NOTICE OF ENTERED ORDER AND SENVICE LIST

Notiee is given by the court that a judgment or order entrtled ORDER GRANTfNG IMOTION FOR RF-L}EF FROM THEAt TOUAIC STAY UNDER 11 U,S.C. 5 362 (Real Propefi) was entered on th'? date stated as 'F-ntered' on the firstpage of this judgment or order and will be served in the manner stated below:

1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NER: Pqrsuant to controlling General Order(s)and tElRs, fie foregoing document was served on the following person(s) by the rlourt via NEF and hyperlink to the

iudgment or order. As of December 20, 2011 , the following person(s) are cunentltr on the Electronir: Mail Notice Ltsl forhis bankruptcy case or adversary proceeding to receive NEF transrnssion at the bmail address(es) gated below

r Adam N Barasch anb@severson.com. Richard J Bauer rbauer@mileslegal.comI DouglasG Boven dboven@reedsmith.com Rpelusi@reedsmith.como MarkDomeyer mdomeyer@mileslegal,como Todd S Garan eclcacb@piteduncan.comr Nancy S Goldenberg nancy.goldenberg @ usdoj.gov. Gerald S Kim cdcaecf @bdfgroup.comr SBlarKorschum ecfnotrces@ascensioncapilalgroup.com. Jeannette Marsala jmarsala@pralc.com, cmartin@pralccomr Riehard A Marshack (TR) pkraus@ marshackhays,com, rmarshack@etll epiqsystems com

r Christopher M McDermotl ecfcacb@piteduncan como Brian A Paino ecfcacb@oiteduncan,com. Matttew J Pero mpero@afrct.com, bcruz@afrct.comr Lee S Raphael cmartin@ppdaw.neto AviSchild avi.schild@atlasacq.como Ramesh Singh claims@ recoverycorp.como Eric J Testan ectcacb@piteduncan.com. Bnan H Tran btran@mileslegal.com

' Unrted States Trustee (SA) ustpregron l 6 sa ecl @ usdoj gov

r Darlene C Vigil cdcaed@ bdfgroup.comr Edward T Weber . bknotice@ rcolegal.com

2. SERVED.BY THE COURT VtA UNTTED STATES MAUi: A copy ot thrs notice a!d.1lrue copy of this iudgment 0r oroer

was sent by united states mait, first ctass, p@ffiffi, to the following pers')n(s) and/or entity(ies) at f're addre$(es)

stated below:

Valerie LoPez

158 North Center Street

Orange, Cn g?866 .\3. TO BE SERVED By THE LODGING pARTy Within 72 hours afler receipt of a copy of this ludgment or order which

bears an ,Entered, stamp, the party rodginffie judgment oi 9._d^.-,

wit serve a comprete copy beanng an "Entered" stamp

bv united states mail, ovemight mail, facsiilrrte tranimrssion or e*uii uno i'tu a prool o{service of the entered order on the

fdtlowing pefson(s) ancyor entity(ies) ",

tt',.'.J!r"is1es;, tacsimile tiansmission number(s1' and/or emailaddress(es)

sated below: n Service information coninued on attached page

' I : r-TltiiilitneGnt'alDistrxJ of CaiifomiaoruseinlheUnitedStatestsanxruptc.'*j1.i.oRDER.RPMeflbe(nll

"We the People, All Rights Restored and Reserved, Never Waived, Valerie Lopez, here\ statesthat she has caused to be mailed or served upon the aforementioned Appellees and their attomeyof record a true and correct copy of this: STATEMENT OF ELECTION/DESIGNATION,n3nn -J$,OF INTERLOCUTORY APPEAL, Motion for Permission to Appeal In Forma Pauperis & "VSupport Order for Motion for Relief from Automatic Stay Dated l2/2012011was sent out tothose herein by certified return receipt mailed by the United States Postal Services as required byState and Federal Rules (4) on or before January 3rd. 2012.cclCHRISTOPHER M. MCDERMOTT Richard MarshackTODD S. GARAN Marshack and Hays LLPPITE DLINCAN, LLP 870 Roosevelt4375 JUTLAND DR. STE. 200 Irvine CA92620

Kt"tJ#',tJo. ,rn, -s734 {q ct 7 - 3zo ,615

T}TE I.INITED STATES BANKRUPTCY COURTFOR THE CENTRAL DISTzuCT OF CALIFORNIAAttrT: OFFICE OF THE CLERKS AND JUDGES CHAMBERS

IIIAND DELIVERED]RONALD REGAN BUILDING41I WEST FOURTH ST.

WELLS FARGO BANK, N^. fuI?5?O73Y5420 MONTGOMERY ST,

SAN FRANCISCO. CA. 94104.T207

l-3-7ot >

fl*ileau:i 5Y N',Wq{*0rtooP"h

q?NLL

1 t q-10? -)Kao

SANTA A}.IA, CA. 927 OI -4593 U.S. Bankruptcy Panel of the 9ft ,o!125 S. Grand Avenue /+rd.ful,)*'npasadena CA 90110 '3ay+. M"i"a^l tr"''k*d1hlaU

NOTE: Wren using this form to indieate service of a proposed order, DO NOT list any person or entity in Category l.

proposed orders do not generate an NEF because only orders that have been entered are placed on the CIWECF docket

PROOF OF SERVICE OF DOCUMENT

I am over t^"'T:;Flj:U;UH;::Fq €se or adversary proceeding Mv business address is:

A true "**,?I#frr,#*n?#,knt oes,prie "qE"

St'F-* 1 4€n ;fi** ^

or was served (a) on judge in c ilA nrannEfrequtred by LBR 5005-2(d); and (b)

B/N}BY 'NEF") - Pursuant to controlling General

t.

