9 Recorded 6/27/2006

exhibit 1; 0206070772 10 Recorded 3 /24/2006 exhibit 18; and 0207025274 11

recorded 2/1/2007 exhibit 24; and desire (1) a Declaration of their Rights & Duties

& the Rights & Duties of Defendants named herein with respect to the said Deeds

of Trust of Plaintiffs Homes & Property related thereto & (2) a Declaration

including a determination of the Question of Construction & Proper Interpretation

& Application of Article 24 of each Deed of Trust cited herein this Complaint, (i)

including the Validity of the Substitution of Trustee documents issued by

defendant MERS & their purported officers & employees set forth in this

complaint & (ii) the Validity of all Subsequent Notices & Actions of the Purported

Substituted Trustees.

RELATED CASES

7 Deed of Trust of Daniel Sr and Rita Lopez8 Deed of Trust of Daniel Jr and Olga Lopez9 Deed of Trust of Leonor Lopez10 Deed of Trust of Alejandro Rojas11 Deed of Trust of Reynaldo Ortega


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There is presently on going Disputes between Plaintiffs & Defendants named herein,

in Unlawful Detainer Cases #'s S-1500-CL-25428712; S-1500-CL-24933913; S-1500-CL

25362214; S-1500-CL-25886015, and S-1500-CL-25748016 filed in the above stated

court wherein the said Defendants are attempting to take Plaintiffs homes & Property

Away from them based upon the alleged Authority of MERS & The alleged

Substituted Trustees purportedly pursuant to the said Deeds of Trusts. The foregoing

issues can not be fully litigated or determined in the said Unlawful Detainer actions as

said actions are summary proceedings intended to be quickly disposed of in the

Limited Civil Jurisdiction, which is why Plaintiffs must litigate the issues in this

separate action.

As set forth herein this Complaint, Plaintiffs contend that the alleged

Substitution of Trustee Documents in the cases set forth herein by Defendant MERS,

its alleged Officers, Employees & those similarly situated were Void without any

Authority under and pursuant to the governing provisions of said article 24 of the

aforementioned Deeds of Trusts & all subsequent Actions of any purported

Substituted Trustees were Void Ab Initio, Rendering any alleged Sales by said

Substituted Trustees Void Ab Initio, & all alleged Trustees Deeds upon sale, issued by

any Substituted Trustees Void Ab Initio, requiring this Court to Issue a Declaration

Declaring them so, & to Issue Appropriate Injunctive Relief, Enjoining the Defendants

their Successors & Privies from taking any further actions against the said Homes &

12 HSBC BANK USA N.A. “..” V. DANIEL AND OLGA LOPEZ13 FANNIE MAE V. DANIEL AND RITA LOPEZ14 FANNIE MAE V. LEONOR LOPEZ15 FANNIE MAE V. ALEJANDRO ROJAS16 FANNIE MAE V. RAYNALDO ORTEGA


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Properties of Plaintiffs named herein based upon the said Notice of Default and

election to sell, Substitution of Trustees, Assignments, & Trustee's Deeds upon sale, as

set forth herein this Complaint.

INJUNCTIVE RELIEF; C.C.P. § 525 ET SEQUITER

The Records in Exhibits attached hereto, including the Deeds of Trust, the

Notices of Default & Election to Sell Issued by the alleged Substituted Trustee,

the Substitution of Trustee Documents Issued by the alleged Substituted

Trustee, the Notice of Trustee's Sale Issued by the alleged Substituted Trustee,

& the Trustees Deeds upon sale issued by purported Substituted Trustees in this

Case, establish as a matter of fact and Law that the Plaintiffs herein are

entitled to issuance of both a Temporary & Permanent Injunction

Enjoining the named Defendants, their privies, Successors, Heirs,

Assigns, and those similarly situated from taking any further Action

Against the Home & Property of Plaintiffs named herein, as the

Substitution of Trustee Documents were Void as unauthorized under

Article 24 of the Deeds of Trust in each case cited herein, & all

Subsequent Actions of the alleged Substituted Trustees were also Void

Ab Initio, including the purported Sales & Trustees Deeds upon sale


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issued by the Substituted Trustees.

