Request for Judicial Notice #1

No. 09-56133

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD SHELLEY, Pro Se

Plaintiff-Appellant,

v.

QUALITY LOAN SERVICE CORP ET AL.,

Defendants-Appellees.

Request for Judicial Notice Of Plaintiff-Appellant Richard Shelley In Opposition To Appellee Litton Loan Servicing

LLP’s Request For Judicial Notice.

& Motion For Other Relief Of Plaintiff-Appellant Richard Shelley.

On appeal from Motion To Dismiss in Shelley v. Quality Loan Service Corp., et aI., Case No. SACV09-291 CJC. Cormac J. Carney, United States District Court Judge.

United State District Court, Central District of California-Southern Division (Santa Ana) Ronald Regan Federal Building and U.S. Courthouse, 411 West Fourth Street, Room 1053 Santa Ana,

CA 92701

RICHARD SHELLEY Plaintiff-Appellant Self-Represented, Proceeding Pro Se Telephone: (714) 901-4136 7052 Natal Dr. Apt. 85, Westminster, CA 92683

Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief Page 2

I. In this Motion is a Request for Judicial Notice pursuant to the Federal Rules of Evidence, Rule

201, made in Opposition to Appellee Litton Loan Servicing L.P.’s Request for Judicial Notice

which does not satisfy Fed. R. Evid. 201(d)

A. The record proceedings requested for judicial notice by Appellee Litton Loan Servicing L.P.

(hereinafter “Litton”) are actually void, which factual basis in this Request for Judicial Notice

(hereinafter “RJN”) in support of their being void has been provided (see RJN Ex. # 3-CLA and

others), and Litton’s request has been brought before the Court in bad faith. Litton requests that

the Court to take judicial notice of the disposition of an unlawful detainer default judgment

entered filed in the California Superior Court in the County of Orange purportedly following a

Trustee Sale regularly conducted by Appellee Quality Loan Service (hereinafter “QLS”) and the

recording of a Trustee’s Deed Upon Sale which allegedly passed legal title to a bona fide

purchaser for value without notice. But Litton has not provided the necessary basis to validate

the sale and consequently the default judgment that QLS was the Trustee of record, had authority

to conduct the sale, and that the sale was regularly conducted. Nor has Litton supplied a copy of

the purported Trustee’s Deed Upon Sale to the Court in its request which would be a requisite to

support its contention that a sale had occurred in order for the Court to take notice. See M/V Am.

Queen v. San Diego Marine Constr. Corp., 708 F.2d 1483, at *1491 (9th Cir.1983) “As a general

rule, a court may not take judicial notice of proceedings or records in another cause so as to

supply, without formal introduction of evidence, facts essential to support a contention in a cause

then before it. 29 Am.Jur.2d Evidence § 58 (1967)”.

B. The contents, declarations, and supplemental evidence provided in this Motion is proper for

Judicial Notice See Blomquist v. GMAC, 2:09-cv-00891, US Dist. (E.D. Cal. 2009) “It is not

uncommon for courts to take judicial notice of factual information found on the world wide

web.”(quoting O'Toole v. Northrop Grumman Corp., 499 F.3d 1218, 1225 (10th Cir. 2007));

(“This is particularly true of information on government agency websites, which have often been

treated as proper subjects for judicial notice.”) Paralyzed Veterans of America v. McPherson, C

06-4670, US Dist. (N.D. Cal. 2008); ("In particular, a court may take judicial notice of its own

records in other cases, as well as the records of an inferior court in other cases.") United States v.

Wilson, 631 F.2d 118, 119 (9th Cir.1980).


II. In this Motion it is also respectfully asked of and Prayed for by Appellant of this Honorable

Court to Strike:

1. Appellee Litton’s Notice of Motion and Motion to Dismiss Case, FRCP 12(b)(6) Motion filed

by Defendant Litton Loan Servicing LLP as Doc. # 25 (Attachments: # 1 Memo of Points &

Authorities, # 2 Declaration of Chaise Bivin, # 3 Request for Judicial Notice, # 4 Proposed

Order) (Filed and Entered: 05/20/2009). Which was not served on Plaintiff/Appellant, and was

untimely pursuant to the time limit in the summons to respond to the complaint, the forfeiture

time limit under 15 U.S.C. 1635(b) for the offer to tender (see RJN Ex. # 2-RN2), the time limit

on which the rescission process must begin or seek relief from the Court under 12 C.F.R. §

226.23(d)(2).3., and the time limit on which the District Court had subject matter jurisdiction to

hear the motion and argument under 15 U.S.C. 1635(f).

2. The Notice of Non-Opposition to Motion to Dismiss Case, FRCP 12(b)(6) Motion 25 filed by

Stephen F. Dial as Doc. # 27 (Attachments: # 1 Declaration of Stephen F. Dial)(Filed and

Entered: 06/01/2009). Which had also not been served on Plaintiff/Appellant, and whom Stephen

F. Dial at the time had already been discharged and even said himself that he could no longer

“fulfill any sort of legal representation”. See RJN Ex. # R-POA.

III. In this Motion it is also Prayed for of this Honorable Court that Appellant be afforded an

additional 7-10 days to finish his Reply Brief, reasons why that relief should be granted being the

cause of undue delay was caused by the actions of Appellees that were beyond Appellant’s

control and had no warning of.

Whereas under these circumstances the Appellees have prevented Appellant from fully

exhibiting his case to be heard and tried by an impartial Jury, a Constitutional Right guaranteed

by US Const. art. Amend. VII, Appellees have taken actions without notice to the Court or

Appellant which in effect have caused instruments to be recorded in the official records wherein

Appellant resides which has resulted in an abuse of process wherein an unlawful detainer

complaint was filed and after attempting to have the case removed to the District Court

Appellant was wrongfully ejected from his residence and was deprived due process of law.

Which has in effect has caused undue burden and delay to this Honorable Court. Wherefore this

Honorable Court has the power to grant relief under US Const. art. Amend. XIV. Whereas also

attorney Stephen F. Dial has colluded with Appellees and connived against Appellant to his


detriment. The judgment granting the motion of dismissal with prejudice in the District Court,

and the granting of default judgment and writ of execution in the Superior Court should all be

vacated, set aside, reversed or a new trial be granted, which is warranted. See United States v.

Throckmorton, 98 US 61 (1878) “There is no question of the general doctrine that fraud vitiates

the most solemn contracts, documents, and even judgments.” Id. at *64. “If the court has been

mistaken in the law, there is a remedy by writ of error. If the jury has been mistaken in the facts,

the remedy is by motion for new trial. If there has been evidence discovered since the trial, a

motion for a new trial will give appropriate relief. But all these are parts of the same proceeding,

relief is given in the same suit, and the party is not vexed by another suit for the same matter….

[T]hese proceedings are all part of the same suit, and the rule framed for the repose of society is

not violated. But there is an admitted exception to this general rule in cases where, by reason of

something done by the successful party to a suit, there was in fact no adversary trial or decision

of the issue in the case. Where the unsuccessful party has been prevented from exhibiting fully

his case, by fraud or deception practised on him by his opponent, as by keeping him away from

court, a false promise of a compromise; or where the defendant never had knowledge of the suit,

being kept in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without

authority assumes to represent a party and connives at his defeat; or where the attorney regularly

employed corruptly sells out his client's interest to the other side, — these, and similar cases

which show that there has never been a real contest in the trial or hearing of the case, are reasons

for which a new suit may be sustained to set aside and annul the former judgment or decree, and

open the case for a new and a fair hearing ” Id. at *65-66.

/s/Richard Shelley - 7/29/10 Richard Shelley – Date Executed

All Rights Reserved


Table of Contents of the Request for Judicial Notice

Exhibit # 1-RN, consists of *1 the Qualified Written Request Notice of Rescission mailed certified to Frank S. Livacich return receipt signed by Frank S. Livacich on March 20, 2008, and *2-3 declarations by Richard Shelley and Philip Shelley of the verified faxing received by Fremont Investment & Loan on or about March 21, 2008 of the Notice of Rescission at *1 Id.

Exhibit # 2-A1, consists of *1-2 material pages from the Uniform Residential Appraisal Report signed and completed on April 4, 2006 for certain real property, and *3-4 the Preliminary Title Report completed on May 12, 2006.

Exhibit # 2-DG, the Grant Deed before being signed, notarized, altered and then recorded.

Exhibit # 2-DGA, Recorded May 26, 2006 in Official Records, County of Orange, California - the Grant Deed by and to Richard Shelley after being Altered and then subsequently recorded.

Exhibit # 2-DTO, the Deed of Trust before being signed, notarized, altered and then recorded.

Exhibit # 2-DTPA, Recorded May 26, 2006 in Official Records, County of Orange, California – pages from the Deed of Trust after being Altered and then subsequently recorded.

Exhibit # 2-FWR, a disclosure received April 15, 2008 from Fremont Investment & Loan in connection with Loan # 1000321997 together with the notice from Exhibit # 2-MC, at *1.

Exhibit # 2-MC Miscellaneous Correspondence

Exhibit # 2-MUA, an incomplete MERS Assignment Unexecuted date received unknown.

Exhibit # 2-RN2, the second Notice of Rescission mailed to Appellee Litton Loan Servicing L.P. certified return receipt seal stamp dated April 11, 2009 offering tender of property, a total accounting and calculation of principal due after crediting all amounts received.

Exhibit # 2-TDL, Recorded June 27, 2008 in Official Records, County of Orange, California - the Trustee’s Deed Upon Sale Mailed to Appellee Litton Loan Servicing L.P.

Exhibit # 2-TDLA, Recorded July 10, 2008 in Official Records, County of Orange, California - Assignment of Deed of Trust by Appellee Litton Loan Servicing L.P.

Exhibit # 2-TDR, Recorded July 16, 2008 in Official Records, County of Orange, California - Notice of Rescission of the Trustee’s Deed Upon Sale recorded on July 10, 2008.

Exhibit # 2-WQLS, consists of *1-3 Website of Appellee Quality Loan Service Corp. snapshots, *4-9 the linked instruments with added highlighting markups accessible from the website, and *10-12 declarations concerning the conflicting information surrounding the instruments.

Exhibit # 3-CLA, (part 1) filings from the civil limited action in the California superior court and facts relating to and circumstances surrounding the case.

Exhibit # 3-CLA,(part 2) filings from the civil limited action in the superior court and declarations.


Exhibit # 3-DTD, Recorded October 1, 2009 in Official Records, County of Orange, California - the Trustees Deed Upon Sale for the total amount of the unpaid debt together with costs: $0.00 by Appellee Quality Loan Service Corp. granting and conveying for the total bid amount of $0.00 paid by Tilamook Partnership et al. for such property, but without covenant or warranty, expressed or implied, all right title and interest conveyed to and held by it under the Deed of Trust executed by Richard Shelly, as trustor.

Exhibit # 3-MIN, webpage snapshots from the MERS (Mortgage Electronic Registration Systems) of the MIN (Mortgage Identification Number) # 1001944-1000321997-4 and a declaration.

Exhibit # 3-SP, Recorded October 6, 2009 in Official Records, County of Orange, California -Statement of Partnership by Tillamook Partnership.

Exhibit # 3-TPGD, Recorded January 4, 2010 in Official Records, County of Orange, California - a Grant Deed by Tillamook Partnership.

Exhibit # D-TOF, the email correspondence with the Court Reporter and the Clerk of the Court, and the Declaration as to the Filing of the Transcript Order.

Exhibit # FB-GN, some Factual Background of Gary Nguyen and his bankruptcy attorney who worked right next door to attorney Stephen F. Dial.

Exhibit # FB-SDS, some Factual Background of Steven David Silverstein.

Exhibit # R-POA, the Revocation in and Grant of Power of Attorney.

Exhibit # VD-PFC, past SEC case filed against two individuals who both have notarized deeds relating to the property in this case, and one of their real estate licensing information and mailing address.

D-ATH, Declarations as to Account Transaction History

D-CT, Declaration as to the Credit Transaction

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

Shelley v. Quality - Exhibit # 1-RN Page��



RICHARD SHELLEY,

Plaintiff – Appellant,

V.

QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING LLP

Defendants – Appellees, and

FREMONT INVESTMENT & LOAN

Defendant.

No. 09-56133D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana

EXHIBIT # 1-RN

ATTACHED DECLARATIONS OF RICHARD SHELLEY & PHILIP SHELLEY

I Richard Shelley Plaintiff/Appellant in the above captioned case do declare as follows. To the

best of my memory and belief on or about 3/21/08 after having received the certified delivery

return receipt included with the Notice of Rescission on the first page of this exhibit (Exhibit # 1-

RN), I instructed and authorized my son Philip Shelley to transmit the rescission notice either by

email notification or facsimile transmission and confirm delivery to Fremont Investment & Loan,

a Defendant in the above captioned case now on appeal. The transmission apparently was

successful by facsimile using a fax machine and a fax number provided by Defendant Fremont

Investment & Loan and delivery was apparently successfully confirmed telephonically by a

representative with the company. I Richard Shelley do declare under penalty of perjury that the

foregoing is true and correct.

/s/Richard Shelley 6/25/10 Richard Shelley Executed on

Shelley v. Quality - Exhibit # 1-RN Page��

Declaration of Philip Shelley

I Philip Shelley do declare as follows. On or about 3/21/08 with authorization from my father

Richard Shelley a party in the aforementioned captioned case of the previous page of this exhibit,

page 1 of this exhibit titled “Qualified Written Request NOTICE OF RESCISSION”(with the

return receipt included) Exhibit # 1-RN as part of this request for judicial notice, was transmitted

by facsimile to Defendant Fremont Investment & Loan at (866) 484-0291 which receipt was

verified by a representative of Fremont Investment & Loan believed to be named Evangelina

telephonically at (877) 537-3666. No objections or dispute occurred, no conditions were ever

proposed, the representative for Fremont Investment & Loan verified having received the

document which was identified by referring to the title of the Document as “Qualified Written

Request NOTICE OF RESCISSION”. Fremont Investment & Loan is a party in the captioned

case on the previous page of this exhibit. Which was filed in the United States District Court in

the Central District of California, Southern Division located in the city of Santa Ana, County of

Orange on 3/09/09, Case No. CACV 09-291 CJC which is now on appeal in the United States

Court of Appeals for the Ninth Circuit as Docket No. 09-56133. I Philip Shelley do declare under

penalty of perjury that to the best of my knowledge and belief the foregoing is true and correct.

Declarant: Philip Shelley - Date

Digitally signed by Philip J. Shelley DN: cn=Philip J. Shelley, o, ou, [email protected], c=US Reason: I attest to the accuracy and integrity of this document Date: 2010.06.25 11:39:38 -07'00'

Exhibit # 2-A1

CIlAGUI-OOJl6/2006

, ,

• C.F J. Al'PfWSALS t949) StO·908?