br by the court via NEF and hyperlink^. tt-^- !^^r.^a 5^. lhie F,-^lzrr rni^\/ naeA nf

to the document. On t-cneixeO the CM/ECF docket for this bankruptcy case or

:1ll"""".Tffil.ilg;;;;;;Gi';eontneE|ectronicMai|NoticeListtoreceiveNEFtransmission at the email address(es) indicated below'

l-'l Service information continued on attached page

in the manner indicated below:

ofl,'3j''mJ,Tffi;'cingatrue1:j"j,^",::::?I]iT::j]:".1:1"[ffl:.'?ffii'ff,yil,:,'3?i$ii:lH?;:3:5:',#i1i&:;JlHJ,5'lllL';:;ruffiii::y.:::g::::1.':,H?ili.::J*'"ll''J?,i.';'"**?$#.1'J'[:ff]i;liriifii'":!",': tfrfi,# ffi";ili;i;;;l;i';tnan z+ hours after the document is nred

Servlce informatron continued on attached page

<V'L'.D

lll.for

I served the following3lti "ll?l'l,n^l3i;l'entiWserved):PursuanttoF'R.0tv.r'5ano/orConttU||lI|gLLJI\'vl'ffirvicemethod),byperson(s)and/or entrry(i".) uv p-"i'-"*l!,"]y3ry; :if:i11":::$"1:'ffffi[i:#l:?:.iiion tnat personarderive'

mffi:"#il':J:Yg::)i"#:'""trffi[i:'it{ui#r*"t:::if t:lii*'"'a deiraration that personarderivery on

ffif.ru""U! r"'ioi.pr!i"c-no r"t"r than 24 hours aff6r the document is filed

Service information continued on attached page

is true and correcl

This form is mandatory.@ral Districl of califomra.

F 901 3'3.1 .PROOF'SERVICE

penalty of pequry unoer the laws of the United States ol Amenca,

August 2010

Ii-n-Gffippr.oGd for use bY the

Casq.B:10-bk-22755-RK Doc 165 Filed 01/03112 Entered 01/U5/'

- r t\L Main Document Page 1 of 13

.$$\n- UNlrpp Srnrss BANKRUPTCY Counr^O\V forthe

\)\- -

cENTRAL DISTRICT oF cALIFoRNtA -SANTA ANA Dwl

In re

VALERIE LOPEZ,

Appellant

WELLS FARGO BANK, NA,,

v.

VALERIE LOPEZ,

DESIGNATION OF RECORD ON APPEAL AND STATEMENT OF ISSUES TO BE

PRJ'SENTEDCOURT:

The Appeuant hereby designates the following pleadings/transcripts and the rccord

on

Appeal and rcquests that the same be transmitted to the u's' Banknrptcy Appellate Prnel

of the Ninth circuit:

L Notice of Motion and Motion for Relief from the Automatic stay witb supporting

Declarations (N9TE with endors..r"rr to Wells Fargo N.,{') REAL PROPERTY

RE: 30160 Merrell Avenue N";aA 92567 Filed by Creditor and Real Party of

lnterest Welts Fargo N'A' (Docket 28 dated ?ll4n0tD

2,Declarrtionre:SupplementalDeclarationofBrokerVictorPeredaiusupportofMotion for Retief from Auto;;;ii;irircd bv creditor and Real Partv of Interest

Wells nutgo X,a' - RE: related to documents Docket 2E

(Docket 29 dated }ll4n0ll)

3,uHna|lllearingforMotionforRelieffromAutomaticStaySETfor3/15/201rAt 10:30 AM CRTRM 5D 411 W.lii sit"et santa Ana cA g}1Ll',The case Judge

Robert K. Kwan'

4,ResponsetoMotionforordertoTermiuateMotionforRe}ieffromAutomaticStay(related o*r**"t(s)?g Notice_;; M;ri* ;nd {olion for Relief from Automatic stav

with supporting declarations R;;**"ry *, 30160 Meffell AveNuevo cA

92s67- Issue welts Fargo N.A:Hril;io-i'ottouion (special Requirements set)

and Fraudutent Assign."nt n "..i.i. rtt-g"larities Evident' Deed of rrust and

NOTE appears to be bifur.r; ;;;thentiLted web site of FREDDIE MAc show

FILED

JAlt 03 ?01?

Appellee

Appellant

Doc 165 Filed 01/03112 Entered 01/05/12 09:49:31

Bankruptcy File No.8:10-BK-2275s-BK

RY-BAP CASE same No.CC-l l-1713

Chapter 7

Fed. R. Bankr. P. 8001(e); and

28 U.S.C. sect. 158(a)

)))

))

))

)))

)

Case 8:10-bk-22755-RK Doc 165 Filed 01103/12 Entered 01/05/12 09:49:31 Desc

Main Document Page 2 of 13

Deed of Trust owned by Freddie Mac and not Wells Fargo N'A' But Wells Fargo

N.A. claims it owns thenote. Bifurcation of Note and Deed of Trust makes contract

voID espscialty since epparent n0n-fransfer 0f N0TE not pas$ed to Freddie Nlac

and Securitization took place without transfer of Note - serious criminal activity

invOlving unregistered security in case note never transferred to FR'EDDIE and

securitizstion took place. @ocket 32 dated 3ltl20ll)

5. Debtor,s Amended certiticate of service Fited by Debtor valerie Lopvz RE: related

Document(s) 28 Notice of Motion and Motion for Relief from Automatic Stay'

(Docket 33 dated 3/3/2011)

6.

4

Disclosure statemeut frled by Debtor valerie Lopez' Disclosure due 3/1l30ll'

@ocket 34 dated 3/3n0f 1.