The Obligations of Defendants named herein arose from a Trust set forth

in the Deeds of Trust attached Exhibit(s) #'s 1, 7, 13, 18, and 24. Said Injunction

is necessary to prevent the loss of Plaintiffs Home & Property, which is their

primary place of [residence] and their only home, & such a loss would result in

Irreparable Harm & Injury as mere Pecuniary Compensation could not fully

remedy the Loss & Injury incurred. Failure to Issue an Injunction will render

any Judgment in Plaintiffs favor, Ineffectual, as Defendants are at present

proceeding in the aforementioned Unlawful Detainer Actions to take away

Plaintiffs Homes & Properties based upon Void Actions set forth herein this

Complaint.

DAMAGES FROM THE BREACH OF THE TRUST

Named Plaintiffs herein Suffered the Following Damages as a Direct & or

Proximate Cause of the foregoing cited Breaches of Trust, Breaches of Promises

& Breaches of Duties by said Defendants:

(TO PLAINTIFF Leonor Lopez)

1. Damages to Plaintiff Leonor Lopez for Mental & Emotional Distress & Anguish

Due to Defendants Fannie Mae ceo/pres. Micheal Williams; Mers ceo/pres. Bill

Beckman; FHFA its Director Edward Demarco; Calwest, its CEO/Pres.


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Margaret Padilla; their alleged employees/officers/signatories, Joe Krazovic,

Mary Arielea, Bill Cullanan, Yvonne J. Wheeler, unauthorized Actions in

issuing the Unauthorized Substitution of Trustee Document & Notices of

Default & Election to Sell; Purporting to Sell Plaintiff Leonor Lopez's Home &

Property; Purporting to issue a Trustees Deed upon Sale to a Purported

Purchaser Fannie Mae.

2. Damages for Costs & Expenses of Void Unlawful Detainer actions brought

against Plaintiff Leonor Lopez by purported purchaser Fannie Mae.

3. Cost & Expense of bringing this Law Suit.

(TO PLAINTIFF Daniel Sr & Rita Lopez)

1. Damages to Plaintiffs Daniel Lopez Sr. & Rita Lopez for Mental & Emotional

Distress & Anguish Due to Defendants Fannie Mae ceo/pres. Micheal Williams;

Mers ceo/pres. Bill Beckman; FHFA & Director Edward Demarco, Recontrust

Company, its CEO/Pres. Brian T. Moynihan; Gary Nord; Betty Jo Livinston;

Angelica Medina; Leticia Quintana; unauthorized Actions in issuing the

Unauthorized Substitution of Trustee Document, Notices of Default, & Election

to Sell; Purporting to Sell Plaintiffs Daniel Sr. & Rita Lopez's Home &

Property; Purporting to issue a Trustees Deed upon Sale to Purported

Purchaser “Fannie Mae.”

2. Damages for Costs & Expenses of Void Unlawful Detainer Actions and

judgments and eviction brought against Plaintiffs Daniel Sr. & Rita Lopez's by

purported purchaser Fannie Mae.


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(TO PLAINTIFF Alejandro Rojas)

1. Damages to Plaintiff Alejandro Rojas for Mental & Emotional Distress &

Anguish Due to Defendants Fannie Mae ceo/pres. Micheal Williams; Mers

ceo/pres. Bill Beckman; FHFA & Director Edward Demarco, Quality Home

Loan corporation, its CEO/Pres. Kevin McCarthy; Mary Jane Sarne for Mers;

Keli Tune Auth. Signer for Quality, Karla Sanchez Asst. Sec. for Quality; Bonnie Jean

Dawson Auth. Agent for Quality, unauthorized Actions in issuing Unauthorized

Substitution of Trustee Document & Issuing Unauthorized Notices of Default &

Election to Sell; Unauthorized Actions in Purporting to Sell Plaintiff Alejandro

Rojas's Home & Property; Purporting to issue a Trustees Deed upon Sale to

Purported Purchaser Fannie Mae.


against Plaintiff Alejandro Rojas by purported purchaser Fannie Mae.


(TO PLAINTIFF Reynaldo Ortega)

1. Damages to Plaintiff Reynaldo Ortega for Mental & Emotional Distress &

Anguish Due to Defendants Fannie Mae ceo/pres. Micheal Williams; Mers

ceo/pres. Bill Beckman; FHFA & Director Edward Demarco; The Wolf Firm,

its CEO/Pres. Alan S. Wolf; Suchan Murray; Renae C. Murray; unauthorized

Actions in issuing Unauthorized Substitution of Trustee Document & Issuing


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unauthorized Notices of Default & Election to Sell; unauthorized Actions in

Purporting to Sell Plaintiff Reynaldo Ortega Home & Property; Purporting to

issue a Trustees Deed upon Sale to a Purported Purchaser Fannie Mae.


against Plaintiff Reynaldo Ortega by purported purchaser Fannie Mae.