P~ge 1 016

•

••• Ves

or.:ji. ~;~ -Ty~ "M

I

IF1i No SnJOO !We 11

'.

fal1Il.t Mae Form 1004 Marc~ 2005

CIZAGUl-06Il el2006 • • FiIt# 61TI06

21. TI1! lellOe'/Clletll may disclose 01 aist"t>uta this ~pp,aisal 'epon 10: Ih~ bOllower: anelher lende' Bt the request 01 th@ oorrower: the mongagee or lIS successors and assigns: mOOgage insurers: government sponsored enterprises; Illner secoodary market participants: data collection or reporting services: pro!essmnal appraisal orgamzatioos: any (lepartment, ageflCY, Ilr Inslrumenlatity 01 \lie IJnile(l Stales: and any slate, the Dist(,ct 01 CciumDia, or otMI jUlisdic\lons; ",,;IMul navin!! 10 obtain IhC appralser"s or supervisOry appraiser"S (il applicable) consent. Such consent must be obtained berore lh ls appraisal reporl may be disc losed Ilr disuibuted 10 any other party (rnCludIl1C. but no; limited to, the Dutl!ic tnrougn advertlsinc, cuolie lelauo~ s. news, sales. or otlltl media).

22. I am aware iMI ~ny disclosure or distributIon ul [niS appraisal report bV me or the lendef/client mav be suOject to certain laws and regulati(lnS F~rth el , I am also subleC! 10 the provisions 01 the UnilOim Standards 01 Prol assional Appraisal P"elite lhat perta in 10 d<SClcsure or distribullon by me.

23. Tne bOllowel, anotller lendel al the Icqucst 01 lhe bOlioWel. the mortgagee or IrS successors ana assigns. mortgage InSUlCrS, govammen1 sponsoled enterprises, ana ornel secondary markel partiC ipantS may rely on til,s appraisal raport as part 01 any mortgage linanee lransaction that in~o l yes any O!le or more 01 these Danles.

24, II IhlS appraisal repM was tlan$mined as an "electrOnic record" cO!ll31ning my '·e lectrOniC s·gnalure:· as !nose lerms a'e aetired wI applicab le ledelal and/ ol stale laws (e~cluding audiO and vid~o reco'dings) , 01 a lacsimile transmission oi thIS appraisal reoon containing a copy or l€jl resenta tion 01 my signature. tM appraisal report shall be as eUeCl,ve, enlor~eaolll and valid 2S il a paper version 01 Ih is appraIsa l repOJ1 were delivered containIng my oliginal hand wollen s i rlflalur~ .

25. Any inlentional 01 ne!1igent mlsrepresemalicn(s) conLllnea in this appnllsal repon may result 10 Civil IlablUly lIndlor cnmnal penalties rncludmg. but nol limled to. line Of Imprisorunenl or b0111 under lhe provisions 01 Tille t8 . United States Code. SectIon 1001, 81 SBQ., or similar stale law ~.

SUPERVISORY APPRAISER' S CERTIFICATION: The Supervisory Appraisel cenll les ana agH~es tnat:

1, I OlleCi ly supelVlsed lhe appraisel tor thiS appraisal assignmem, have reaa the appraisal report, and agree witn the appfalser"s analYSIS. opin ions. slatements, conClUSIons, and the appraiser"s ccni1icalion .

2. I accept lul l responsibility for Ihe contents 01 this applaisal repon inc lUding. but not limited to, the appraiser's ana lysis, cpinions, statements, conclUSions. and Ihe appraise(s cerlilitatlon.

3. The appraiser ,dentiliearn thIS ~ppra isa( lepon is either a sub-contractor or an employee 01 the supervisory appra iser (01 tile appra:sa l tirm) , is Qua lified to pcrtOlm thiS apPlaisal. ana is acceptable to perlolm Ihls 3PPl31sai UMer the aw"cable state law.

4. This appra isal l epCfl complies wil~ the Unitorm Standards ot Ploles~ional Appraisal Plac!i~e that wNe aoopted ana promulgaled by Ine AppraIsa l Standards Boord 0 1 Thli Appraisal Foundation and tha! were in place at the time thiS appraisal lepo ~ was plepared.

5. It 1,'IS appraIsal report was transmitted as an '"etectronic record " Containin\l my "e!eC\lo!l1C SllJrtature: · as Ihose telms are datiJ1!d in apphcable federa l anel/or slate laws (excludmg audIO and video IccordlngSj. or a I ~csimile transmission 01 thIS appraosal report contaIning ~ copy 01 represenlatlOJl of my sIgnature, Ille app lalsal report shall ~e as eHectil 'e, entorceable and va~d as il a pape! version 01 th ,s apPlaisal report werp aelivered comaln lnlJ my origina l nand written SI!lna ture.

APPRAISER

Company ComPiny Address 14S50 PlanlM3 OI'JV(l La M~8<la Ca. 006:).8

Tetephone Number 949 .510-9962

Email AdOress £!!rpe<:aisa!s@c9mC3SI1>01 Date 01 SI {jnatUl~ and Report Ap<j 04. ?COG EtteClive Date ot Appraisal Apri 0.: , 2QOli Stale Celt,IIc3tion !I or Stale license " 01 OtMI (aeScri~e) Siale

AL03~Q2' Ex? 0~412006

Siale "

hillra:icfl Date 01 Cenltication or LIcense O~"'"_"''-__ _

AOOR~SS OF PROPERTY APPRAIS£O 6121 roll~tn<><>'A"'"

lENDHVCUENT

Name cc=,,---== C"mp.ny Name ."., I """'''''J Company Address 2t52 OuPOn1)J!!,!Q. SI.-ilo 10! 1M1e, Ca. 926 12

Emaill\.Ooress

SUPERVISORY APPRAISER (ONLY IF REQUtRED)

Signal:,';'~~~==~ ______ ____ ~~~~ ,,~

Company Name Company AMress

Telephone Number Email Address Date 01 SiI)natule Stale Cenllicailon fI

or State Lice~se " Stale Exp"allOn Date ot Cenlhcatlon or license

SUBJECT PROPERTY

Did not inspect sublect properly Oid Inspect exlellor 01 sulliect properly !rom slreet Date allnspection

Did insjl€ct iotaliel and exlerior 0' subject PIOjl€rly Date or InspeCl;on

COMPARABLE SALES

Did nol inspect exlerior 01 comparable s~les lrom Slreel

Did ins peel eXlelior 01 compalaOle sales tram slreet Date ot Inspection

Fredall! ~c FOlm 70 Marcn 2005 Page 6 016 fann.e Mae rcrm 10Q..( Marcn 2005

CIZAGUI-06f16f2006

Rl.!aIQucsu.:om ® - Repon • • Page 1 or2

Property Detail Report For Property Located At Rea IOu e s t.eam 6721 TILLAMOOK AVE, WESTMINSTER CA 92683-2572

Owner Information: Owner Name: SHELLEY RICHARD & JERRI L Mailing Address: 6721 TILLAMOOK AVE, WESTMINSTER CA 92683-2572 C026 Phone Number: Location Information: legal Description: County: Census Tract/ Block: Township-Range-$ect : legal Book/Page: Legal Lot:

Legal Block:

Markel Area: Neighbor Code:

N TR 2388 LOT 174 ORANGE, CA 999 .03/1

174

Owner Transfer Information: Recording/Sate Dale: 0312312005 / 03/1612005 Sale Price: Document # : 218548 Last Market Sale Information: Recording/Sale Dale: 08/08 /1985 ' 0411985 Sale Price: $75,000 Sale Type: FULL Document # : 294099 Deed Type. GRANT OEEO Transfer Document #: New Construction: TiUe Company: lender. Seller Name: GALE EDWARD J Prior Safe Information: Prior ReclSale Dale: , Prior Sale Price: Prior Doc Number: Prior Deed Type: Property Characteristics:

Gross Area: 1,257 Parking Type:

Living Area: 1,257 Garage Area:

Vesting Codes: HW II JT

APN : Allernale APN: Subdivision: Map Reference: Tract # :

SChool Distrk:t:

MunidTownship:

Deed Type: 151 Mtg Document # :

l si Mtg AmountfType: ls\ Mig Inl. RalefType: lSI Mtg Document # : 2nd Mig AmountJType: 2nd Mig tn\. Rc:l1errype: Price Per SqF\: Multi/Spl it Sate:

Prior Lender: Prior 1st Mig AmtfType: Prior 1St Mig RatefType:

203491 -20

2388 15-A5/797-G7 2388 HUNTINGTON BEACH UN

GRANT DEED 218549

I $59.67

GARAGE! CARPORT

ConstrUGtion ·

Heat Type: Tot Adj Area: Garage Capacity: 4 Exterior wall : Above Grade: Total Rooms: • Bedrooms· 3 Balh(FJH): 21 Year Buia I Eft: 1955 1 Fireplace : I # of Stories: 1.00 Other Improvements: Site Information:

ZOrling :

Flood Zone: X500 Flood Panel: 0602370119H Flood Panel Date · 0211812004 Land Use: SF. Tax Information : Total Value: $157,145 land Value· $90,635 Improvement Value· $66,510 Total TaxaIJle Vatue: $150,145

Parlung Spaces: Basement Area: Finish 8smnt Area : Basement Type: Roof Type: Foundation: Roof Malerial:

Acres: 0.36

Lot Area: 15,480 l ot Width/Deplh· 120)( 129 ResfComm UnilS: I

Assessed Year: 2005 Improve %: 042% Tax Year; 2005

Porch Type: Patio Type· Pool: Air COlld: Style: Quality: Condition:

County Use:

Siale Use· Site Innuence: Sewer Type· Water Type:

SINGLE FAM RESIDENCE

Property Tax : $1,979.46 Tax Area: 20033 Tax Exemption.

h \l p;/ /www.realquesl.cotn/jsplrcport.j sp·)s!..! rw rid -· rq02&c li em =& act i on=con Ii 1m & 1 Y pc= g c .. 5112/2006

CIZAGUI-06/16f2006 RcalQuCSLCOm '8.1 - Report •

Transaction History Report For Property l ocated AI

6721 TILLAMOOK AVE, WESTMINSTER CA 92683-2572

TRANSACTION HISTORY

History Record # : Sale: Sale Recording Date: Sale Date: Rec. Document #: Document Type: Title Company. Buyer: Setter: Financ e: Mig Recording Dale: Mtg Document # : Documenl Type' Lender: Loan Amount: Borrower 1. Borrower 2: Borrower 3. Borrower 4:

0312312005 Sate Price: 03 /1612005 Sale Price Type: 2t8548 MultilSplil Sale: GRANT DEED Other Document # : FIRST SOUTHWESTERN TITLE COM PA SHELLEY RICHARD & JERRI L CAL VET

03/2312005 218549 TRUST DEED

$260,000 / SHELLEY RICHARD SHELLEY J ERRI L

Mig loan Type: Mtg Rale Type:

Mtg Term: MIg Rate: Borrower Vesting:

• Rea IOu e s Leam

UNKNOWN

PRiVATE PARTY AOJ

5 YEARS 9 HW I/ JT

h 11 P :llwww.rcalquest.com/jsr/rc porl.jsp?s\.! rvl..riJ=rq02&.\.! lit: n t - & ,1(.:1 i on - Cl) n Ii rrn & I Y pc=gc. . 5/12/2006

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

Shelley v. Quality� ��



RICHARD SHELLEY,


V.




Defendant.


EXHIBIT # 2-DG ATTACHED DECLARATION OF PHILIP SHELLEY

I Philip Shelley do declare the following. I have reviewed and compared both this exhibit

(RJN Ex. # 2-DG *1) and RJN Ex. # 2-DGA. In this declaration attached to the exhibit I have

included a miniature image shot from RJN Ex. # 2-DGA, at *1 with added red and purple

markings indicating what alterations were apparently made without Richard Shelley’s knowledge

sometime before or after the transaction which is as it appears when the instruments to have been

signed and notarized, but without formal notice for authorization nor consented approval being

made prior to or after the instrument had been recorded. Some obvious signs other than the

handwritten modifications marked in purple that were no doubt made after the apparent signing

and notarization which at the time appears to have contained no exhibit A at the time of the

transaction are as follows. The addition made following “Richard Shelley, an Unmarried

Man” in Times New Roman font, the following was added using Courier New font similar to

this:

Shelley v.

“, separa

RJN Ex.

quoted in

as Richa

descriptio

incorrect

declare u

and to th

. Quality�

who acate prope

# 2-DGA, a

n the instrum

ard L. Shelly

on which the

t despite the

under penalty

e best of my

cquired erty

at *1. You c

ment from wh

y nor ever

ere was plen

e correct add

y of perjury

y knowledge

title a

an even tell

hich they are

as Richard

nty of room f

dress being

y that I have

the foregoin

s a sin /Richar

just by com

e cited and R

Shelly. The

for. The purp

in the uppe

reviewed th

ng is true an

Dec

ngle manrd L. She

mparing the t

Richard She

e legal desc

ported addre

er left hand

he exhibits r

d correct.

clarant: Phi

n as hielly”

two comma

elley did not

cription is n

ess added to

d corner. I P

referred to in

ilip Shelley

�

s sole

as from the a

ever acquire

not the full

the instrum

Philip Shelle

n this declar

- Date inclu

��

and

above

e title

legal

ment is

ey do

ration

uded

Digitally signed by Philip J. Shelley DN: cn=Philip J. Shelley, o, ou, [email protected], c=US Reason: I have reviewed this document Date: 2010.07.23 17:38:50 -07'00'

Exhibit # 2-DGA

Exhibit # 2-DTO

Lender's address is 2121 E IMPERIAL HIGHWAY , SREA CA 92821

(D) "Teostee" ~ FREMONT GENERAL CREDIT CORPORATION , A CALIFORNIA CORPORATION

(E) "MERS" is Mongage Electronic Registration Systems. Inc. lvIERS is a separale corporation thal is acting solely as a nominee for Lender and Lender 's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, M] 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated t.!ay 15, 2006 The Note states that Borrower owes Lender Two Hundred Seventy-Three Thousand and

No / 100 ---------------------------------------------- DollMS (U.S. $ 273, 000 . 00 ) plus interest. Borrower has promised lO pay this debt in regular Periodic Payments and to pay the debt in full nOl later than June 1 , 2036 (G) " I>roperty" means the property that is described below under the heading "Transfer of Rights in the Property." (H) " l oan" means the debt evidenced by the Note, plus interest. any prepayment charges and lale chMges due under the Note, and all sums due under !his Security Instrumenl, plus intereSt. (I) " Riders" means all Riders to this Secur ity Instrument thaI are executed by Borrower. The foUowing Riders are to be executed by Borrower r check box as applicable]:

~ Adjustable Rale Rider ~ Balloon Rider o VA Rider

o Condominium Rider o Planned Unit Development Rider o Biweekly Payment Rider

o Second Home Rider o 1-4 Family Rider D Oth,,(s) [specify]

(J ) "Applicable Law" means all conlrolling applicable federal. state and local stalUtes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final. non-appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Properly by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an elOClI'onic terminal, telephonic instrumenl, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, poinl-of-sale transfers, auLOmated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" metms those items that are described in Section 3. (N) " Miscellaneous Proceeds" means any compensation, settlemenl, aWMd of damages, or proceeds paid by any th ird party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or dcstruction of, the Property; (ii) condemnation or o ther taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of lIle Property. (0 ) "Mortgage Insurance" means insurance proleCting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amoum due for (i) principal and intercst under the Note, plus ( ii) any amounts under Section 3 of this Security Instrument.