Motion to Extend Time for Filiug Disclosure statement for BKll is presented in

comptiancetoLocalBankruptcyl00?.1(e)filedbyDebtorValerieLopez.Late due to Rebuttal for Motioo fo, nJiti from Automatic Stay related document(s)

28 being priority uod oo"*pected taslc (Docket 35 dated 3.l4n0tD'

8'BKllCbapterllReorganizationa|PlanfiledbyDebtorValerieLopez.(Docket 38 dated 3/142011)

g.MotionforApprovalofBKChapterllDisclosurestatementfiledbyDebtorYrlerie Lopez" (Docket 39 dated y11,n0ll)

l0.NoticeofllearingContinuedFitedbyw.tl'Farg:x|(nn:relateddocuments(Zg). Judge no'ri f*an Ordered Ciina Brown to appear for questioning at next

hearing scheouteJ ior 4t82011 dr.;;iiGar e1e11{o3. of corporate Assignment'

Erpert Witnesses of Debtor Prepared to attend 4/8n0ll hearing'

(Docket 36 d|ted 3/r5r2011)

rl, 3/152011 Hearing continued for REI related docum-ert(s) !! set for 4l8l20ll at l:30

PM at CRTRil"D cii-w' a. Street Santa Ana CA 92701'

12'StipulationbyWellsFargoN.A-a-ndValerieloPlforContinuaDceofEvidentiaryHearing oo wriir-i".g" fr-.*1ffi;;;Retierfrom Automatic Stay filed on

4nnln,ToddGararofPITEnunica.xLLPattornevforWellsFargoN.A.contacted varerie Lopez uoo ,.qo",.ri cooperation inletting extension for hearing

due to pITE DtJI{CAN requiring-more time to preparJcHINA BROWN for court

room questio;;';;"' v"r"titli;;' ;;;p; witnesses required china Brown to

be present,.d;ft;il;r;-;.*uo"i to appear ut o"rt hearingwhich is now cslled a

status cour.rlnce. According to Garan (Garan communicated with office of Judge

Kwan), stutu' iooi"*ot' i'i'r'rii" eJ "*:::"t:l Jtit1s"[1fi"-il*;iO'

i:[:f'"ili,,:til:l'"iil'fl'3fi i$i"#f'l'i"ff bepresentinc.ourttosupport

Lopez,s ,.luttur uoa oefend "q"* Rriief from stay, Lopez agreed to extension

requested uy rirg Dtrxcex Lip potLet 4l dated 4llrzgrr)'

Case 8:10-bk-22755-RK Doc 165 Fited 01/03/12 Entered 01/05/12 09:49:31 DescMain Document Page 3 of 13

13. Hearing @K Motion) Continued (RE: related documents !! Motion for Relief from

Automatic Stey. Garan advises Lopez thet Judge Kwan's oflice stipulates thatextension of Evidentiary Hearing cannot occur. Judge Kwan titled next meeting..Status Conference for Motion for Relief from Automatic Stay" and will serve solely to

see how both parties ale doing in preparing evidence and witnesses for Evidentiary

Ilearing, Status Conference for Motion for Relief from Automatic Stay set for

6nnLfi at t0:30 AM Crtrm 5D 411 4tb Street Santa Ana CA (filed on 415f2011)

14. Hearing Held off Calendar (RE: related document(s) p Motion for Relief from

Stay. 4/8lZ0l l original evidentiary hearing taken off calendar on 4l8l20ll,(Filed 4BnOrD.

15. Valerie Lopez files objection of Proof of claims under BK I ltiled by wells Fargo

N,A, Jp Morgan, waciovia Mortgage aka wells Fargo N.A. (3 loans), Bank of

America N,A.(z); Real Time Resoiutions representing Bank of America N'A' Issue$

promotiug Vateiie Lopezto Object to the Proof of Claims is iltegal Robo Signing

after Debtor filed fXit. Robo Signiug is Red Flag parties filing claims are not the

real party of interest (Dockets 50-, 5l;52, 53, 54, 55' 56 all dated 4n0n011)

16. Notise of Motion to continue BK Chapter 11 Oblectj:t to Proof of claims filed by

Debtor Valerie Lopez RE: Docket 50, 51' 52' 53' 54' 55' 56

(Docket 62 dated 5/23/2011)

17, Repty to ( related to document (28) Notice of Motion and Motion for Relief from

AutonaticStaywithSupportingDectarationsREALPROPERTYRE:30160Merrelt Avenue Nuevo CAg2567 fi; by Real Plrtf of Interest as communicated in

reply brief weits Fargo N,A creditor. Repty_Brief3ls.o establishes that Note was

endorsed to "pprr*t"o*"o"r

of Note wetts'Fargo N.A. and tbat cOrporate

Assignment *..i' all legal ,.quir**rs. (pocfet 66 Attachment 1 Exhibit A dated

s2?/2011).

18. Ilearing contiuued for BKll obiection to Proof of claims filed by Debtor valerie

LopuzRE: 50, 51,52,53, 54' sS' oiJlO' The nexttgline set for 7n6n0tl2:30 PM

Crtrm SD 4lt 4tb Street Santa n""tn gi701' (Filed in Docket 5,,112011)

lg,ValerieLopezfilesaStatusConferenceReport(UpdateonPreparationforEvidentiary Hearing - Foundati* JnJ,itt4 Qhina Brown Appearance for

Questionin g1 ;sr einOll status c*r.i.""" for Motion for Relief from Automatic

Stay with n."r.*p,"y c_rerf cr;;;;;;*lvut.ti.-Lopez that clerk if going to

Judge xrruo,, oif,"" uoo ,nitt a.u""r tti, copy to Judge Kwsn's office'

(UocXet 67 dated 6rcngn)

20. 6n nlll starus conference for Motion for Relief of stay Held' Garan-and Judge

Kwan dominated hearing "nO

Oi*cus"d all requirtttoi' met by PITE DUIIICAN to

be granted lift of stay. Garan a.nnt^ untrue statements re: my lack of c0opsratioD

concerning modilrcation and ;;#;.r,utt.ogiog all my lenders' I' Misconduct of

Case 8:10-bk-22755-RK Doc 165 Filed 01/03112 Entered 01105/12 09:49:31 DescMain Document Page 4 of 13

committing fraud on the court prohibits Lopez from recontracting with Garan and

2. Lenders all initiating itlegal robo signing and this is the basis of my Obiection toProof of Claim. Lopez waited for opportunity to intelligently remind both Garanand Judge Kwan about irregularities and extensive evidence that Wells Fargo N.A.

is not the owner and that CIIINA BROWN is a foundation to Lopez's rebuttal.Lopez's expert witnesses were standing by waiting for Court to establish China toattend court room at hearing, so experts could attend to estsblish and prove Wells

Fargo N.A. has no standing prudential or constitutional due to legal issues. Thismeeting was not a about determining how both sides were doing in preparingevidence and witnesses for finat Evidentiary Hearing. This Status Conference forRelief from Automatic Stay was used for the benefit PITE DUNCAI{ LLP toestablish GARAN's opinion as to why his firm should be granted the lift of stay.