(TO PLAINTIFFS Daniel Jr and Olga Lopez)

1. Damages to Plaintiff Daniel Jr & Olga Lopez for Mental & Emotional Distress

& Anguish Due to Defendants HSBC, ceo/pres. Irene Dorner; MERS ceo/pres.

Bill Beckman; Aztec Foreclosure Corporation, its CEO/Pres. Gerald Shapiro,

Robbie Weaver, and Elaine Malone, Unauthorized Actions in Issuing

Unauthorized Substitution of Trustee Document & Unauthorized Notices of

Default & Election to sell & purporting to sell Plaintiffs Daniel Jr & Olga Lopez

home & property; purporting to issue a Trustees Deed upon Sale to a purported

purchaser “HSBC.”

2. Damages for costs & expenses of void unlawful detainer actions brought against

Plaintiffs Daniel Jr & Olga Lopez by purported purchaser HSBC;

3. Cost & expense of bringing this law suit.

SPECIAL ALLEGATIONSPUNITIVE & EXEMPLARY DAMAGES

The said Actions of named Defendants herein were Intentionally, Knowingly,

Willingly carried out with the Malicious Intent to cause Harm & Injury to all


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Plaintiffs named herein, with Wreckless Wanton Disregard for the Rights, Interests &

Property of Plaintiffs named herein. The foregoing facts subject said Defendants to

Punitive & Exemplary Damages in this Case.

CAUSES OF ACTION

IBREACH OF TRUST

AGAINST ALL DEFENDANTS--------------------------------------------------------

Plaintiffs herein re-allege by reference all the foregoing facts & allegations in

this Complaint as if fully set forth. The foregoing Actions by the Named Defendants

was a Breach of the Deed of Trust & Breach of Trust, for which all named Defendants

are liable to Plaintiffs for any and all Damages Directly & or proximately resulting

therefrom.

CAUSES OF ACTIONII

INTENTIONAL NEGLIGENCEAGAINST ALL DEFENDANTS

--------------------------------------------------------Plaintiffs herein re- allege by reference all the foregoing facts & allegations in


was intentional Negligence, for which all named Defendants are liable to Plaintiffs for

any Damages Directly & or proximately resulting therefrom.

CAUSES OF ACTIONIII

GENERAL NEGLIGENCEAGAINST ALL DEFENDANTS

--------------------------------------------------------



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was General Negligence, for which all named Defendants are liable to Plaintiffs for

any Damages Directly & or proximately resulting therefrom.

CAUSES OF ACTIONIV

MISFEASANCE; MALFEASANCE; NONFEASANCEAGAINST ALL DEFENDANTS

--------------------------------------------------------



was Misfeasance; Malfeasance; Nonfeasance, for which all named Defendants are

liable to Plaintiffs for any Damages Directly & or proximately resulting therefrom.

PRAYER-DEMAND FOR RELIEF

Wherefore, Plaintiffs Demand the following Relief for:

Breach of Trust

1. Damages in the amount of: $275,000.00 for Plaintiff Daniel Jr Lopez, or an amount

to be Determined by a Jury or Trier of fact for Breach of Trust;

2. Damages in the amount of: $275,000.00, for Plaintiff Olga Lopez, or an amount to

be Determined by a Jury or Trier of fact for Breach of Trust;

3. Damages in the amount of: $275,000.00, for Plaintiff Leonor Lopez, or an amount

to be Determined by a Jury or Trier of fact for Breach of Trust;


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4. Damages in the amount of: $275,000.00, for Plaintiff Daniel Sr Lopez, or an

amount to be Determined by a Jury or Trier of fact for Breach of Trust;

5. Damages in the amount of: $275,000.00, for Plaintiff Rita Lopez, or an amount to

be Determined by a Jury or Trier of fact for Breach of Trust;