Q-6A{CA) (0207) ®

Pege201 IS

Inlll_I", ___ _

Form 3005 1101

(Q) " RESPA" means the Real Estate Setllement Procedures Act (12 U.S.c. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA " refers to all requirements and restrictions that are imposed in regard to a "federally related rnongagc loan " even if the Loan docs nm quali fy as a "federally related mortgage loan" under RESPA. (R) "S uccessor in Interest of Borrower" means any party that has taken title to the Property, whether or not thaI party has assumed Borrower 's obligations under the Note and/or this Security InslIUmenl.

TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nom inee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. Th is Security InslIUmelll securcs to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) 1I1e performance of Borrower' s covenants and agreements undcr this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in lIuSt, with power of sale, the following described property located in the

or ]Type of Recording J\1risdiction]

ParcellD Number:

("Propcrty Address"):

[Name of Recording Jurisdictionl

which currently has the address of [Streetl

[Ci t)'], California [Zip Code]

TOGETIffiR WITH all the improvemellls now or hereafter erected on the property, and all casements, appurtenances, and fi xturcs now or hereafter a part of the property. AU replacemellls and additions shall also be covered by this Security InSlrumenL All of the forego ing is referred to in this Security Instrument as the "Property." Borrower understand" and agrees that MERS holds only legal title to the interests granted by Borrower in this Security InSlrumeIll, but, if necessary to comply with law or custom , MERS (as nominee for Lender and Lender 's successors and assigns) has the right: to exercise any or all of those intefCSts, including, but not limited 10, the right to foreclose and sell the Property; and to take any action required of Lender includi ng, but nOl lim ited to. releasing and canceling this Security lnslrument.

BORROWER COVEN ANTS that Borrower is lawfull y seised of the estate hereby conveyed and has the right to grant and convey the PI"operty and that the Property is unencumbered, except for encumbrances

G -6A (C A ) (0207) ®

Paee 301 15 InI1Ial.,, ___ _

Form 3005 1/01

Exhibit # 2-DTPA

ORANGE,CA DOCUMENT: TD 2006.359250 Page 1 of 21

Printed on 4/22/2008 3:50:37 PM Provided by DataTrace System

CALifORNIA COUNTIES TITLE CO.

Recording Requested By:

Return To: FREMONT INVESTMENT & LOAN P.O. BOX 34078 FULLERTON, CA 92834-34078

Prepared By: BARBARA LI CON

1000321997

Recorded In Official Records , Orange County

Tom Daly, Clerk·Recorder

111111111111111111 1111111111111111111 11 11 1111111111111 111111 66.00

2006000359250 04:30pm 05/26106 1051301121

0.000.000.00 0.00 60.00 0 .00 0.00 0.00

~:::""""--==.q""------ [Space Above This Line For Recording Data] - - ---- -----

~:2DO.LfH·20 DEED OF TRUST NUN 1001 944-1000321997-4

DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. .

(A) "Security Instrument" means this document, which is dated May 15 , 2006 rogether with all Riders to this document. (B) "Borrower" is RICHARD SHELLEY, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY.

Borrower's address is 6721 TI LLAMOOK AVENUE ,WESTMINSTER, CA 92683 . Borrower is the trustor under this Security Instrument.

(C) "Lender" is FREMONT INVESTMENT & LOAN

Lender is a CORPORATION organized and existing under the laws of CA L I FORN I A

CALIFORNIA-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3005 1/01

Gil -6A(CA) (020 7) !1rJ-, Pago ~ 011 5 In lt la I 8:~

VM P MORTGAGE FORM S - (800)521-72 91

Philip J S

Rectangle

Philip J S

Rectangle

ORANGE,CA DOCUMENT: TD 2006.359250 Page 3 of 21

Printed on 4/22/2008 3:50:38 PM Provided by DataTrace System

(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might he amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in lliis Security Instrurnen~ ''RESPA'' refers to all requirements and restrictions lliat are imposed in regard to a "federally related mortgage loan" even if llie Loan dnes not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party lliat has taken title to llie Property, whellier or not that party has assumed Borrower's obligations under llie Note and/or lliis Security InSb.1iment.

TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of lliis Security Insb.1iment is MERS (solely as nominee for Lender and Lender's successors and assigns) and llie successors and assigns of MERS. This Security InSb.1iment secures to Lender: (i) llie repayment of llie Loan, and all renewals, extensions and modifications of llie Note; and (ii) llie performance of Borrower's covenants and agreements under lliis Security InSb.1iment andllie Note. For lliis purpose, Borrower irrevocably grants and conveys to Trustee, in trust, willi power of sale, llie following descnbed property located in llie County of ORANGE

[Type of Recording Jurisdi ction l (Name of Recording Jurisdiction)

SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.

Parcel ID Number: 20349120 6721 TILLAMOOK AVE WESTMINSTER

("Property Address"):

which currently has lIIe address of

[City ), California 92683 . (Streetl

(Zip Codel

TOGETHER WITH all the improvements now or hereafter erected on llie property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by lliis Security Insb.1iment. All of the foregoing is referred to in this Security Insb.1iment as llie "Property." Borrower understands and agrees that MERS holds only legal title to llie intereslS granted by Borrower in this Security Insb.1iment, bu~ if necessary to comply with law or custom, MERS (as nominee for Lender and Lender 's successors and assigns) has the right to exercise any or all of lliose interests, including, but not limited to, llie right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.

BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and dlat llie Property is unencumbered, except for encumbrances

G -SA(eA) (0207) ®

Page :l of15 ' n "'a',,~

Form 3005 1/01

Philip J S

Rectangle

Philip J S

Rectangle

Philip J S

Rectangle

Philip J S

Rectangle

Philip J S

Rectangle

Philip J S

Rectangle

Philip J S

Highlight

Philip J S

Highlight

Philip J S

Highlight

Exhibit # 2-FWR

Pay to !he <><dar 01

Exhibit # 2-MC

.~ Litton Loan Servicing"

August 20. 2008

Richard Shelly 6721 Tillamook Avenue Westminster, CA 92683

Re: Loan Number: Property:

Dear M e. Shelly:

40191066 6721 Tillamook Avenue Westminster, CA 92683

4828 Loop Central Drive Houston, TX 77081

Telephone }-800-247-9727 Fax 713-966-8975

www.littonloan.com

Thank you for your correspondence received July 25, 2008, regarding the referenced loan.

Effective June 1,2008, the servicing of your loan transferred from Fremont Investment & Loan to Litton Loan Servicing LP (" Litton"). Litton services your loan in accordance with the original loan documents signed at closing; the terms and conditions afyouc loan did not change as a result of the loan transfer.

The Validation of Deb! Notice dated June 13, 2008, stated the amount of debt as of the date of the notice. As of this date, the amount of debt was $295,880.39. The debt consisted of a principal balance of $271,587.04, interest of $20,544.24, an escrow advance balance of $2,312.00, a late fee balance of $1 ,108.89, an other fee balance of $2,381.65, and a miscellaneous suspense account credit of$2,053.43. Suspense accounts are where funds are held for future use.

In an effort to provide you with infonnation regarding the loan's terms, enclosed arc copies of the Adjustable Rate Note, Deed of Trust, and applicable Riders for your review.

We have also enclosed a copy of the Detail Transaction History for your review. This document will serve as an accounting of all payments posted, all payments disbursed, and fees assessed to the loan. The Detail Transaction History repoll will also detail a ruooing principal balance.

Cellain data is considered confidential and proprietary information. Therefore, we are unable to provide the licensing information requested in your correspondence.

As of the date of this letter, the loan is contractual ly due for the November 1, 2007 through August 1,2008 installments of S25,088.40, which include a late fee balance ofSI ,367. 19, and an other fee balance of S2,988 .65.

LITTON LOAN SERVICING LP IS A DEBT COLLECTOR. THIS LETTER IS AN ATTEMPT TO COLLECT YOUR DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING, THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AN ATTEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONALLY.

Doc 10: 25 1992

Richard ShellyPage 2August 20, 2008

Should you have any further questions, please contact our Default Counseling Department at1-800-999-8501 or visit our website at www.littonloan.com.

Sincerely,

Customer Assistance Response Team

Enclosures: Adjustable Rate Note, Deed of Trust, applicable Riders, and Detail Transaction History

Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711

Date: 11119/2008

T.S. Number: CA-08-209141-JB Loan Number: 40191066

DEBT VALIDATION NOTICE

1. The enclosed document relates to a debt owed to:

Litton Loan Servicing LP

2. You may send us a written request for the name and address of the original creditor, if different from the current creditor, and we will obtain and mail the information within thirty (30) days after we receive your written request.

3. As of 11/6/2008 the total delinquency owed was $31,610.15, because of interest, late charges, and other charges that may vary from day to day this amount will increase until the delinquency has been fully paid. Before forwarding payment please contact the above at the address or phone number listed in order to receive the current amount owed.

4. As of 11119/2008, the amount required to pay the entire debt in full was the unpaid principal balance of $271,440.29, plus interest from 10/1/2007, late charges, negative escrow and attomey and/or trustee's fees and costs that may have been incurred. The amount will increase daily until the debt has been paid in full. For further information please write to the above listed address or call 619-645-7711.

5. You may dispute the validity of this debt, or any portion thereof, by contacting our office within thirty (30) days after receiving this notice. In that event, we will obtain and mail to you written verification of the debt. Otherwise, we will assume that the debt is valid.

WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.

Initial Debt Collection Dispute Letter

Today's Date

Richard Shelley 6721 Tillamook Ave, Westminster, CA 92683

Quality Loan Service Corp. 2141 5th Avenue, San Diego, CA 92101

Dear Quality Loan Service Corp.,

I am writing in response to your Debt Validation Notice dated 11119/2008, (copy enclosed) because I do not believe lowe what you say lowe.

This is the fust I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

I respectfully request that you provide me with the following information:

• (1) the amount of the debt;

• (2) the name of the creditor to whom the debt is owed;

• (3) Provide a verification or copy of any jUdgroent (if applicable);

• (4) Proof that you are licensed to collect debts in California

• (5) Copies of the Alleged Secured Obligation Securing Quality Loan Service Corp. the Real Property of one Richard Shelley as His Sole and Seperate Property More Commonly Known as 6721 Tillamook Ave, Westminster, CA 92683 as Security, Secured by Right to Power of Sale to Satisfy Said Secure Obligation

• Official Notorized (as of Most Recent Date) Copies of The Original Note of Unsatisfied Obligation

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:

r • because I have disputed this debt in writing within 30 days of receipt of your

dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;

• you cannot add interest or fees except those allowed by the original contract or state law.

• you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCP A;

Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.

I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCP A.

Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.

Richard Shelley

SENDER: COMPLETE THIS SECTION

(Sale Beneficiary)

Philip Shelley

(Retained Attorney)

Stephen pial

""""' . Complete items-1. 2. and 3. Also complete . item 4 if Restricted Delivery is desired.

• Print your name and address on the reverse so that we can return the card to you.

. Ii Attach this card to the back of the mail piece. or on the front if space permits.

If YES, enter delivery address below:

3. Service Type ..8. Certified Mall 0 Express Mall Q Registered 0 Return

r-_D~l _lns_u_~~M~all~~D~~C~.O~.D~. __ ~ru 4. Restricted Delivery? (Extra Fee) Cl

~~~~~--------______________ L-__________ == ______ ~ g 2. Article Number

(rransferfrom service fI 7007 3020 0002 2196 6328 I PS Form 3811 . February 2004 Domestic Return Receipt

" .. Litton Loan Servicing~ 4828 Loop Central Drive Houston, TX 77081

Telephone 1-800-247-9727 Fax 713-218-3777

www.littonloan.com

January 5,2009

Richard Shelly 6721 Tillamook Avenue Westminster, CA 92683

Re: Loan Number: Property:

Dear Richard Shelly:·

40191066 6721 Tillamook Avenue, Westminster, CA 92683

Thank you for your correspondence received on December 31, 2008, regarding the referenced loan.

The correspondence received constitutes the letter as a "qualified written request" under the Real Estate Settlement Procedures Act ("RESPA"). RESPA's "qualified written request" provisions require loan servicers to provide only information and doc,\llllentation that relates to the servicing of a loan. In compliance with these requirements, we are providing copies of documents and information that relate primarily to the servicing of your loan.

Litton Loan Servicing LP ("Litton") services the loan in accordance with the terms of the original loan agreement. In an effort to provide you with information regarding the loan's terms, enclosed are copies of the Adjustable Rate Note, Deed of Trust, Uniform Residential Loan Application, Federal Truth-InLending Disclosure Statement, Good Faith Estimate, and appycable Riders for your review.

We have enclosed a copy of the Detail Transaction History for your review. This document will serve as an accounting of all payments posted, all payments disbursed, and fees assessed to the loan. The Detail Transaction History report will also detail a running principal balance.

According to the terms of the original agreement, if the loan is in default, the mortgage servicer is permitted to order property inspections, Competi6ve Market Analysis's 's ("CMA"), perform property preservation measures, and if necessary, refer the loan for legal action.

A CMA is an inspection conducted by a mortgage broker wherein the broker obtains a valuation of the property. A CMA is completed for purposes of property preservation under the terms of the loan documents.

The mortgagor is responsible for the reimbursement of the corporate advance expenses. Enclosed is a copy of the Composite Report, which itemizes all corporate advance fees assessed to the loan. Corporate advance fees may also be referred to as "other" fees.

LITTON LOAN SERVICING LP IS A DEBT COLLECTOR. THIS LETTER IS AN ATTEMPT TO COLLECT YOUR DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING, THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT Al"l" ATTEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONALLY. Doc ID: 289623

ltichard Shelly January 5, 2009 Page 2

Litton is servicing the loan on behalf of HSBC Bank USA, National Association, as trustee under the Pooling and Servicing Agreement dated as of September I, 2006, Fremont Home Loan Trust 2006-C. Wells Fargo is the Trust Administrator. All inquiries regarding the loan should be forwarded to:

Linon Loan Servicing LP Attention: Customer Assistance Response Team

4828 Loop Central Drive Houston., TX 77081

We are unable to accept the tenns stated on your correspondence. On October 8, 2008, the loss mitigation request was denied.

The loan has been referred to an attorney for forecloswe. Therefore. we recommend you contact a foreclosure loan counselor to discuss options for which you may qualify.

To request a reinstatement or payoff amount, please contact the Quality Loan Service Corporation at (619) 243-3951.

Should you have any further questions, please contact our Foreclosure Department at (800) 999~8501 or visit our website at www.littonloan.com.

Sincerely,

Customer Assistance Response Team

Enclosures: Adjustable Rate Note, Deed of Trust, Uniform Residential Loan Application, Federal Truth-In-Lending Disclosure Statement, Good Faith Estimate, applicable Riders, Detail Transaction History, and Composite Report

Philip J S

Rectangle

Exhibit # 2-MUA

Recording Requested By/Return To: FREMONT INVESTMENT 8. LOAN P.O. BOX 34018 FULLERTON, CA 92834-34018

ASSIGNMENT OF DEED OF TRUST FOR VALUE RECEIVED, Mongage Electronic Registration Systems. Inc. ("MERS") as nominee for

FREMONT INVESTMENT I LOAN assign. transfer and convey. unto

its successors and assigns. docs hereby grant. sell.

• a COI'JXlralion organized and existing under the laws of (herein "Assignee"). whose address is ilS successors and assigns. aU ilS right, title and interest in and to a certain Deed of Trust. dated May 15. 2006

. made and executed by RICHARD SHELLEY, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY.

w FREMONT GENERAL CREDIT CORPORATION, A CALIFORNIA CORPORATION

following described property situated in of

such Deed of TruSl having been given to secure payment of Two Hundred

and Noll 00 --------------------------------------(Include the Original Princip.l Amount)

Trustee. upon the • State

Seventy-Three Thousand ($ 213,000.00)

which Deed of Trust is of record in Book, Volume. or tiber No. ,at page (or as No. ) of the Records of County. State of , together with the nOle(s) and obligations therein described, the money due and to become due !hereon wi!h interest, and all rights accrued or to accrue under such Deed of TrusL MERS· Multl,tllt. A.,lgnment of Deed of Trult 0..950 (0110).01 10101 P.g.' a12

VMP 1oI0ATG",OE FOAMS • (IOOI521·72i11 11111111111

TO HAVE AND TO HOLD, the same Un!O Assignee, its successor and assigns, forever, subject only to the terms and condilions of the above-described Deed of TruSL

IN WTINESS WHEREOF, the undersigned Assignor has executed this Assignment of Deed of Trust on

Wilnen J. BEDOLLA

W;tncn D. PEREZ

AIt~$ 1 T. CARTER

This Instrument Prepared By: BARBARA P.O. BOX 34078. FULLERTON.

LICON

Mortgage Electronic Registration Syslems, Inc. ("MERS")

• address: CA 92834-34078 • tel. no.: (714) 283-6579

MIN: 1001944-1000321997-4 MERSPhone: )·888·679-6317

G ·950 (D l ll)l .Ol • 4100

Exhibit # 2-RN2

Dear Trustee, Date April 1, 2009

Notice of Extended Rescission of the loan numbers 1000321997, 40191066, MERS M.I.N. 1001944-1000321997-4 and Deed of Trust recorded 5/26/2006 as Instrument No. 2006000359250 of the Official Records in the office of the Recorder of ORANGE County, California

We recently sent you a signed rescission form by way of fax and you did not respond. This notice shall be used as an Official Notification of offer to tender property known as 6721 Tillamook Westminster California 92683 A.P.N.203-49\-20 provided that you return the original Note, Deed of Trust, applicable Riders, all original documentation received from prior lender known as Frank Livacich in connection with the loan dosing and all proceeds from the loan consumption in addition to interest and payments you've received under the note. By not including an expiration date on the three day right of rescission form is a violation of The Truth In Lending Act which extends our rescission right for up to three years this shall be effective notice to all parties in interest effective as of the date of your signatory receipt. In addition to tbe above requested before tender is made you must record a release of mortgage in the local county records where the property is located and tender must be made at the location of the property as we are cboosing to make that request. Please be advised that we also reserve the right to tender the funds in exchange for release of the security interest on the property so please do the proper accounting calculations so as we might be able to readily settle tbis agreement in this case. enclosed are copies of our signed forms of rescission with no expiration date, prompt response within twenty days of receipt of this notice is demanded.

Respectfully Philip J . Shelley & Ricbard L. Shelley

Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. X Print your name and address on the reverse \-----:-:-----r:-c:c"'-"" ";' so that we can return the card to you. Attach this card to the back of the maitpiece, or on the front if spZlce permits.

Article Addressed to:

L " 1-b-. L-=::~ S"",,,, G("'G-C-P

4<,(d.~ k.:y=. Ce~t(~1 0('

!-Io~.~ -r.x "-VID~)

D,

0 1

o

$5.32

03 ........ .... 04/09/2009

'" t~~~~:~~~~l~L:~ 2. ArtIcle Nklmber 70 07 1490 000 0 46 32 0 24 5 , -=~m~~~~ ... ~~~~~~~~==~~~~::~:::;~~~~ ______ ~~

~PS Form 3811, February 2004 DomestIc Return ReceIpt t025J5.<

4,

NOTICE OF RIGHT TO CANCEL Borrowers: R I CHARD SHELLEY Application #: 1000321997

YOUR RIGHT TO CANCEL You afe entering into a transaction that will result in a mortgage, lien, or security interest on your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occur tast:

(1) the date of the new transaction , which is 5 / 15 / 06 ; or (2) the date you received your new Truth in Lending disclosures; or (3) the date you received this notice of your right to cancel.

If you cancel this transaction, the mortgage. lien , or security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the mortgage, lien, or security interest on your home has been cancelled, and we must also return to you any money or property you have given to us or anyone else in connection with this transaction.

Vou may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property , you must offer its reasonable value. You may otter to return the property at your home or at the iocation of the property. Money must be returned to the address below.

If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation.

HOW TO CANCEL If you decide to cancel the new transaction, you may do so by notifying us in writing, at:


1000 N. PACIFICENTER DRI VE ANAHEIM. CA 92806 Funding Dept. Attn: Funding Manager

Vou may use any written statement that is signed and dated by you and states your intention to cancel, and/or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights.

If you cancel by mail or telegram , you must send the notice no later than midnight of --=cc---(dOl')

(or midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way , it must be delivered to the above address no later than that time.

I WISH TO CANCEL

,~.~~~~-------- Oote

[/We Received Two (2) copies of the Notice of Right to Cancel this Date ___________ • 20 _ _ .

(Signotln) RICHARD SHELLEY

(Signan ... )

(Signolln)

NORTCGEN pen 01123103

NOTICE OF RIGHT TO CANCEL Borrowers: RICHARO SHELLEY Application II: 1000 3219 97

YOUR RIGHT TO CANCEL You are entering into a transaction that will result in a mortgage, lien , or security interest on your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occur last:

(1) the dale of the new transaction, which is !iill/06 ; or (2) the date you received your new Truth in Lend ing disclosures; or (3) the date you received th is notice of your right to cancel.

If you cancel this transaction, the mortgage, lien, or security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the mortgage, lien, or security interest on your home has been cancelled, and we must also return to you any money or property you have given to us or anyone else in connection with this transaction.

You may keep any money or property we have given you until we have done the things mentioned above, but you must then offe r to return the money or property. If it is impractical or unfair for you to return the property , you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below.

If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation.

HOW TO CANCEL If you decide to cancel the new transaction , you may do so by notifying us in writing , at:

FREMONT INVESTMENT a LOAN

1065 N. PACIFI CENTER DR I VE ANAHEIM , CA 92806 Funding Dept . Attn: Funding Mana ger

You may use any written statement that is signed and dated by you and states your intention to cancel, and/or you may use this notice by dating and signing below. Keep one copy of th is notice because it contains important information about your rights.

If you cancel by mail or telegram, you must send the notice no later than midnight of __ ,,;;;:; ___ _ (d.to)

(or midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time.

,~ "', .. "c------ -

Itwe Received Two (2) copies of the Notice of Right to Cancel this Date , 20 __ .

(Signal".) RI CHARD SHELLE Y (Signa! .... )

NORTCGEN jJUl 07123103 "¥l FREMONT liiJ INVESTMENT&LOAN

Exhibit # 2-TDL

RECORDING REOUESTED BY: Law orn::cs of Les Zieve

ANO WHEN RECORDED TO: LlnON LOAN SERVICING LP 4828 Loop Central Drive Houston, TX 77081·2226

Forw~rd Tn Stalemenblo thl ilddrHs given above

TS #: 8190 loan #: 40191066

Recorded In Official Rec:ordS, Orange County

Tom Dilly. Clerk.Recorder

11111111111111 II IIIIDIIIIII IIIIIIIII 9.00

2008000310088 12:37pm 06/27/08 11392 T09 2

0.000.000.00 0.00 3.00 0.00 0.00 0.00

ISPACE" ABOVE LIN!": ,OR FU:C~S USE"ONLy]

Order#: E728151

TRUSTEE'S DEED UPON SALE A.P.N.: 203-491·20 Transfer Tax: $0.00 "THIS TRANSACTION IS EXEMPT FROM THE REQUIREMENTS OF THE REVENUE AND TAXATION CODE, SECTION 480 .3"

The Grantee Herein WAS The Foreclosing BenefICiary. The Amount of The Unpaid Debt was $297,708.64 The Amount Paid 81' The Grantee Was $297,708.64 Said Property Is In The Cit~' of WESTMINSTER. County of Orango

Law Offices of Les Zieve, as Trustee, (whereas so designated in the Deed of Trust hereunder more particularly described or as duly appointed Trustee) does hereby GRANT and CONVEY to

HSBC Bank USA, National Association, as Trustee under the Pooling and Servicing Agreement dated as of September 1,2006, Fremont Home Loan Trust 2006-

(herein calJed Grantee) but without covenant or warranty. expressed or implied, all right title and interest conveyed to and now held by it as Trustee under the Deed of Trust in and to the property situated in the county of Orange, State of CALIFORNIA, described as follows:

LOT 174, TRACT 2388, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 77, PAGES 39 TO 41 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY. AS PROVIDED IN DEEOS OF RECORD.

6721 TILLAMOOK AVE WESTMINSTER, CA 92683