Lopez wss not permitted floor to commuuicate for her defense. China Brown

diplomatically and skillfut was taken out of bearing equation and not discussed at

ati. lstatus Conference for Motion for Relief from Automatic Stay Meeting filed in

Docket on6fl?0ll).21. Motion to Convert Case Under 1l U.S.C.706 (a) or 1ll2(a) from Chapter ll to

Chapter 7 due to inabitity to find aflordable counsel for BKl1 and inability to

p*pur. for BK f f OUjection to Proof of Claim Hearing set for 72,6n011' Debtor

went to BK Clinic tocated at 411 4th Street Santa Ana CA 927A1to obtain counsel on

decision to convert from BKll to BK7 and counsel advised that Motion for Relief

Hearing would be delayed and standard procedure for BKl l Objection to Proof of

claim Hearing to be taken off calendar and cancelled. (Docket 68 dated 6n4nuD'

22, Order on Debtor,s Motion to convert case under u.s.c' section r112(a) signed by

Trustee 6n}n0ll' (Docket 72 dated 6fZ0n0tl)'

23, Notice of continued Hearing RE: related document(s) 28 Motion for Relief from

AutomaticStaywith,uppo,tiogdeclaration'111!PROPERTY30160MerrellAvenue Nuevo CLg2567 Next f,earing set for 7n6nu1 10:30 AM CRTRM 5D 411

cfi st*.t santa Ana cA g270t ( Docket 7g dated 6n9n0l1)

24. Notice In Lieu oiSobpo.oa Dues Tecum Served on PITE DL1NCAI\ LLP on

Tnsnuldue to irregularitie* arro misrepresentation of facts to court by wells

Fargo and pITE OUfrcex LLP . Accounting items requested to establisb transfer

from Freddie Mac to Wells f";; X.,1. tin"t-tndorsemtnts do not reflect transfer

from Freddie to Wells Fargo N.i. As it stands tbe note and deed of trust has been

bifurcated (Docket 83 dated TnZnUD'

25,7n5n0|1 Valerie LopvzSubmits revised brief RE: related document(s) !! Motion

for Relief from Automatic Stat confirming specific facts and also exhibits

confirmingFREDDIEownrth*mortgage;C9-Toi"t"AssignmentisFraudulent;submits Exhibir I MERS CERiii'iiili rleup BOOK and Erhibit 2 Affrdavit of

LynnSzymooi"xNationwideAcc|aimedMortgageFraudaudRoboDocumentExpert r*toi.J on CBS 60 ;;;tpttr zorii" suodav and Exhibit 3 Prepared

By Neil carfield - MERS PA&;;;'MERS AUTHENTICATED web site

confirming wells Faryo is theiervicer and not owner of the note' Page from

Freddie M-ac's authenticated;; rit*.oonr.ing that FREDDIE MAc owns the

mortgage '"J'nt"fO

not be W;llt Fargo N't'::reflected on the Corporate

essignrrn't o",ro ll-1-2011 "r""i"*tntt' D'NCAN LLP and signed by cHINA

BRowN.(filedafterBankr"p,.vfli"eglIt*9.10.10-ignoringautomsticstay1l U.s.C,362(a)) al| 3 exhibiiJ#plariuNc wI{Y PITE DUNCAN's

Case 8:10-bk-22755-RK Doc 165 Filed 01/03/12 Entered 01/05/12 09:49:31 DescMain Docurnent Page 5 of 13

CORPORATE ASSIGNMENT FRAUDULENT AND the Affidavit of SusanBowman fraud and misrepresenting material facts to courl Judge Kwan continues

hearing so court and PITE DUNCAN cgn resd revised brief of Lopez moretboroughly. At bearing Judge refuses to sllow Lopyz to complete ObjectionStatement. Judge Kwan in rage of anger and directs I'opez to disagree as oppose to

object to PITE DUNCAFI's statement about'{standing being established at last

hearing of June 7r20ll. Lopez not given floor to explain thoroughty issues

supported by evideuce- Exhibits l,z &3 (Docket 84 dated 7n5n0l\

26. Atfidavit and Summary of Valerie A. Lopez Filed by Debtor Valerie Lopez R-E:

related document 28 Motion for Relief from Automatic Stay @ocket 85 dated

7nsn0rD.

27, Final Notice of Demand and settlement Filed by Debtor valerie Lopez due to ft?"g

and misrepresentation of material facts submitted to court by PITE DIJNCAN and

wells Fargo N.A. employees susau Bowman and china Brown RE: related

document p Motion for Relief from Automatic Stay (Docket 86 dated 7 nln0lD.

28, Amended Date served - Proof of service re:Notice in Lieu of subpoena Dues Tecum

Filed by Debtor valerie LopezRE: related document(s) 28 Motion for Relief from

Automatic Stay,( Docket 87 dated 7l25l20ll)

29. Hearing continued RE: Related Document(s) 2s Motion for Relief from Automatic stay'

Judge Kwan advised by Lopez of all exhibits t, 2, 3 that Prove wells Fargo N'A' is not

the real party as represented to court and that Freddie Mac owns Deed of Trust and should

have been ransfened note and wells Fargo N.A. should not be in possession-of note

unless endorsements show Freddie Mac elndorsing back to Wells Fargo N'A' Illegal

possession of note is evident and misrepresenwion of material of facts established by

Lopez to court. Judge Kwan i, our *griwhen.debtor Objects to Pite Duncan's completed

statement statingli"at "standing" hadieen established al6'7 -2011 hearing and directs

Lopez to disagrJe rather than Object. in i.utofieopardizing her case and evidence in

subject Motion for Relief fto* nuto*uti. Stay, Lopez-disagrees as directed by Judge