6. Damages in the amount of: $275,000.00, for Plaintiff Alejandro Rojas, or an


7. Damages in the amount of: $275,000.00, for Plaintiff Reynaldo Ortega, or an


INTENTIONAL NEGLIGENCE

8. Damages in the amount of: $150,000.00, for Plaintiff Daniel Jr Lopez, or an

amount to be Determined by a Jury or Trier of fact for Intentional Negligence;


be Determined by a Jury or Trier of fact for Intentional Negligence;


to be Determined by a Jury or Trier of fact for Intentional Negligence;



12. Damages in the amount of: $150,000.00, for Plaintiff Rita Lopez, or an amount


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to be Determined by a Jury or Trier of fact for Intentional Negligence;





GENERAL NEGLIGENCE

12. Damages in the amount of: $150,000.00, for Plaintiff Rita Lopez or an amount to

be Determined by a Jury or Trier of fact for General Negligence;


amount to be Determined by a Jury or Trier of fact for General Negligence;



15. Damages in the amount of: $150,000.00, for Plaintiff Daniel Jr Lopez or an


16. Damages in the amount of: $150,000.00, for Plaintiff Olga Lopez, or an amount

to be Determined by a Jury or Trier of fact for General Negligence;

17. Damages in the amount of: $150,000.00, for Plaintiff Leonor Lopez, or an


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MENTAL & EMOTIONAL DISTRESS & ANGUISH


to be Determined by a Jury or Trier of fact for Mental & Emotional Distress &

Anguish;

18. Damages in the amount of: $250,000.00, for Plaintiff Daniel Sr. Lopez, or an

amount to be Determined by a Jury or Trier of fact for for Mental & Emotional

Distress & Anguish;


be Determined by a Jury or Trier of fact for for Mental & Emotional Distress &

Anguish;



Distress & Anguish;




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Distress & Anguish;

22. Damages in the amount of: $250,000.00, for Plaintiff Olga Lopez, or an amount

to be Determined by a Jury or Trier of fact for for Mental & Emotional Distress &

Anguish;



Distress & Anguish;

MISFEASANCE, MALFEASANCE, NONFEASANCE


amount to be Determined by a Jury or Trier of fact for Misfeasance, Malfeasance,

Nonfeasance;


be Determined by a Jury or Trier of fact for Misfeasance, Malfeasance, Nonfeasance;

25. Damages in the amount of: $450,000.00, for Plaintiff Leonor Lopez , or an amount

to be Determined by a Jury or Trier of fact for Misfeasance, Malfeasance,

Nonfeasance;




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Nonfeasance;


be Determined by a Jury or Trier of fact for Misfeasance, Malfeasance, Nonfeasance;



Nonfeasance;



Nonfeasance;

DECLARATORY RELIEF

30. (1) Declaratory relief including a Declaration of the Rights & Duties of the

parties under the Deed of Trust relating to its specific governing provisions set forth in

article 24 therein, & the Construction thereof & the Question of Validity of the

Substitution of Trustees documents executed by MERS & the subsequent actions of all

Substituted Trustees; (2) A Final Declaration by the court that only the named

“lender” was authorized to execute a Substitution of Trustee pursuant the governing

provisions set forth in Article 24 in each Deed of Trust cited herein, attached as

exhibits hereto this complaint & the purported Substitution of Trustees by MERS, its

employees/officers/signatories, as described herein, were all void ab initio & all Acts,


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Actions, Notices, Sales, Trustees Deeds upon Sale engaged in by all Substituted

Trustees regarding the Deeds of Trust attached hereto were & are void ab initio of no

effect whatever & unenforceable under the laws of the State of California (3) Issuance

of an order directing the said defendants to record a re-conveyance of title to the

homes & properties of plaintiffs in the Kern county recorders office immediately &

forthwith at the earliest practicable time (4) An order directing Defendants Federal

Housing Finance Agency as real party in interest for federal national mortgage

association aka FANIE MAE, its Director Edward Demarco to return to plaintiffs

Daniel Sr & Rita Lopez their home immediately & forthwith at the earliest practicable

time.

INJUNCTIVE RELIEF

31. (1) A Temporary Restraining order or Injunction enjoining defendants from

taking any action against the homes and properties of defendants until completion of

the litigation on the merits or further order of the court, (2) Issuance of a Permanent

Injunction against defendants forever enjoining them, their agents or agencies, heirs

assigns, privies, successors, and those similarly situated from taking any action against

the homes & property of plaintiffs named herein based upon the void “Notices of

Default & Election to Sell,” “Substitution of Trustees,” “Assignments,” “Notices of

Trustee's Sales,” and “Trustee's Deeds Upon Sales” issued by MERS, ONEWEST,

its/their employees, officers, agents, successors, assigns, signatories, and those

similarly situated.