Th is conveyance is made in compliance with the terms and provisions of the Deed of Trust executed by RICHARD SHELLEY, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY as Trustor, daled 5/1512006 of the Official Records in the office of the Recorder of Orange, Califomia under the authority and powers vested in the Trustee desigllated in the Deed of Trust or as the duly appOinted Trustee, default having occurred under the Deed of Trust pursuant to the Notice of Defau lt and Election to Sell under the Deed of Trust recorded on 512612006, instrument number 2006000359250, Book ,Page of Official records. Trustee having complied with all.applicable statutory requirements of .-the State of California and performed all duties required by the Deed of Trust including sending a Notice of Default and Election to Sell within ten days after its recording and a Notice of Sale at teast twenty days prior to the Sale Date by certified mail, postage pre-paid to each person entitled to notice in compliance with California Civil Code 2924b.

TRUSTEE'S DEED UPON SALE

T5#: 8190 LO<ln II: 40191 066

Order#: E128151

All requirements per Califomia Statutes regarding the mailing, personal delivery and publication of copies 01 Notice of Default and Election to Sell under Deed of Trust and Notice of Trustee's Sale, and the posting of copies of Notice of Trustee's Sale have been complied with. Trustee, in compliance with said Notice of Trustee's sale and in exercise of its powers under said Deed of Trust sold said real property al public auction on 6120/2008 . Grantee, being the highest bidder at said sale became the purchaser of said property for the amount bid, being $297,708,64, in lawful money of the United States, in pro per, receipt thereof is hereby acknowledged in full/partial satisfaction of the debt secured by said Deed of Trust.

In witness thereof. Law Offices of Les Zleve, as Trustee, has this day. caused its name to be hereunto affixed by its officer thereunto duly authorized by its corporation by-laws.

Dale: 6120{2008

Siale of California County of Orange

By:

LAW OFFICES OF LES ZIEVE, as Trustee r

Chr istine 0 '8 • Tr tee ale Officer

On 6·20-08 before me. Gaby Ospino. personally apPeared. Christine O'Brien who proved to me on Iho basis of satisfactOl)' evidence to be the persoo{s) whose name{s) isfare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hislherllhelr authorized capacity(ies). and that by hisJherftheir signature(s) 011 the instrument the person(s), or the entity upon behalf of whIch the person{s) acted. executed the Instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California thai the foregoing paragraph is true and correet.

WITNESS m nd and official seal. (;

SI~(J "'" '1)1· .'1"" n VT~lJ(YJ

II ·,'III ...... ',WJ

1.1.1'1' 11.1/ ' -\'1 II/:rl!

(seiJl)

• __ d ", '1

. _ l 'n lol:C1!iI IHL UH )

Exhibit # 2-TDLA

Recorded In Official Records, orange county

Tom Daly, Clerk-Recorder

Requested and Prepared by:Law Offices of Les Zieve

1111I1111111111111111111111I111111111111111111111111111111111 6.00

2008000329702 10:45am 07/10/08119159A321

0.000.000.000.000.000.000.00 0.00

When Recorded Mail To:

LITTON LOAN SERVICING LP4828 Loop Central DriveHouston, TX 77081-2226

Loan No.:40191066 TS No: 8190ASSIGNMENT

OF DEED OF TRUST

For Value Received, the undersigned corporation hereby grants, assigns, and transfers to:

HSBC Bank USA, National Association, as Trustee under the Pooling and ServicingAgreement dated as of September 1,2006, Fremont Home Loan Trust 2006-

all beneficial interest under that certain Deed of Trust dated: 5/15/2006 executed by RICHARD SHELLEY, ANUNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, as Trustor{s), to Fremont General CreditCorporation, A California Corporation, as Trustee, and recorded as Instrument No. 2006000359250, on5/26/2006, in Book ,Page of Official Records, in the office of the County Recorder of Orange County,California together with the Promissory Note secured by said Deed of Trust and also all rights accrued or toaccrue under said Deed of Trust.

Dated: _ By: Fremont Investment & Loans

Diane DixonAssistant Vice President

Litton Loan Servicing LP.Attorney-in-factState of I ~)(.as.County of If a •...rt5

On .11It\!.30 .200B before me. 6rend:et E McKio7C¥ ' personally appeared.'DIane DIXon who proved to me on the baSIS of satisfactory evidence t be the person(s) whose name(s) is/are

subscribed to the within instrument and acknowledged 10me that he/shelthey executed the same in his/herJlheir authorized capacity(ies), andthat by his/her/their signalure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed theinstrument.

I

.11:J(l;il') .d!'d/;

i i I' ; \ ,

(,-, .!j )~. "'1.'~: J

\J/\H il~: '[f. -Iii rl.

Requested and Prepared by: Law Offices of Les Zieve

When Recorded Mail To:

LITTON LOAN SERVICING LP 4828 Loop Central Drive Houston, TX 77081·2226

Loan No.: 40191066

Recorded In Official Records, orange county

Tom Daly, Clerk-Recorder

1111111111111111111111111111111 11111 1111111111 1111111111111 11 6.00

2008000329702 10:45am 07/10/08 119159 A32 1

0.000.000.000.000.000.000.00 0 .00

TS No: 8190

ASSIGNMENT OF DEED OF TRUST

For Value Received, the undersigned corporation hereby grants, assigns, and transfers to:

HSBC Bank USA, National Association, as Trustee under the Pooling and Servicing Agreement dated as of September 1,2006, Fremont Home Loan Trust 2006-

all beneficial interest under that certain Deed of Trust dated: 5/15/2006 executed by RICHARD SHELLEY, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, as Trustor(s), to Fremont General Credit Corporation, A California Corporation, as Trustee, and recorded as Instrument No. 2006000359250, on 5126/2006, in Book ,Page of Official Records, in the office of the County Recorder of Orange County, California together with the Promissory Note secured by said Deed of Trust and also all rights accrued or to accrue under said Deed of Trust.

Dated: _ _ _______ _

State of , ~ xaS. County of I f a .... rt",S

By: Fremont Investment & Loans

On .III~ 30 200B before me. 6rend:et E McKio7¥ ' personally appeared. iane Dixon who proved to me on the baSIS of satisfactory evidence t be the person(s) whose name(s) is/are

subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herltheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

( • ~ It ) l' .I.! \~: j

,/'J "~H II i: '!f J ·f iJ rc-

I

JJ-(i;;{) J

iP·· I .r: (i / r ) ,

,~~ \i'lI'U,ii; . ....... ..., -.- ""-'" .... .., ,. • ~ <

,,~\~~~!~r.~.t-~ ... BRENDA F. MCKINZV f: .. ':':f. NOla r'; 'P Cl bllc! S~Btiom-exas '$' ' .. -;.~! My Commission Expires

"/f.f,:,~~\\' December 05, 20' 0

Exhibit # 2-TDR

RECo;'D I:-.IG REQUESTEI) BY: L;!w Onic~s of Lei; lie\'<:

WHE;-.s RECORDED MAIL TO: I.aw Offices ofLes Zieve 17682 B~ach I3h'd, Suilt: 204 HUlltinglon [leach, CA 92647

1.0:111 #: 40191066 TS II:81 90

Recorded Ln OffLclal Recorda, Orange County

Tom Daly, C lerK_Recorder

1111 1111111111111 111111111111111 9.00

2008000338733 08 :00am 07/16/08 10849 N27 2

0.000.000.00 0.00 3.00 0.00 0.00 0.00

NOTICE OF RESCISSlON OF TRUSTEE'S DEED UPON SALE

This Nolicc or Rescission is made this day July 14, 2008 with respect to the fo llowing:

I.) THAT Law OOices of Les Zievc is the duly appointed Trustee under that certain Deed of Trust daled 5/ 15/2006 and recorded 5/26/2006 as instrument number 2006000359250 in book page wherein RICHARD SHELLEY, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY are named us Trustors. Fremont Generdl Crcdit Corporation, A Califomia Corporation is named as truslee, and Fremont Investment & Loan as lender, Mortgage Electronic Registration Systems, Inc .• is named as beneficiary;

2.) THAT THF. DEED OF TRUST encumbers real property located in the County of Orange, State of California, described as follows;

LOT 174, TRACT 2388, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 77, PAGES 39 TO 41 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD.

3.) THAT BY VIRTUE OF a default under the terms of til e Deed ofTrusl, the beneficiary did declare a dcfault, as set forth in a Notice of Default recorded 10/25/2007 as inst rument number 2007000651478 in book p'lgl! in the office orthe Recorder of Orange County. State of California;

4.) T HAT TH E TRUSTEE has been informed by the Beneficiary that the beneficiary desires to rescind Ille Truslee 's Deed recorded lIpon the foreclosure sale wh ich was conducted in error due 10 a fa ilure 10

communicate timely, notice of conditions which would have warranted a cancellation of the forec!osllre which did occur on 6/20/08;

5.) THAT THE EXPRF.SS PURPOSE of this Notice of Rescission is to retum the priority and existence o f all ti tle and lien holders to the status quo-ante as existed prior to the trustee's sale;

NOW THEREFORE. THE UN DERSIGNED HEREBY RESCINDS THE TRUSTEE'S SALE AND PURPORTED TRUSTEE'S DEED UPON SALE AND HEREBY ADV ISES ALL PERSONS THAT THE TRUSTEE'S DEED UPON SALE DATED 6/20/08 AND RECORDED 6-27-bs AS INSTRUMENT NUMBER 08-310088JN TH E COUNTY OF Orange , STATE OF Cali fomia, FROM Law Offices ofLes Z;cvc (TRUSTEE) TO (GRANTEE) IS HEREBY RESCINDED, AND IS AND SHALL BE OF NO FORCE ANn EFFECT WHATSOEVER. THE DEED OF TRUST DATED 5/15/2006, RECORDED 5/2612006 AS INSTRUM ENT NUMBER200G000359250 IN BOOK . PAGE , IS IN FULL FORCE AND EFFECT.

State 01 Calilomla County 01 Orange

Law Offices of Les Zieve, as Trustee

On 7-14·08 before me, Gaby Ospino, Notary Public, personally appeared Christine O'Brien who proved to me on the basis 01 satisfactory evidenCE! to be the person{s) whose name(s) Is/are subscribed to the within Instrument and acknowledgement to me that he/she/they executed the same in hisfherltheir authorized capacity(ies). and that by hls/herltheir signature(s) on the instrument the person(s). or the entity upoo behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TV OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and COfrect.

WITNESS my h""':!2lfid" " ,I. (seal)

I

lUI 1 I " ,)I r I 1 '1111 :, "UI

" , )II ~ "

, .I "I" H/[ "'\(1 )\0) I .\~I' I ( II I)

'" " I I 'I. I rr r t'..

Exhibit # 2-WQLS

Quality Loan Service Corporationprovides non-judicial foreclosure processing in several WesternStates. QLS provides the most efficient time-line processing in theindustry through use of state of the art software combined withseasoned veterans throughout the company. It would be our pleasureto discuss your specific non-judicial foreclosure related needs at anytime. Please feel free to contact us at 619.645.7711.

Quality Loan Service and our clients are committed to helpingborrowers during these difficult times. In furtherance of thatcommitment, Quality Loan Service has established an in-house HomeRetention Department to provide guidance and assistance toborrowers seeking alternatives to foreclosure. Borrowers areencouraged to contact the Home Retention Department at (619)645-7711 ext. 1706 between the hours of 7am to 6pm PST, or bysubmitting an inquiry to �� .Toll Free: 877-88MYQLS (877-886-9757)

Payoffs & Reinstatement Department877-REINST8 (877-734-6788)

Are you an REO Professional looking for info on one of oursales?We are pleased to provide you with our new REO Portal where youcan obtain copies of documents, see dates, ask questions and obtaininformation pertinent to the REO industry. All you need is a log onand your are set! Please �� here and one of ourrepresentatives will provide you with a �� which will allow youaccess to file level data and documents 24/7! In addition, we welcomeyour feedback on the site and look forward to hearing from youwhether the site is helpful and/or what enhancements you would liketo see.

Need a copy of a Trustees Deed Upon Sale?Simply email our Trustee’s Sale Number and property address to�� and a copy or other responsewill be returned within 24 hours.

Please include the TS Number and/or the address of the property andone will be sent to you within 24 hours.

Need information on upcoming Trustees Sales?Trustee sales information, provided as a courtesy only, may be foundby clicking on the link below and following the instructions outlined.No warranties or guarantees are given to its completeness orcorrectness as this information is subject to change at any time. It willbe necessary for you to attend all sales in order to obtain the mostcurrent information. The trustee or its agent will not be liable for anyloss you may sustain in receiving this information. To continue youare required to accept the terms.

By agreeing to these terms you will leave the Quality Loan Serviceswebsite and be directed to the ASAP or Priority website as necessary.

Quality Loan Service is accredited by the BBB

Contact Us

Home Retention Department at 877-88MYQLS(877)-886-9757 between the hours of 7am to6pm PST.�� .

Do you need a copy of a Trustee's Deed?Please �� here and one of ourrepresentatives will provide you with a �� toour deed search engine.

Or you may Request one by emailing...�� Please include the TS Number and/or theaddress of the property and one will be sent toyou within 24 hours.

To contact our Payoffs & ReinstatementDepartment pleasecall 877-REINST8 (877)734-6788.

General InquiriesFor general inquiries:��

Quality Loan Service is accredited by the BBB

��

�� !"#$"%#&'('")*+(�%'�%#'#,�-.�%&/01

File Detail

Notice Of DefaultRecorded:

11/7/2008

Notice Of Sale Recorded: 2/19/2009

Sale Date: 9/23/2009

Trustee's Deed Recorded: 3/12/2010

Address: 6721 TillamookAve

Downloads

��

��

�� Quality Loan Service is

accredited by the BBB

Privacy NoticeCopyright © QLS Corporation

��

��

��

!"#� "�$ �%��&!#'()*(+%,�""-$.��$/�)�$��0!#��$�&'"(/12*

3��4��5��6��6�

� ��6��7��

��8'"9)19/)(�:�9;+ %��8)1))<:*<<9'"90"! 0$��0!##�.��))�(::�)))*/�((=:

!�6��#�.�)))*/�((=

�� ".�.#.�� 7��5�

��7��7��.��7�� 4��4�� !"�� 4�� #�"��!��7��5�� #�� '��7��&'��7%�"# $$��%&�'%(��)*+&,),(*-(*��&(��&>4��7�� ?��.*��,(�+)'��&%�/((0-�*��)*�1&-��.)�)*�%-�*��)*�1&-�,(��&��&�.(2�1)�&%�/((0�*��&�1�)��+)�)*+&,)��%%,��*��))��1).&��*��&�110-�*��)*��%%,��*��))

>�� ?��4��6��4��&�5 �� &��6��4��7�� 7(*��.)&��7'��7��&��7��4��34��

��6�� 4�� 6��7��7��5�� *&,1�*�1)%%'��/�**&)/��1&��(%)��)-�*��)-*(-)*�'&�� &��#5�#5�� &��#5� 5�� #��#�� +��@666&��666�7%77�� 77�� 7 ��7(*��.)&'��7��&�� 4��6��7�� &��7��6�� 7�� #��7+��$�� 7�� 575��"� ��"��#��" &+��@

!�6��

*&,1�*�1)%%'�

�&%�/((0

(/12*

�� !"�� #�"��!��

��34��

�&%�/((0

�)))*/�((=#�.�)))*/�((=0$��0!##�.�

�))�(:::� :=:

()*(+%,�""-$.�$��0!#��$�&'"

�� /�555&��555&�7%77��.��6�� 4�� 7��7'��7�� 7��7��#��7�7��$��4�� 7�� #��7�� 4�� 7��& �� 9 �� 4��'��7��'�6��'��/(/:�

�7��7��#��7�7��$��4��4��77��7��7��'��.

"��7��4��7�� 7�� 7�� 7��#��7�7�� 6��7�� 7��#��7�7�� 7�� 7��#��7��6�� 4��.

�� 4�� 5��5�� #��7��&��'��7(*��.)�'��7��&��4�� . ��&��&�� 7�� 7�� #�"��!�� 47�� 7 �� & �� 7��& �� & �7 ��7��.��5��5�� $��%&�'%(��)*+&,),(*-(*��&(�

+�� 8��%��9��:��+:3�-��:��!