Kwan. Lopez Moves court to o"rrv frfoiioo to, R.tLf from Automatic Stay based on

esrablished fraud and misrepresent.ti"n "i*uterial facts by PITE DTNCAN LLP and

WellsFargoemployeesChinaBrownandSusanBowman'Instead'JudgeKwancontinues hearing to g/1/201 I to giv; *urt uno PITE DtTNCAN LLP time to review

revised brief from Lopez aut altzstzol t witr, Exhibits 1 MERS Certiffing Hand Book'

Exhibit 2 Affidavit from Lynn sryrrroniu. Mortgage Fraud Expert featured on cBS 60

minutes establishing Corporate arrii,-*rf*id ui1_g:u.t specifics as owlined in

MERS ,.rtifd; fiLlbrolq Exhibii3 MERS Page confirming wells Fargo N'A' as

servicer frr* #;fi'"rtr*"ri""t"d;;;tr; and FREDDIE MAC page confirming

FREDDIE MAc owns Deed orrnuJi una tonrt*ation that note should be with

FREDDIE MAc and not wells E*Jo"li'^^. Deed of rrust and Note established

bifurcated. if note and deed ortrust?r* split, this causes.a nullity' A nullity means the

secunry intrr.ril, Jorr uno rhe dsbr ;;;;;"tecured, serious issue if Freddie Mac

aurhorized securitization holding t."rf t[1 ottl:f Ti:t and illegal possession of note

was retained uv *ells Fargo N,A. as evidenced by note endorsements'

(Hearing entered into Docket 712612011)

Case 8:1 O-bk-22755-RK Doc 165 Filed 01103112 Entered 01/05/1 2 09:49:31 DescMain Document Page 6 of 13

30. Hearing for Debtor's BK l1 Motion Objecting to Proof of Claims pertaining to Docket

items 50, 51, 52, 53, 54, 55,56 is held on 1126120ll at 2:30 PM 411 4th Street Santa Ana

CA 92701. Hearing did not come offcalendar as stipulated by counsel at BK Clinic and

confirmed with Lopez.l-opezdid not attend this hearing as she was told with conversion

from BKl l to BK7, Objection to Proof of Claim bearing would be cancelled and come

offcalendar since related to BKl1. Judge Kwan continued hearing. L,oWz and 5 other

banks not present. Only 2 banks present and time used to allow Present banks to

communicate misrepresented facts about me not cooperating with Loan Modification

offers and refusal to talk to both companies. Not accurate - Lopez never spoke with Real

Time Resolution's Attorney at any time and other attomey, Lopez asked her to please put

all requests in writing since phone conversations with bank attorneys are not effective and

safe for Lopez. Judge Kwan Dismissed All of lopez's Objection to Proof of Claims

giving no legal ."fet"tr"e other than *GOOD CAUSES" and granted favor to all banks

including banks not present. Red FIag of further prejudice towards Lopez established

with this bearing uod tn" award to banks of Dismissing All Lopez's Objection toproof of Claimslertaining to Docket items 50, 51, 52, 53, 54, 55, 55 without

prejudice. (Hearing file date 1n6n0lD'

31. Motion to convert BK7 to BK l3 filed by Lopez.Advised by attorney who was in enor'

(Docket 100 dated 7n612011)

32. Orden Denying without Prejudioe Debtor's Motion for Objecting to Pro-of of Claims

under BK 1l related to Dockets 50, 5l ,52,53,54, 55, and 56' I'oWz infOrmed by BK

clinic counsel of Ronald Regan r,o*tion Gt objection to Proof of claim hearing would

be carcelled *Jrr*on"a dm calendar. This negative evsnt harnted Lnpez'

(Docket 88, S9,;0;t i ,qz Aut"A 7 n8l20l1 and Docket I 01 and I 02 dated 8/8/20 I I )'

33. Notice of Hearing related to documents .100 Motion to convert to BKl3 set fol August

30, 201I at 2:30iM Ctmn 5D 4l I 4s Street Santa Ana CA9270l '

(Docket 99 dated 8/1/2011)'

34. Demand for stay while on Appeal pwsuant to Title 1 I U'S'C' Section 362 (C) (a) Sect

522 uds++tnl'ni"Juv orui"r vaterie Lopez(Docket 105 dated 8/8/201l)'

35. Notice of rnterlocutory Appeal ro The united states District court As A supenedeas

Bond relared to gg, gg,g0,g1,92,10i;ibt and projudice extended to valerie l-opezat

Motion for Relief status Hearings * ."io"""in 6y Judge Kwan not sanctioning PITE

DLNCA].I for misrepresenting ."t.; il s and'fraud e;1 seurt and not pressing issue of

.HINA BRowN order to appear in "outt

which is required by Lopez's expert witnesses

to appear tt il;;;;ot vo ittra to date' (Docket 106 dated 8/8/2011)'

36, Hearing grgn*r - st'r Labeled status conference for Motion for Rerief from Automatic

stay but still used as plat ro* rgr^ilTE otnrcAN to outline foundation for being

granted right to be granted lift of Stay' These-status conference meeting have nothing to

do with updates on prcgrcss orprrp#ng for hearin€s as told by Lopez by Garan back in

June Z0l l. At this hearing, Lopezi,if""ita "agt

K** he no longer had jurisdiction

over this Motion for Relief fro* eri"*"ii, Stuii,t*ing due to Lopezfiling Interlocutory

Case 8:1 0-bk-22755-RK Doc 165 Filed 01/03/12 Entered 01/0S/12 09:49:31 DescMain Document Page 7 of 13

Appeal. Judge asked Opinion of PITE DUNCAN Attomey Catherine Vinh and bothconfirmed that it was of their opinion that Interlocutory pertained to Objection to Proof ofClaim Hearing and not Motion for Relief from Automatic Stay Hearing- regardless offact that Lopez established Wells Fargo N.A. as defendant and Lopez communicated itwas the evident prejudice demonstrated by Judge Kwan to all banks which procured theInterlocutory Appeal throughout entire management of BK Case which prohiUit JudgeKwan from establishing himself as a neutral parry. I",opez understood that hearing wouldnot be continued with Interlocutory Appeal filed, but Judge Kwan ovemrled InterlocutoryAppeal and continued Motion for Relief from Automatic Stay Hearing.