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-VERIFICATION-

We the undersigned hereby Declare under Penalty of Perjury under the laws of

the State of California that we Executed the foregoing Civil Complaint for Damages &

for Declaratory & Injunctive Relief & we know the contents therein & further declare

that the same is true and correct, except for those allegations based upon information

& belief and as to those allegations we believe them to be true. Executed by our hands

on this day, the day of 11/ /11, in the County of Kern, Republic state of California,

Daniel Jr. Lopez

Olga Lopez

Leonor Lopez

Daniel Sr. Lopez

Rita Lopez

Alejandro Rojas

Reynaldo Ortega


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EXHIBIT PAGE

LIST OF EXHIBITS

EXHIBIT 1 DEED OF TRUST (LEONOR LOPEZ)EXHIBIT 2 NOTICE OF DEFAULT (LEONOR LOPEZ)EXHIBIT 3 ASSIGNMENT OF DEED OF TRUST (LEONOR LOPEZ)EXHIBIT 4 SUBSTITUTION OF TRUSTEE (LEONOR LOPEZ)EXHIBIT 5 NOTICE OF TRUSTEE'S SALE (LEONOR LOPEZ)EXHIBIT 6 TRUSTEE'S DEED UPON SALE (LEONOR LOPEZ)EXHIBIT 7 DEED OF TRUST (DANIEL SR & RITA LOPEZ)EXHIBIT 8 NOTICE OF DEFAULT (DANIEL SR & RITA LOPEZ)EXHIBIT 9 SUB. OF TRUSTEE AND ASSMT. OF DEED OF TRUST (DAN SR & RITA)EXHIBIT 10 CORPORATION ASSIGNMENT OF DEED OF TRUST (DAN SR & RITA)EXHIBIT 11 NOTICE OF TRUSTEE'S SALE (DANIEL SR & RITA)EXHIBIT 12 TRUSTEE'S DEED UPON SALE (DANIEL SR & RITA)EXHIBIT 13 DEED OF TRUST (DANIEL JR & OLGA)EXHIBIT 14 NOTICE OF DEFAULT (DANIEL JR & OLGA)EXHIBIT 15 SUBSTITUTION OF TRUSTEE (DANIEL JR & OLGA)EXHIBIT 16 NOTICE OF TRUSTEE'S SALE (DANIEL JR & OLGA)EXHIBIT 17 TRUSTEE'S DEED UPON SALE (DANIEL JR & OLGA)EXHIBIT 18 DEED OF TRUST (ALEJANDRO ROJAS)EXHIBIT 19 NOTICE OF DEFAULT (ALEJANDRO ROJAS)EXHIBIT 20 SUBSTITUTION OF TRUSTEE (ALEJANDRO ROJAS)EXHIBIT 21 CORP. ASSIGNMENT OF DEED OF TRUST (ALEJANDRO ROJAS)EXHIBIT 22 NOTICE OF TRUSTEE'S SALE (ALEJANDRO ROJAS)EXHIBIT 23 TRUSTEE'S DEED UPON SALE (ALEJANDRO ROJAS)EXHIBIT 24 DEED OF TRUST (REYNALDO ORTEGA)EXHIBIT 25 NOTICE OF DEFAULT (REYNALDO ORTEGA)EXHIBIT 26 ASSIGNMENT OF DEED OF TRUST (REYNALDO ORTEGA)EXHIBIT 27 SUBSTITUTION OF TRUSTEE (REYNALDO ORTEGA)EXHIBIT 28 NOTICE OF TRUSTEE'S SALE (REYNALDO ORTEGA)EXHIBIT 29 TRUSTEE'S DEED UPON SALE (REYNALDO ORTEGA)EXHIBIT 30 FANNIE MAE 10K REPORT SEC FILINGEXHIBIT 31 FHFA 2008 ACT (Housing and Economic Recovery Act of 2008-as enacted)EXHIBIT 32 DECLARATION OF DANIEL JR IN SUPPORTEXHIBIT 33 DECLARATION OF ALAN DAVID IN SUPPORT


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