��7'��7��?'��7��?

%�;;;;;;;;;;;��7��&/:34��<�=�� & �� 8��%��9��&4�� 6��7��7��6�� >�?4��>�?��A��4��@��4��A��A��5��A��A��B�� >��?&��A��A��>�?�� >�?&�� 7�74�� >�?��&�5��.

!��7��$#",�C%3�$�;��C��4��7��7'��7��7�� .

�!�#$��77��.

��DDDDDDDDDDDDDDDDDDDDDDDDDDDDDD>��? 0��#��

�E!�%33!'$!�"��$0��!# �%'%,,$'�"$+�"#"#C!#3%�0"�!%#%+�"!#$�!,,+$��$3%��E"��%�$.

8��%��9�� +:3�-��:��!

�� #�"��!��

8��%��9��&

Shelley v. Quality – Exhibit # 2-WQLS� ��



RICHARD SHELLEY,


V.




Defendant.


DECLARATIONS OF RICHARD SHELLEY AND PHILIP SHELLEY AS TO EXHIBIT # 2-WQLS

I Richard Shelley do declare that my review of the first nine pages of this exhibit and the

three files attached to the best of my knowledge and review of them consist of webpage

snapshots (E.# 2-WQLS *1-3) taken from Appellee Quality Loan Service Corp.’s (hereinafter

QLS) website at http://www.qualityloan.com with links to download files at *3 of this exhibit,

the three linked download files (RJN E.# 2-WQLS *4-9) with highlights and other markups

added only to these first nine pages and not to the three files attached which are apparently the

original copies downloaded from the three links at *3 of this exhibit which I shall email copies

of to the Court for the Court’s convenience. I Richard Shelley do declare under penalty of

perjury to the best of my knowledge that the foregoing is true and correct.

/s/Richard Shelley - 7/18/10 Richard Shelley - Executed on



I Philip Shelley do declare the following. RJN E.# 2-WQLS *3 is a snapshot of Appellee

Quality Loan Service Corp.’s (hereinafter QLS) website at http://www.qualityloan.com which

shows that the alleged Trustee’s Deed Upon Sale was allegedly recorded on 3/12/10

approximately 67 days after Tillamook Partnership (hereinafter “Tillamook”) allegedly sold the

property to Yan Chun Ji on 1/04/10 (see RJN E.# 3-TPGD), 157 days after Tillamook was

created on 10/06/09 (see RJN E.# 3-SP), 162 days after the alleged Trustee’s Deed was actually

recorded by Tillamook on 10/01/09 (see RJN E.# 3-DTD), 163 days after Tillamook represented

by an associate of Litton filed the civil limited action on 9/30/09 (see RJN E.# 3-CLA), 170 days

after the date the alleged sale was allegedly held on 9/23/09 (see RJN E.#s 2-WQLS, at *3; and

3-DTD), 366 days after the alleged sale was allegedly scheduled to take place on 3/11/09 (see

E.# 2-WQLS, at *8), and 491 days after the alleged default allegedly occurred on 11/06/08 (see

RJN E.# 2-WQLS, at *6). The following discrepancies were also found and referred to by

different color h/l(highlight) and boxed markups, in the first download file included (E.# 2-

WQLS *4-5) titled ‘Trustees Deed Upon Sale’ which was neither executed nor recorded it shows

on the first page, the incorrect zip code for the City of Westminster, CA in the left top area in red

h/l showing delivery wanting, there is no legal description of any property just a “see attached”

in red h/l but there is no attachment at all, the trustor defectively named at the bottom in red h/l,

the correct account in blue boxed and h/l as well as the MIN in green/blue h/l both attributable to

the Deed of Trust at issue in this case (see Compl. Ex. B, at *1), although bearing the same TS #

and Order # as in the other two files all boxed in teal around the top areas of the pages, Ex.# 2-

WQLS, at *6-8 pages however bear no MIN at all and bear an account number of indebtedness

not belonging to me and has no relation to the Deed of Trust at issue in this case, but each those


two other files does bear the correct name of the real party in interest as is shown originally in

the Grant Deed and in the Deed of Trust (see RJN E.#s 2-DG; and 2-DTO, at *1). In all the

notices they give vague misleading references using words like “said” and “such” evading the

roles of others and the actual role QLS purportedly played since there is no Substitution of

Trustee, as well as giving misleading references to “NOTE(S)” implying the possibility of there

being more than one and being evasive as to what actual default had occurred if any at all.

Differences between the purported Trustee’s Deed Upon Sale downloaded from QLS’s website

(RJN E.# 2-WQLS *4-5 also original attached) and the one recorded (RJN E.# 3-DTD) are as

follows. The amount claimed to be due and owing as well as the amount of the purported bid was

removed from the one recorded, on RJN E.# 3-DTD, at *1 a legal description was inserted in

place of the “see attached” on E.# 2-WQLS, at *4 even though there was no legal description

attached, and the intended signatory “Bounlet Louvan Assistant Vice President” E.# 2-WQLS, at

*5 was changed to “Jenny Rios Assistant Secretary” RJN E.# 3-DTD, at *2. The three files

attached which consists of one MS Word (.doc) file and two Adobe (.pdf) files are originals

downloaded from QLS’s site at http://www.qualityloan.com unmodified in their original format.

I Philip Shelley do declare under penalty of perjury that the foregoing is true and correct.

Declarant: Philip Shelley - Date included

Digitally signed by Philip J. Shelley DN: cn=Philip J. Shelley, o, ou, [email protected], c=US Date: 2010.07.24 12:04:37 -07'00'

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

Shelley v. Quality - Exhibit # 3-CLA Page 17



RICHARD SHELLEY,


V.

QUALITY LOAN SERVICE CORP.;

LITTON LOAN SERVICING LLP

Defendants – Appellees,

and


Defendant.

No. 09-56133 D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana

DECLARATIONS OF RICHARD SHELLEY AND PHILIP SHELLEY AS TO THE DOCUMENTS CONTAINED WITHIN THIS EXHIBIT AND AS TO MATERIAL FACTS CONCERNING THE STATE ACTION

I Richard Shelley do declare the following. Ex. # 3-CLA *1 is a document that was signed by

Gray Nguyen and personally delivered on September 28, 2009 one several times three Asian

men came to my house loudly banging at my door very late in the evening around 9:00pm who

kept banging and when I answered the door they told me that they allegedly purchased at auction

my house had what one of the men held in his hand at the moment called “the trust deed to prove

it” and claimed they were the owners now but they refused to show me the instrument and they

wanted me to get out what seemed like immediately because they kept insisting that I unlock and

open my metal screen door and would not leave giving me the impression that if I had opened

the door they would’ve attacked me, forcibly entered and invaded my home, I honestly felt that

my physical safety was threatened so I told them a couple times if they did not leave I was going

to call the police. After the second time I went and picked up the telephone, came back to the

door and told them I was calling at which point they walked backed to their car parked a couple

of houses down across the street which I thought was suspicious. I hung up the phone because I

thought that they were leaving which they did but sat in their car about two minutes before doing

so. The document gives the false impression that if an eviction lawsuit was to be filed it

would’ve been by Giant Gate Group, Inc. and when I checked to see if anything had been


recorded against me or by them with the Orange County Clerk-Recorder’s Office in the

Grantor/Grantee index accessible online from the official Orange County, California website at

http://egov.ocgov.com/ocgov nothing came up so I didn’t know what to think, and one of the

other times they came after the case was filed, they kept insisting that their purported deed had

been recorded and I could even verify that with the Recorder’s Office. So after they left I

personally went down to the Orange County Clerk-Recorder’s Office in Santa Ana and checked

by asking one of the Clerk’s staff there to do a search their system of records to check if any such

instruments had been recorded in the Grantor/Grantee index under my name, Giant Gate Group,

Inc. or by the other company that was suing me Tillamook Partnership, which he did search

under the names of all three parties in individual searches which he found no such record

instrument. Ex. # 3-CLA *2 is the true original copy of the summons-unlawful detainer-eviction

that I was personally served with on September 30, 2009. Ex. # 3-CLA *3 is the three day notice

to quit that I received in the mail sometime before those Asian men began harassing us, I do

remember that there was no return address on the envelope which I thought was odd. Ex. # 3-

CLA *4-5 is another document signed by Gary Nguyen and personally delivered on October 9,

2009 after the limited civil case was filed, once again late at night around 9:00pm after

repeatedly banging loudly on my door telling me to get out but they did not stay too long, the

document after offering to pay more money than in previous one (which is also confusing) gives

the misleading statement that Giant Gate Group, Inc. has not filed a lawsuit but will, implying

that they were not the ones who had already filed against me and that I was going to be being

sued by two different companies, which they should not have even been bothering and harassing

me as they intentionally did after the case was filed with the hopes of obstructing me from

defending the case and depriving me of my Constitutional rights to due process. Ex. # 3-CLA *6-

7 is a notice of hearing scheduled for October 28, 2009 from the Superior Court of California

that was certified by a Clerk of the Court on October 14, 2009 and mailed out on October 15,

2009 from Sacramento California two days after a motion for default judgment had apparently

been filed. Ex. # 3-CLA *8-11 is the declaration of GARY NGUYEN signed by Gary Nguyen

that apparently accompanied the motion for default judgment filed on October 13, 2009 that I

was nor was anyone ever at my house ever served with, I was given no notice of and had no

knowledge of until the day of my scheduled hearing when I showed up for the hearing and one of

the court’s staff told me of it and only discovered it afterwards where it was found in the


flowerbed in front of my house which also had what GARY NGUYEN declared was “a certified

copy of the Trust Deed is attached hereto marked Exhibit "A".” Id. at *10. This was a copy of the

purported trustee’s deed upon sale (RJN Ex. # 3-DTD) which I found was recorded under

different names. The declaration signed by Gary Nguyen even admits that there was no

remaining security interest in the residential real estate property and supports the fact that no

dollar amount of tender was ever due on the purported debt at any of the times notice of

rescission had been given by stating in the declaration that the total amount of principal together

with costs and fees that was owing which they paid and held as secured was “$0.00 in security”.

Id. Ex. # 3-CLA *11-12 is the original copy of the writ of execution for possession of my

residential real estate property that was posted on my front door with a blank white paper notice

with some words typed on it with EVICT ALL stamped in bright red, signed by the sheriff of

Orange County and posted on my front door on October 30, 2009. And Ex. # 3-CLA *13-16 is

the motion to set aside the default judgment which I filed on November 3, 2009 and appeared at

the hearing, I had also tried to file several answers to the complaint which raised numerous

defenses but every time I tried to file them with the superior court the court’s staff refused to

accept them but would not tell me what was wrong with them, why they kept refusing to accept

them and why they would not allow me to raise whatever defenses I could to defend against

being wrongfully evicted. I Richard Shelley do declare under penalty of perjury that the

foregoing is true and correct.

/s/Richard Shelley - 7/28/10 Richard Shelley - Date Executed



I Philip Shelley do declare the following. The facts of and surrounding this unlawful

detainer and eviction are far beyond fraudulent, unfair, deceptive and an absurd abuse of process.

Every one of the times those Asian men came to harass us they banged on the door so loud all

the windows in the house rattled. Later on after they had left I called the number provided in the

notice to find out what exactly they were talking about, I spoke to Gary I believe who had no

idea who the original or Trustee of record was which was still the original Trustee named in the

Deed of Trust Fremont General Credit Corporation and at first he could not recall who allegedly

sold the property until I asked him if it was Quality Loan Service Corp. (hereinafter “QLS”) and

his reply gave me the impression that was accurate. So I told him that QLS was not then nor was

ever the trustee, was operating without an active license, that the Deed of Trust had already been

rescinded and any security or other beneficial interest forfeited, and that if he had actually given

any money to QLS that just as it was stated in the purported notice of trustee sale seen as QLS

was “unable to convey title … the successful bidder's sole and exclusive remedy shall be the

return of monies paid … and the successful bidder shall have no further recourse.” RJN Ex. # 2-

WQLS, at *8. I advised him that he should probably seek to get that money back as quickly as

possible because QLS had defrauded him and whomever he represents, but he brushed it aside

and attempted to assure me that he knew for a fact that QLS had proper authority (even though

he couldn’t even remember who they were at first) and told me in his own words the he and

whom he represented “were not at risk of any financial loss”. Which gave me the impression that

they paid nothing and were most likely acting in conspiring with QLS to illegally without paying

a dime obtain possession of our home of over 25 years which we owned free and clear so they

could unlawfully sell it and profit from the fraud. Which come to find out later on was a very

accurate judgment see the names of the defendants in RJN Ex. # VD-PFC as well as the mailing

address of Michelle Nguyen Id. at *6,the name of the notary public in RJN Ex. # 3-DTD, at *2 as

well as address of the so “called Grantee” Id. at *1, and the name of the notary public in RJN Ex.

# 3-TPGD, at *1. See also RJN Ex. # FB-GN, at *1 look at the address of Gary Nguyen’s


bankruptcy attorney and the address of the previously discharged attorney in this case Stephen F.

Dial on his firm’s website for Dial & Associates at http://dialaw.com , these facts are not

coincidences, but clear and convincing evidence of collusion and criminal complicity by these