Judge Kwan was again advised by Lopez of all inegularities and explicit fraud andmisrepresentation of material facts by PITE DLINCAN and Wells Fargo N.A. employeesSusan Bowman and China Brown and Lopez's need for court to enforce order of CHINABROWN to be at evidentiary Hearing not yet to be held. China Brown required by Lopezexpert witnesses to confirm Wells Fargo N.A. lack of prudential and constitutionalstanding to be granted Lift of Stay. Instead of sanctioning PITE DLNCAN LLP and

Wells Fargo N.A. employees, Judge Kwan diplomatically advises from bench PITE

DTINCAN attorney which cases she should have used to frame her case against [,opeaJudge Kwan advises PITE DLNCAN attorney to use RE: Veal an Arizona State Case

Law and Gomes vs. Countrywide - both cases would benefit the case of PITE DUNCAN

and Wells Fargo N.A. To paciff Loryaludge Kwan instructed both PITE DTINCAN

attomey and Lopez an opportunity to rewrite the briefs, Judge Kwan completely ignores

strong evidence of fraud committed by PITE DTINCAN and Wells Fargo N.A. and does

not enforce order for CHINA BROWN to appear in court so that Lopezcould bring in her

expert witnesses standing by as experts await completion of Status Conference for

Motion for Relief from Stay meetings used not as updates in reviewing progress in

preparing for evidentiary hearing but to use as platform for PITE DTJNCAN to review its

right to be granted the Lift of Stay, At this hearing, Judge Kwan failstosanction PITE

OLfNCef.f LLp for fraud based on solid evidence provided to court; Judge Kwan

practices taw from the bench as he coaches PITE DLNCAN LLP conceming which oase

law to use to develop brief against Lopez; Judge Kwan stifles discovery for Lopez by not

sanctioning PITE DiINCAN for not establishing CHINA BROWN appearance as ordered

back on 3-15-201 I and the only reason why Lopez agreed to wells Fargo N'A"s request

for extension for evidentiary hearing. Lopezrequired CHINA BROWN appearance for

effective use of her experts waiting-on the side. Supplemental Brief due 9l20l20ll and

Reply by l0l4l20ll. Misreprer"ntition of Material Facts and Fraud Ignored by Judge

Kwan_PITEDUNCAI\LLPcou|dnotexplainwhyanendorsemeuttoFREDDIEMAC was not showing on note. (Hearing entered on Docket 819/2011)'

37, Revised Interlocutory Appeal Docket 108 and Amended Deficiency letter to Appellant

Docketl0gandRevisedDemandforSuywhileonAppealDocketll0-allthreedated8/11/201l.

33.NoticeofMotior/ApplicationtocancelMotiontoConvertfromBKTtoBKl3asadviseby attorney ** in #or I 00 (Docket 1 I 8 dated 8/30/201 1)

case 8:10-bk-22755-RK Doc 165 Fited 01 lo3l12 Entered 01/05/12 09:49:31 Desc

Main Document Page 8 of 13

39. Transnittal of Additional Documents Filed Regarding USDC Case No'

SACVI1,1228-DDP to United States District Court with attached service List-@E:

Motion for Leave of Court to hle the Movant's Interlocutory Notice of Appeal frled

Sn1n1l see docket I i4 (RE: related doouments 106 Notice of Appeal,l l5 Election to

Appeal ( Docket I l9 dated 91712011)-

40. order Granting Debtor's Request to cancel Motion to convert from BK7 to BKl3 due to

wrong advice from attorney. (Docket 121 dated 9l9DAl1)'

41. Movant's Srrpplemental Brief in Support for Motion for Relief from Automatic Stay'

Revised based on * law suggestJUy ludgt Kwan and to rebuttal l'opez's evidence of

fraud and misrepresentation o? materii facts i.e' Freddie Mac involvement; endorsements

irregularity establishing fraud; and fraudulent corporate assignment not meeting legal

requirements (Docket 123 dated 9l20l20ll)

42, Declaration Revised by SuSan Bowman with new version of note which now shows a

stamp blank "nOo.r"#"t

on back of note/ this note version still does not explain

inegularities. (Docket 124 dated 9l20n0ll)

43, Addendum to July 25,2011 Debtor's opposition to Yotlon for Relief from Automatic

Stay includer r*hibi, i l.nr, from wells Fargo N,n. U1\ oflice admitting not the

owner/real party orinterest but SERVICER; exhibit 2 Neil Garfield securitization

ResearchCommerrtaryconfirmingo'iginuto'c\rvrSrtslgeLLC.soldloarrtoFREDDIEMAC; exhibit 3 Lyrur Szymoniak efn"Javit confirming Status of Corporate Assignment

of Deed of rrust dated 1 r_nnarc*o ugns certiffing Hand Book explaining proper

adminisEation requirements of Corporate Assignments; exhibits 4'5'6 additional expert

documentsandcourtdecisions.on..'ingfrau-dulerrractivitiesofservicerswhoattemptto forectose on debt not owed ,",fr.L*iiers; exhibit 7 Qualified Wrinen Request and

Debr Validation sent to pITE DUNCIN and wells Fargo N.A' on 618120l I and was

ignored' (Docket 125 dated 9,?ln011)'

44.Replyto(RelatedDocuments):125(oppositionfiled'byDebtorValerieLopez)Movant'sAmended Reply to Brief in support;i;;;i;" for Relief in support of Motion from

Automatic Stay filed by Creditor Wrfi'f*go N'A' (Attactrments #1 Proof of Service)

(Docket 137 dated 10/10/2011)

45.SupplementalExhibitsFinaloppositiontoMovant'sMotionforRelieffromAutomaticStay (related a""r."*irl'f ZS dppotitio" nfta by Debtor Valerie Lopez) Movant's

Amended Repty to Brief in suppoioi lri;;i"; for Relief from Automatic stav Filed by

Debtor varerie Lopez( Auachme;;i illtit) ( Docket 139 dated l0/1 8/201 l)

a6.HearingHeldMotionDeniedl]4JudgeRecusal.ll:]i.Lopezfequestedcourttoenforce order established on 3/l SiZii