notaries with past histories of white collar crime, by Stephen F. Dial other officers of the Court

most likely perhaps judicial ones as well. After the summons and complaint were served I filled

out a prejudgment right to possession form and signed it along with an answer to the complaint

signed by both Richard Shelley and myself raising several defenses such as the rescission which

the Defendants in this case had acquiesced, challenges to the superior court’s subject matter

jurisdiction, stating in plain easy to understand terms that QLS was not nor was it ever the trustee

under the Deed of Trust making the purported trustee sale and trustee’s deed upon sale void ab

inito and in support cited Pro Value Properties, Inc. v. Quality Loan Service Corp., 170

Cal.App.4th 579 (2009). But the West Justice Center’s court staff kept refusing to accept and

would not file them. The summons, the default judgment and the writ of execution for possession

are all void on their face for reasons including but not limited to they are incomplete and do not

bear signatures of the clerk of the court nor a deputy, the summons does not comply with the

requisites and formalities of Cal. Civ. Pro. § 153(b) and Cal. Civ. Pro. § 412.20(a), the writ of

execution does not comply with Cal. Civ. Pro. § 153(a), Ex. # 3-CLA *3 was served before the

purported trustee’s deed was even notarized and with the exception of the writ of execution were

all filed and served before it was even recorded (see RJN Ex. # 3-DTD), sued in and against

names other than the ones in the purported trustee’s deed (see Id.), as well as sued in the name of

a partnership not registered with the California Secretary of State and before it even existed (see

RJN Ex. # 3-SP), the acquiesced rescission and offer of tender not accepted nor acted upon

within twenty days, and since QLS and the account posted in the purported notice of default that

they executed and recorded were neither the Trustee nor the account so designated in and under

the Deed of Trust nor was it ever a trustee substituted as such, that along with the countless other

facts make null and void including but not limited to the purported notice of default, the

purported trustee sales, the purported trustee’s deeds upon sale, the unlawful detainer eviction

default judgment, the writ of execution for possession and the ineffective grant deed that was


recorded after it (RJN Ex. # 3-TPGD) and should all be ordered to be delivered up or ruled as

such being null and void by the Court. At the ex parte hearing for the motion to set aside the

default judgment on November 3, 2009 (RJN Ex. # 3-CLA *13-16) wherein copies of RJN Ex. #

2-WQLS *8, and RJN Ex. # 3-DTD *1-2 with different highlighted markups were attached as

exhibits thereto, I personally appeared and was present during said hearing before the honorable

John Adams at the West Justice Center in the County of Orange, State of California. The court

asked me who I was in which I responded that I was Philip Shelley and was speaking on behalf

of Richard Shelley who also appeared and was present, the court did not object to this and

permitted me to proceed. He then asked me to summarize the contents of the motion why it

should be granted, what would entitle further relief if granted and what the exhibits attached

were. I replied that default should be set aside because neither I nor Richard Shelley were served

with the motion for and had no knowledge of it until the day of the scheduled hearing on

October28, 2009, then went on to explain that QLS was neither the trustee from the Deed of

Trust nor the trustee of record and was acting as such without any authority which they had done

before which I stated was properly cited in the motion and he just giggled thumbing through the

pages glancing at them and said yeah I see that and continued to laugh. So I moved on to the

exhibits and pointed out the discrepancies between the exhibits and the unlawful detainer filed in

the names, account numbers, date of the scheduled and alleged sale, dollar amount stated to be

owed and nothing at all stated to be owed as well as paid by such bidder and other arguments

stated in the motion. He said what’s recorded with the County Recorder’s office really doesn’t

matter, which I responded to with by arguing neither parties named in the purported trustee’s

deed were the parties named in the unlawful detainer eviction, that it doesn’t even show that the

plaintiffs in that case paid anything for it and consequently shows that there was nothing due and

owing under the Deed of Trust. He said that it doesn’t matter they weren’t required to pay

anything and he wasn’t going to set aside the default judgment because of a couple typographic

errors. Then I told him about the rescission and this case in appeals he said that wasn’t good

enough to set the default judgment aside and we had one day to vacate the premises Motion

Denied. I pleaded to allow two or three additional days to move out all our property he declined

Shelley v. Quality - Exhibit # 3-CLA� ��

and told me to ask the plaintiff or the plaintiff’s attorney which I did later on by leaving a

message with the attorney but received no reply. What the Courts both State and Federal have

allowed to happen to my father Richard Shelley, contributed to and come to find out benefit from

by way of hired public-private partnerships for the purposes of investing in foreclosures at a time

when the middle class is suffering dearly, all for judges to have their TSP pension and retirement

funds replenished after taking substantial losses as a result of pension board members and

financial advisors who amassed great wealth from well calculated planned out deals made with

every intention that they would go bad to take every advantage possible to profit every step of

the way, but set up unwitting innocent homeowners for the inevitable fall so as to drive the

incentive for judges to unbalance their impartiality and have their focus diverted from the ones

who actually benefited from their own wrongdoings, and institute a campaign of pernicious

treachery against working middle class homeowners who are the ones who have been victimized

the most. My father Richard Shelley is a Vietnam War Veteran draftee that has been working for

the U.S. Postal Service for over 25 years who served his Country and the Federal Government

faithfully honorably and loyally. Now it appears that he will probably never get to retire

comfortably, I would and other Americans would probably also expect more from the Federal

Government of a Country for a man that has willingly risked his life for it and continues to serve

it. I Philip Shelley do declare under penalty of perjury that the foregoing is true and correct.



Exhibit # 3-DTD

Trustee's Deed Upon Sale Page 1

Recording requlI:sted by:

When recorded mail 10:

GIANT GATE GROUP, INC 9039 BOLSAAVE. STE 210 WESTMINSTER, CA 92863

Forward tax statements to the address given above

· .

Recordad in Official Records, Orange County Tom Daly, Clerk-Recorder

IIIIIIII~ 1IIIIIIIIII!III!I\IlUI mIIln 119.00 2009000521666 03:25pm 10/01109

11132 T09 2 non-clis 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00

Space above Ihls line Inr ,ecorde~ use

TS # CA-OB-209141-JB MERS MIN No.: 100194410003219974

Order # 080054355-CA-MAI

Trustee's Deed Upon Sale A.P.N. : 203-491-20 Transfer Tax:

The undersigned grantor declares: The grantee herein WASN'T the foreclosing beneficiary. The amount of the unpaid debt together with costs was: The amount paid by the grantee at the trustee sale was: The documentary transfer tax is: None Said property is in the City of: Westminster. County of ORANGE

Investor No. 1000321997

QUALITY LOAN SERVICE CORPORATION. as Trustee. (whereas so designated in the Deed of Trust hereunder more particularly described or as duly appointed Trustee) does hereby GRANT and CONVEY to

TILAMOOK PARTNERSHIP, A GENERAL PARTNERSHIP, CONSISTING OF THE TILAMOOK TRUST, WITH NEW WAVE SERVICES, LLC AS TRUSTEE AND THE GIANT TRUST, WITH DHK PARTNERS, LLC AS TRUSTEE

(herein called Grantee) but without covenant or warranty, expressed or implied. all right title and interest conveyed to and now held by it as Trustee under the Deed of Trust in and to the property situated in the county of ORANGE, State of California, described as follows:

LOT 174, TRACT 2388, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDEO IN BOOK 77, PAGES 39 TO 41 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACe ENTRY, AS PROVIDeD IN DeeDs OF RECORD.

This conveyance is made in compliance with the terms and provisions of the Deed of Trust executed by RICHARD SHeLLY, AN UNMARRIEC MAN AS HIS SOLE AND SEPARATE PROPERTY, as trustor, dated 511512006, and recorded on 5126J200S as Instrument number 2006000359250, in Book xxx, Page xxx of Official Records in the

Trustee's Oeed Upon Sale Page 2 offICe of the Recorder of ORANGE, California, under the authorjty and powers vested in the Trustee designated in the Deed of Trust or as the duly appointed trustee, default having occurred under the Deed of Trust pursuant to the Notice of Breach and Eledion to Sell under the Deed of Trust recorded on 111712008, instrument no 2008000524486, Book )00( , Page xxx, of Official records. Trustee having complied with all applicable statutory requirements of the Stale 01 California and performed all duties required by the Deed of Trust including sending a Notice of Default and Election to Sell within ten days after its recording and a Notice of Sale at least twenty days prior to the Sale Date by certified mail, postage pre-paid 10 each person entitled to notice In compliance with California Civil Code 2924b

Default occurred as set forth in a Notice of Default and Election to Sell which was recorded in the office of the Recorder of said County.

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

Said property was sold by said Trustee at public auction on 9/23/2009 at the place named in the Notice of Sale, in the County of ORANGE, California, in which the property is situated. Grantee, being the highest bidder at such sale, became the purchaser of said property and paid therefore to said trustee the amount being lawful money of the United Stales, or by the satisfaction, pro tanio, of the obligations then secured by said Deed of Trust.

Date: 9129/2009 QUALlTY,_"N SERVICE COIY'!lRA"TION

By: '"

Jenny RI s

State of California ) County of San Diego)

On "/Z(IMl before me, Michelle Nguyen a notary public, personaUy appeared Jenny Rios, 'NIlo pro~the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheJthey executed the same in hislherltheir authorized capac1ty(ies), and that by hislherltheir signature(s) on the instrument the person{s), or the entity upon behalf of which the person{s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is lrueand correct. llfll'l{,( '~llll1nll)'IIHI,"""?lI lr

WITNESS ~~~~~~~~~":."',;;~)"'Io·~ .. ~~'~~ $~~IUJJ ... ;:..,~ @' . ~lI~~~lLE. II ~~~ly:~!' ~~,::1 ' ~ ~\ ' . ,, ~ COMM . • t665032 ~

-~~t::~~~~~~!:S;"~~~ ~.~ it~· , NOfAln"~ ~CAI,!..I'Q:ftPM. ·IAU \" I a ~ - SAN"DlE"G6"tOUNTY )1.....: ....,~ . Comm. ElIp. W'<iY.,8, 2010ll ~ r J

4~ YT~\lC --THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WilL BE USED FOR THAT PURPOSE"

Exhibit # 3-MIN

MERS® Servicer Identification System - Results

https://www.mers-servicerid.org/sis/search[5/18/2010 11:30:43 AM]

Need help?

1 record matched your search:

MIN: 1001944-1000321997-4 Note Date: 05/15/2006 MIN Status: Active

Servicer: Litton Loan Servicing LP Phone: (800) 247-9727Houston, TX

Return to Search

For more information about MERS please go to www.mersinc.org

Copyright© 2006 by MERSCORP, Inc.

MERS® Servicer Identification System - Results

https://www.mers-servicerid.org/sis/search[6/14/2010 2:00:05 PM]

Need help?

1 record matched your search:

MIN: 1001944-1000321997-4 Note Date: 05/15/2006 MIN Status: Active

Servicer: Litton Loan Servicing LP Phone: (800) 247-9727Houston, TX

Investor: HSBC Bank USA as Trustee Phone: (212) 525-1592New York City, NY

Return to Search

For more information about MERS please go to www.mersinc.org

Copyright© 2006 by MERSCORP, Inc.

Philip J S

Line

Shelley v. Quality – Exhibit # 3-MIN Page 2



RICHARD SHELLEY,


V.

QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING LLP Defendants – Appellees, and


Defendant.


EXHIBIT # 3-MIN ATTACHED DECLARATION OF RICHARD SHELLEY AS TO THE MORTGAGE IDENTIFICATION NUMBER

I Richard Shelley do declare as follows. In page one of this exhibit (RJN Ex. # 3-MIN

*1) there is included on one page two different webpage snapshots separated by a red line in the

middle taken from the Mortgage Electronic Registration Systems (hereinafter “MERS”) website

at https://www.mers-servicerid.org. If you go to the website by clicking either of the links in this

declaration of the exhibit and do a search using this MIN (Mortgage Identification Number):

1001944-1000321997-4 (containing the actual loan number: 1000321997) which is the same

MIN in the Deed of Trust (see RJN Ex. # 2-DTO, at *1), the same MIN that was inactive in

December, 2008 (see RJN Ex. # 2-MC, at *10), the same MIN in the incomplete assignment of

the Deed of Trust that was never executed and recorded (see RJN Ex. # 2-MUA, at *2), the same

MIN contained and referred to in the purported Trustee’s Deed Upon Sale created and used by

Defendant/Appellee Quality Loan Service Corp. (see RJN Ex. # 2-WQLS, at *3, and attached

original), and the same MIN contained in and referred to in the purported Trustee’s Deed Upon

Shelley v. Quality – Exhibit # 3-MIN Page 3

Sale executed by Jenny Rios as Assistant Secretary for Defendant/Appellee Quality Loan Service

Corp., notarized by Michelle Nguyen and recorded on October 1, 2009 (see RJN Ex. # 3-DTD)

you’ll most likely get search results similar to the webpage snapshot in the lower portion in the

first page of this exhibit (RJN Ex. # 3-MIN, at *1). This shows us that despite the fact that in

December of 2008 at that time the MIN had been inactive because of the principal balance on the

loan had already been paid in full, Defendant/Appellee Litton Loan Servicing L.P. somehow

possibly pulled out another loan by using and reactivating the MIN and probably kept the money,

and despite the fact that Defendant/Appellee Quality Loan Service Corp.’s purported Trustee’s

Deed Upon Sale has been recorded the MIN remains active to this day. I Richard Shelley do