'o require china Brown to be in court or by

telephonic *'rr,i, i, oJy ,r*on L"o*;;;i to ailow wells Fargo N'A' to be granted

extension as oppose to having qyiiirti'.*ing, Lopezagreed as Lopez's expert witness

were dependent on appearance of 6ftnu Brown. Lopezalio moved cout to obtain

testimony of Karen cannistra "notriirndorser who stated she did not endorse to wells

Case 8:10-bk-22755-RK Doc 165 Filed 01/03/12 Entered 01/0S/12 09:49:31 DescMain Document Page g of 13

Fargo N.A. and handwriting expert as written "Wells Fargo N.A. written in blank is not ofhandwriting of Karen Cannistra. Lopez was not able to complete her presenration to educatecourt 0f inegularities and questionable illegal possession of note by Wells Fargo N.A. andinappropriately tried to connect the illegal possession of note with Deed of Trust by executingand recording Fraudulent Corporate Assignment as established by Lynn Szymoniak. IfFreddie owns the mortgage and Wells Fargo N.A. claims their capacity is owner of note andin their possession. There is confusion as Freddie claims to have the mortgage via theirauthenticated website; Wells Fargo claims to own the note and files fraudulent CorporateAssignment to connect the note which appears to be held illegally, Wells Fargo N.A. madeeffort to collect on a debt which is not owed to Wells Fargo N.A. - violation of ConsumerProtection Laws and Fair Debt Collection Practices Act. At no time, has Lopez ever beengiven fair opportunity to intelligently explain and prove Wells Fargo N.A. has no right to be

granted Lift of Stay starting with forcing China Brown to appear in court for questioning as

ordered 3/l5l2l01l and required by experts witaesses of Lopez for effective testimony. Judge

denied Lopez testimony of China Brown, Karen Cannistra, handwriting expert and requests

PITE DTINCAN to bring original note to court. Status of finding note will be determined at

next hearing set for lllll20l l, Lopez agreed as presentnent of note would cause problems

for PITE DLINCAN and Wells Fargo N.A. whether they bring in original note or do not bring

in the note. The lack of unity of note and deed of trust has been established and cannot be

fixed with fraudulent corporate assignment. The issue is whether the rule of Iaw applies and

the rule of law imposes certain obligations and certain burdens on people tryrng to foreclose

and the fundamental one is that you must own both the note and the deed of tnrst; the note

and deed of tnst was bifurcated- contract void. Wells Fargo N.A. chose not to follow the

rule of law but to practice activities of fraud. (Hearing entered into Docket 1 0i20l201 I )

47. Hearine Continued RE: Related documents 28 Motion for Relief lllll20l1 I l:30 AM

C** 5U +f l 46 Sueer Santa Ana CA 92701 Notice of Hearing( Docket 140 Dated

10/21l201l).

4g. Order Denying Morion for Recusal Signed l0n6n0tl. (Docket 141 dated 10126/2011\'

49. Hearing Continued lllll}}tl- PITE DUNCAN LLP not able to obtain Note' Next

hearins set for 12t7 lz0l to get update in finding note. The hearing date l2l7 f20l I at l:30

pu +ir 4th Street Santa ena cR 92101(Docket 152 dated 11/7l2oll)'

50. Declaration re: Declaration of Todd Garan in Support for Wells Fargo N'A' Supplemental

Brief and Motion for Relief from Automatic Stay Filed by creditor wells Fargo N'A'

Lopeznot ,.*.J until seconds before commencem€nt of l2/7 /201 t hearing; Garan had

Fa,x and Email of Lopez (Docket 155 dated 12172'011)'

51. Hearing Held l2l7 120 1 1 ; Lopez served Declaration seconds before hearing; l*wz had no

experts with her; Lopez established wells Fargo N'A' Holder In Possession as there is

serious question'as to ho* Wells Fargo N'A' has note--evidence establishes possession

as contrabano. jJg. Kwan grants Li"ft of Stay due to being in possession of,note

referencing UCC liOr and rleferen..t ng, Vial- the case Judge Kwan coached PITE

DLNCAN to use in rewriting their brief. Judge Kwan would not allow Lopez to

challenge using CA FED BK CASEiaw outJide of Central Disrict yet uses RE: Veal

Arizona state case recently repealed in Augusl 201 I ' In case of Lopez'evident

Case 8:10-bk-22755-RK Doc 165 Filed 01 103112 Entered 01/05112 09:49:31 DescMain Document Page 10 of 13

Wells Fargo not legally in possession of note and also court permitting ROBO signing,

Discovery and forcing China Brown to appear in court would have changed decision - a

fair hearing would have changed the decision; sanctioning PITE DLINCAN formisrepresentation of material of facts and fraud would have ehanged decision. Attorney at

hearing for PITE DLTNCAN admirs WELLS FARGO N.A. not the owner of note but

Servicer. Attomey for PITE DUNCAN at 12-7-201I hearing passes a piece of paper to

Judge Kwan and does not show Lopez. This piece of paper is to represent the agency

authority for Wells Fargo N.A. to be in court. Attorney for PITE DTINCAN states he does

not know who owns thi note; attorney states could be FREDDIE MAC' Regardless of the

unfair hearing and not permitting Lopez to question China Brown and bring in Lopez's

experls, Judge Kwan allo*r granting of lift of stay to PITE DLINCAN and Wells Fargo

N.A. - based on Wells fargo N.R. holding an alleged original note' Fair hearing and

discovery and testimony oiChina Brown and Lopez's sxpel witress would have

established that there is a paper trail that demonstrates the fraudulent intent of PITE

DUNCAN and Wells Fargo N,A.; never had legal possession of note and trying to collect

on debt not owed to wells Fargo N,A. violation of Federal and state consumer ['aws and

Fair Debt Collection Practices Act (Docket 156 dated l2l7/2011)

52. Order Granting Motion for Relief from Automatic Stay (Docket 158 Dated lzn0n0ll)

53. Notice of Appeal BAP Ninth circuit (Docket i 59 dated l2l19l2o1l)

54. The Eanscdpts of hearings to be made a part of thi: PlP Appeal 3nsnul,6n20ll'7 126120l t, 8D natl, 1 0i 920 1 l, I I /1 /20 I l, 1217 l20l I

l.

2,

3.

STATEII4ET-'{T or ISSVES

Whether the court .ffition iu determining that there

was no fraud on the court pursuant to 60(d)3'

whether the courr;;;;i and abused its discretion bolding tbat intervening

rights would U" pt";Ji"ed by 9t"n{1F movants reguested relief'

Whether tbe court'J"oO "oO

u[used i6 discrction by not allowing Debtor to

question Cbina Btown, p€rson ordered to appear in court concerning the

FraudulentCorporateAssignmentrsexpertwitnessesofDebtorwereawaitingChinaBrown'supp"u,unc,toupp"u"incourttoexplainpapertrai|issues proving wrri, iu,e; il.a. nuo oo rtgut to be requesting tbe relief of

stay or directing Clioa f'o*o to tile a Corporate Assignment on tbe

Debtor,s home "-G;il;he security instrument to TVells Faryo N'A' ; eourt

never sanctioned fiiE buxcer-r for not following the order to ensure china

Brown aPPeared at hearings

whetber tn".ourt "r;;ffi abused its discretion by advising PITE

DUr{cAN LLr oo ilp0ii as to which case laws to use to frame a new brief

which would tu"o" piri DUNCAN "ia wrtt' Faryo in obtainiug Lift of stay

and then using r".*..nded case rr* gn, veal tJsetisfy requirements for

Lift of StaY.

4.

case 8:1Q-bk-zzlss-RK o,fi:,luj"",i;i?Xi,rB,Jn" ,T?,ii:o

o, tos/120e:4e:31 Desc

5. wbetber the court erred and abused its discretion by not a[owing debtorample floor time to erplain the serious issues *o"""oiog the note possessionand biftrrcation of note and deed of trust between FREDDIE MAc and wers

ilitriil;i: and specitrc requirem"or, fo, wetts ru'go x.a. to be in tegar

6' whether the court erred and atowing PITE DUNcAlr LLp to serve DcbtorDecfaratio n on rzti /20r l to serve Debtor seronds before tbe hearing andgrant the relief oo tzflDVll without Debtor not having access to ber erpertwitnesses or ever obtainiug the opportunity to quescoJ cbina Brown.7 ' whether tbe court erred in not ricog'izing etdoavit of Lyun szyrnoniaktechnical expertise to confirm that tbe corpoot" eoigomeut signed bycbina Brown and prepared by pITE DUNCAN LLp ias fraud snd did notmeet the Lift of Stay requirements,

This Affiant Victim and Witress to Criminal Activities further saveth Naughr.

Dated this 3rd, day of January in the year of Our Lord, 2012;

Respecffrlly Submitte4

"We the People, AU Rights Restored and Reserved, Never Waived,

DEBTOR VALARIE LOPEa EX REL, any and all derivative thereof:

Non-Domestic Non-Resident c/o: 158 North Center Street,

Orange, State of California" of the RepublicNear [92866]

Valarie LopeaWithin U,C.C.

E, U.C,C, l-2Q7 as promulgated

Sui Juris for the aforementioned

Case 8:10-bk-22755-RK Doc 165 Fited 01t03/12Main Document page _!nt91e-d 01/0S/12 09:49:31 Desc

12 of 13

NorE: when using this form to indicate service of a proposed order, DO.Nor rist any person or entrry in category r.Proposed orders do not generate an NEF because only orders that have been enlered are placecr on the cM/ECF docker.

PROOF OF SERVICE OF DOCUilIENTI am over rhe ase of 1 8 and

^o' ","Eo;.x;" p;H"W"u;&*hI ;;ffiaddress

is :

A true and

- Pursuant to controlling General;'r beE*"a'by r;;;;;"i""ij;i-: ffi;1,1*la lha r{aar rma^t /1^!,llt_1Tra19n,,,,,,' .,,',,,;e;k;;thu-CrraricFo-o"*"1J#d'. ;;;;U;;;,adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEFtransmission al the email address(es) indicated betow:

[_J Service information continued on attached pago

ll. SERVED BY U.S. MAIL OR OVERNIGHT MAlL(inoicate method.fqr each oerson or entitv serveo!on-,|servgdthefo||owingperson(s)and/orentity(ies)atthe|astknownaddress(es)inthisbankruptcl cas€ or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the UnitedStates Mail, first dass, postage prepaid, and/or with an overnight mail servico addressed as follows, Listing the judge hereconstitutes a declaratjon that mailing to the judge will be completed no tater than 24 hours afl,er Sre document is filed.

! Service information continued on atlached page

lil. SERVFD BY PEBSONAL DELIVERY. FACSIMILE TRANSMISqIOI OR EMAIL (indicate method for each person or

"ntiiiT6ffito r,ntiv.P. 5 and/or cp-rson(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by

iacsimile transmission adlor email as follows. Lisling the judge here oonstitutes a declaration lhat personal delivery on

the iudge g!!@ completed no later than 24 hours after he document is filed'

I dectare under penalty of perjury rrjoe,r, ,lr laws of the united states of ot";*,

=f._-!-xslw = v=Eqa" f+' t',(t> +Oa'te TYPe Name

is mandatorv. llhas been rp@ Bankruptry Cowlfu the Cenltal olCalfomia

;ffifwlrrGTene,o or *J, sered (t ,n tn", ruog" i*rr.ru"" i.i;r"--,ro;""*a**"d;in rhe manner indicated ;ff;:,

on ne Judge in chambers in the form and manner requtreO Oit_An.f) I

lSltvs005-2@i' e",.{ ,Ot--

I Service information continued on attached page

ru€ ano

August 2010F 901 3.3.1 .PROOF.SERVICE

EXHIBIT ENV

Proof Appellant's Package Sent to U.S. District Court by U.S.Bankruptcy Court - Central District- Santa Ana