declare under penalty of perjury that to the best of my knowledge the foregoing is true and

correct.

/s/Richard Shelley - 7/7/10

Richard Shelley - Date executed

Exhibit # 3-SP

RECORDING REQUESTED BY

Grantee Recorded in Official Record., Orange County Tom Daly, Clerk-Recorder WHEN RECORDED MAIL TO

Name TILLAMOOK PARTNERSHIP

AddrllSS City & 9039 BOlSAAVESUITE21 0

2009000529913 03:37pm 10/06/09 Stahl WESTMINSTEA CA 92683 21528 5072 0000

0.00 0 .00 0 .00 0 .00 3.00 0.00 0.0 .

ESCROW NO.

TITlE ORDER NO

THE TILLAMOOK TRUST WITH NEI/'NtIAVE SERVICES, LLC

Number of additional pages attached, if any: W

SPACE Aeove THIS LINE FOA RECORDER'S USE ON.. Y

I/We declare under penalty of perjury under the haws of the Shlte of California leer 2015.51 that the foregoing is true and torrect.

EXECUTION:

Authorized Partner/Entity: THE TILLAMOOK TRUST, WITH NEWWAVE SERVICES.LLC AS TRUSTEE:

By: ___ ~Aa.!:!lA.&fI<' ""'¥±IL/ ___ ___ _ Print Name & Cllpac ity: HIEN GU~ENI NEWWAVE SERVICES t LLC

Date: 10/0212009

Non-Authorized Partner/~~:... THE GIANT TRUST .WITH DHK PAATNEI3S,LLC AS TRUSTEE

~ """'" Hy : C&?"' .$ J Date: 1010212009

Print Name & Capacity: KENNY LVI DHK PARTNER),LLC

t'()unty and Slal~. personllily IIppcan:d • who proved to me

lh~ d Ihe)' ex!!"culed In.: sam!!" i i rlthdr IIU h~r!?d l:upal: ilY J. and Ihal h~r/lho;ir sigrllllun:Ci'i un the in ~1rum!!"tlllhe tllt~Si S or satistaclOlj' evidenc!!" to • • p.'rson ·nos..: na i.' subscribc~11k! within instrument aoo acknowledged 10 n);:

~ (. or th~ enlity upon behalf ieh Ihe ~rsolly' acted. exc,,; t~d I~ instrument. 1"

I ctrt i(y under l'ENALTY 0 1-' PERJURY uru.kr Ilk hews of tht Sllll ,,; orCalilomill thllllhc fnrcgoiug pW""dgrnph is true and corr«1.

WIl"N ICSS my /land and ollieia ) seal.

\. i ,------Signature: --4\--'i<\,:,'t,,!<,~,,/,-~--,,"---'J-----

J~'SSSS ••• "SI'

@ HLm:N HGUY£N CommIlilon tl1830222 I

• N~.ry Public - C.lilotl\l, ! . Otlnp. COt.lRty ..

II! Comm.E lfuJ'n14.2013

0907 /5 RECORDING REQUESTED BY

Grantee Recorded in Official Record., Orange County Tom Daly, Clerk-Recorder WHEN RECORDED MAIL TO

Name TILLAMOOK PARTNERSHIP

AddrllSS City & 9039 BOlSAAVESUITE21 0

2009000529913 03:37pm 10/06/09 Stahl WESTMINSTEA CA 92683 21528 5072 0000

0.00 0 .00 0 .00 0 .00 3.00 0.00 0.0 .

ESCROW NO.

TITlE ORDER NO

THE TILLAMOOK TRUST WITH NEI/'NtIAVE SERVICES, LLC

Number of additional pages attached, if any: W

SPACE Aeove THIS LINE FOA RECORDER'S USE ON.. Y

I/We declare under penalty of perjury under the haws of the Shlte of California leer 2015.51 that the foregoing is true and torrect.

EXECUTION:

Authorized Partner/Entity: THE TILLAMOOK TRUST, WITH NEWWAVE SERVICES.LLC AS TRUSTEE:

By: ___ ~Aa.!:!lA.&fI<' ""'¥±IL/ ___ ___ _ Print Name & Cllpac ity: HIEN GU~ENI NEWWAVE SERVICES t LLC

Date: 10/0212009

Non-Authorized Partner/~~:... THE GIANT TRUST .WITH DHK PAATNEI3S,LLC AS TRUSTEE

~ """'" Hy : C&?"' .$ J Date: 1010212009

Print Name & Capacity: KENNY LVI DHK PARTNER),LLC

t'()unty and Slal~. personllily IIppcan:d • who proved to me

lh~ d Ihe)' ex!!"culed In.: sam!!" i i rlthdr IIU h~r!?d l:upal: ilY J. and Ihal h~r/lho;ir sigrllllun:Ci'i un the in ~1rum!!"tlllhe tllt~Si S or satistaclOlj' evidenc!!" to • • p.'rson ·nos..: na i.' subscribc~11k! within instrument aoo acknowledged 10 n);:

~ (. or th~ enlity upon behalf ieh Ihe ~rsolly' acted. exc,,; t~d I~ instrument. 1"

I ctrt i(y under l'ENALTY 0 1-' PERJURY uru.kr Ilk hews of tht Sllll ,,; orCalilomill thllllhc fnrcgoiug pW""dgrnph is true and corr«1.

WIl"N ICSS my /land and ollieia ) seal.

\. i ,------Signature: --4\--'i<\,:,'t,,!<,~,,/,-~--,,"---'J-----

J~'SSSS ••• "SI'

@ HLm:N HGUY£N CommIlilon tl1830222 I

• N~.ry Public - C.lilotl\l, ! . Otlnp. COt.lRty ..

II! Comm.E lfuJ'n14.2013

0907 /5

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of \N ~ . On~'M 111~?'\ beforeme.i~® '{\~1~JJ.~~~) "R~\V personally appeared hR,1.J\. \1\ ~ Q, V\ who proved to me on the basis of satisfactory evidence t~ the person<?5 whose name¢y(~e subscribed to the within instrument and ac~ledged to me that h~ey executed the same in hi~clr authorized capacity(iri). an~ ~at by hi s<!!>"their slgnature~ on the Instrument the personp1. or the entity upon behalf of which th{ person~) acted. executed the instrurleri t.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct .

WlTNES my hand and official seal. @ •

HUVEN NGIMN CommIul(lft.11130222 Nour, Public· Calilomil

OrJlIgt County Comm. E jt .. Jan 104, 2013

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF TIlE A IT ACBED DOCUMENT

(Tj(k or description ofat bchtd documc'u)

--- (Ti'l~ or description o f ",, >~hcd oo.:ul1>CP' continued]

Numberofl)agcs __ DoculIlenl D ote' _ ___ _

(Ad<lirion:ol information)

CAPACITY CLA IMED BY n IE SIGNER o Individual (s)

o Cotpo( .. ~eOroCJr'r"n'fTY.Uf r .

(Tille )

o PIlr1n~r(s ) .) ~ ~ o Auorm:y-in-fno:t

o T ruslee(sJl WJj' I ,v '.lft I o

1008 V~nion CAPA "12.10.07 800-873.9865 www.NouryC.]Uoa.<.OM

INSTRUCTIONS FOR COMPLETING THIS FORM .4ny <lCk1Io .. 1~1 ttHffJlldcd in Ctll!l~11I mil" CQIIltJm ,..,rb/aft' tx«11y In

QpjJNni ,,/og..., 'If ,It. """";!' ' «"(HI or 0 U{H1rDIC Qt;b,awlnJgm~'" form ....... N I"VJKT!~ """l'klnJ /JIwJ "1/(KIt~1 Ia ,'''', J<ICT'm~"'. rM "",)" ~xc~p_ to 1/ 0 dQt;umt " , Is 10 Iw rw,mJrJ Ol'lsitl~ <ifCollfomlu. In s,Kh illS/a1/CU. U"Y oll~""al;''' act~o"" lcdgm~m ,·..-bloS. al ,"a)" k prmlN on .... e" " dOC/m'ml 10 1""8 uj t1,~ ,..,rblage d<xs nOI '""'I~i"" Ih~ ItCIO'Y IU <10 Wlllelh/" 11 l it" , f1 ilkgal .for a Mlar,. in Call/om/(1 II.", e~rtifi'I", Ihlt '''''/l<N"iud mpu~;"" <if I/I<! .fg .... 'j. P/''Q~·'' clrf.r;II Ih, dlX"'''''VlI conjlll/)"jOl' JII"OPCI' It()/llriO/>tW"rJiaX umf It/lod, IMs fo,.". if I""'IIII,~"ll.

Stott arid County iu.!"OO"m.:Itioa nos( be tbc Sb(c Iud COlIIII)' II'MII! Ihc c!oo:llNClI( ligna-(I} puwnlUy a~~m1 befoll! .no. 001"')" publi .. for ""kno,,·[cdplII .

• Oat. of t><>WiPllon mut! be the obtc tN.t It", .;gllcr(.) """"nllly :'"pu r",", OI'hkh must ~L.., h< tM _ datc (h. 3ano .... I.J l'lIlCnt;. c,""p.lrlcti n..:, ""'3ty pub lic mil >! prinl his or hn "" .... "" il ~ .. ilhin hi. <If her £a mnti .. lon followed 1I). ;t comm.;o. Incl lhm your tille lnol:rty public). Print the name(_, of doxumall sign .. (I) ,,'bu p<"l"l«IuaI]y 31'pnr al the lim.: of OOI~rization .

. ;?;::~~ ~:;.= ~:~~~~.~~':r~~~~::hY cronin, off ,ncam:et fonn. , •. c. fann.. F~illlK'o corrcctl)" indi~I'c tlti$ r«unl;"1\- ....... ..

rc-K~I ir. , . ., fonn.

lbc onice "r

It

II I.

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of \N ~ . On~'M 111~?'\ beforeme.i~® '{\~1~JJ.~~~) "R~\V personally appeared hR,1.J\. \1\ ~ Q, V\ who proved to me on the basis of satisfactory evidence t~ the person<?5 whose name¢y(~e subscribed to the within instrument and ac~ledged to me that h~ey executed the same in hi~clr authorized capacity(iri). an~ ~at by hi s<!!>"their slgnature~ on the Instrument the personp1. or the entity upon behalf of which th{ person~) acted. executed the instrurleri t.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct .

WlTNES my hand and official seal. @ •

HUVEN NGIMN CommIul(lft.11130222 Nour, Public· Calilomil

OrJlIgt County Comm. E jt .. Jan 104, 2013

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF TIlE A IT ACBED DOCUMENT

(Tj(k or description ofat bchtd documc'u)

--- (Ti'l~ or description o f ",, >~hcd oo.:ul1>CP' continued]

Numberofl)agcs __ DoculIlenl D ote' _ ___ _

(Ad<lirion:ol information)

CAPACITY CLA IMED BY n IE SIGNER o Individual (s)

o Cotpo( .. ~eOroCJr'r"n'fTY.Uf r .

(Tille )

o PIlr1n~r(s ) .) ~ ~ o Auorm:y-in-fno:t

o T ruslee(sJl WJj' I ,v '.lft I o

1008 V~nion CAPA "12.10.07 800-873.9865 www.NouryC.]Uoa.<.OM

INSTRUCTIONS FOR COMPLETING THIS FORM .4ny <lCk1Io .. 1~1 ttHffJlldcd in Ctll!l~11I mil" CQIIltJm ,..,rb/aft' tx«11y In

QpjJNni ,,/og..., 'If ,It. """";!' ' «"(HI or 0 U{H1rDIC Qt;b,awlnJgm~'" form ....... N I"VJKT!~ """l'klnJ /JIwJ "1/(KIt~1 Ia ,'''', J<ICT'm~"'. rM "",)" ~xc~p_ to 1/ 0 dQt;umt " , Is 10 Iw rw,mJrJ Ol'lsitl~ <ifCollfomlu. In s,Kh illS/a1/CU. U"Y oll~""al;''' act~o"" lcdgm~m ,·..-bloS. al ,"a)" k prmlN on .... e" " dOC/m'ml 10 1""8 uj t1,~ ,..,rblage d<xs nOI '""'I~i"" Ih~ ItCIO'Y IU <10 Wlllelh/" 11 l it" , f1 ilkgal .for a Mlar,. in Call/om/(1 II.", e~rtifi'I", Ihlt '''''/l<N"iud mpu~;"" <if I/I<! .fg .... 'j. P/''Q~·'' clrf.r;II Ih, dlX"'''''VlI conjlll/)"jOl' JII"OPCI' It()/llriO/>tW"rJiaX umf It/lod, IMs fo,.". if I""'IIII,~"ll.

Stott arid County iu.!"OO"m.:Itioa nos( be tbc Sb(c Iud COlIIII)' II'MII! Ihc c!oo:llNClI( ligna-(I} puwnlUy a~~m1 befoll! .no. 001"')" publi .. for ""kno,,·[cdplII .

• Oat. of t><>WiPllon mut! be the obtc tN.t It", .;gllcr(.) """"nllly :'"pu r",", OI'hkh must ~L.., h< tM _ datc (h. 3ano .... I.J l'lIlCnt;. c,""p.lrlcti n..:, ""'3ty pub lic mil >! prinl his or hn "" .... "" il ~ .. ilhin hi. <If her £a mnti .. lon followed 1I). ;t comm.;o. Incl lhm your tille lnol:rty public). Print the name(_, of doxumall sign .. (I) ,,'bu p<"l"l«IuaI]y 31'pnr al the lim.: of OOI~rization .

. ;?;::~~ ~:;.= ~:~~~~.~~':r~~~~::hY cronin, off ,ncam:et fonn. , •. c. fann.. F~illlK'o corrcctl)" indi~I'c tlti$ r«unl;"1\- ....... ..

rc-K~I ir. , . ., fonn.

lbc onice "r

It

II I.

Exhibit # 3-TPGD

RECOODING REQUESTED BY l/I\\/VERS 1f!lf

RECORDIi\G REQU£STED BY: California Eagle Escrow, Inc.

AND WHEI'i RECORDED MAIL TO:

Yw> e,r,u.,)' q 3.., '1- -)Jo",-':I~"cl-lL f>rV L Foonl-4<n VIl.Ile.." (\f\. q '<.:,0'(

Parcel No. 203-491~lO

Tom Daly, Clerk_Record.r

IlDiIIIIIlDIIIIII IIIIII IIIIIIII IIIII 9.00

2010000001447 03:16pm 01104110 217 405 G02 2 20

236.50236.50 0 .00 0 .00 3.00 0.00 0 .00 0.00

SPACIi AROVE THIS LINE FOR RECORDER'S USE

d.9:'> 3'875;;;- GRANT DEED f; '113.6V TIlE UNDERSIGNED GRANTOR DECLARES THAT DOCUMENTARY TRANSFER TAX IS S52S:00 and CITY sO iJ computed on full value of property conveyed, or o computed on full value less liens or encumbrances remaining at the time of sale. o unin<XIrporated area: IE. WestmJnster, and

FOR A VALUABLE CONSIDERATION, receipt of which is bereby acknowledged, Tillamook Partnership, a General Partnership, CODslstine of the Tillamook Trust, with New Wave Services, LLC as Trustee and the Giant Trust, with DHK Partners, LLC as Trustee

hereby GRANTS to Yan Chun Ji, an unmarried woman, as to an undivided 55.00' interest, an_d. Gui-Jun Zhao, an unmarried woman, as to an undivided 45.00' interest, all as Tenants 1n Common.

the following described real property in the County of Ora nee, State ofCalifomia;

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.

Date December 22, 2009

Til k Partnership, a General Partnership

By: N w W e S ices, LtC. Trustee Hien Nguyen

STATE OF CALIFORNIA

COUNTY OF ilit'l~u On It. 4 Doll

) }S.S_ }

before me, L

~:::> B~Trustee

personally appeare who proved to me on the basis of satisfactory evidence to on s whose na . r bscribed to the withJ.!1..!nsrrwnent and aCkoOW~ed ed to me that hefsh ty executed e same in bisJbe It authorized capaci~, and that by hislher ciT ~ignature® on llu: ins menl the penon@. or the entity upon behalf of which tbe per$O~ acted, execute e IDstrument

1 certify under PENALTY OF PERJURY under the laws ofthc State of California that the foregoing parugraph is true and correct.

WITNESS my od aod official seal.

Signature -lJb}~I1=/d1,*:::=::::::::""'-- (Seal) @ LISA NGUYEN

CommissIOn fI. 186901& .' Notl r, Public· Clillornl. ~ • • Olillg' County -

Corrrm h ifn Oct 24, 20t 3

File No: 29538752

EXHIBIT "A"

THE LAND REFERRED TO HEREIN IS SITUATED IN THE (OUNlY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOT 174, TRACT 2388, IN THE CIlY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 77, PAGES 39 TO 41 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNlY RECORDER OF SAID COUNTY.

EXCEPT THEREfROM THE OIL, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES LYI NG BELOW THE SURFACE OF SAID LAND, AS PROVIDED IN DEEDS OF RECORD.

ASSESSOR'S PARCEL NUMBER: 203-491-20

It." , '}'I :4? l nV1l1;)O )

'. 1.;/1'

I", :, t o!

. II • '

"''' .'1'1' t'l~r' ,."tH

II i/' I n III ,~" q~ , I ,I 1. 1 1!1!·~I.'~·\!1I

)J:lW10j j ~ II , ( ,I

----"'"

Exhibit # D-TOF

Shelley v. Quality – Exhibit # D-TOF Page 1

Re: Fw: Richard Shelley v. Quality Loan Service Corp.

Subject Re: Fw: Richard Shelley v. Quality Loan Service Corp.

From [email protected]

To Philip

Sent Wednesday, June 09, 2010 2:21 PM

Attachments <<pic17807.jpg>>

Mr. Shelly, Please contact the Office Supervisor, Jeff Allsteadt, at (714) 338-4760 as I believe your

questions can be best answered by him. Thank you,

From: "Philip" <[email protected]> To: <[email protected]> Date: 06/09/2010 02:15 PM Subject: Re: Fw: Richard Shelley v. Quality Loan Service Corp. Once again, my last name is Shelley not Shelly so please do not call me Mr. Shelly as I do not even know who that is. Please refer to me as Mr. Shelley. I would call unfortunately I'm going to need some sort of written explanation for the 9th Circuit Court of Appeals as to why the transcript order was never filed on the docket and why the 9th Circuit never received a transcript. Not to mention as it appears, you may have me mistaken for somebody else that is not associated with the Plaintiff in the case referenced below. I'm also inquiring and need answers as to why in the order attached in the previous message it listed ARTHUR NAKAZATO as the Magistrate Judge when he was recused and the case reassigned (see attachment "8 Order Recusal"), and why the same ARTHUR NAKAZATO was not recused in Case #

8:09?cv?01261 (see attachment "Removal"). ----- Original Message -----

mailto:[email protected]

mailto:[email protected]


From: <[email protected]> To: "Philip" <[email protected]> Sent: Wednesday, June 09, 2010 12:13 PM Subject: Re: Fw: Richard Shelley v. Quality Loan Service Corp. > Mr. Shelly, > > Please call me at (714) 338-2849. > > Michelle > > > > From: "Philip" <[email protected]> > To: <[email protected]> > Date: 06/09/2010 12:10 PM > Subject: Re: Fw: Richard Shelley v. Quality Loan Service Corp. > > > > It's Mr. Shelley and no I didn't try to efile it as I've only been > permitted ECF with 9th Cir not with CACD and the 9th Cir told me that > the transcrpt order had to be filed with the District Court. I > manually filed it in person, handed it to the assistant in the clerks > office at the District Court in Santa Ana, they looked at it accepted > it sayed okay thank you and > I > left. I'm wondering if maybe it was because of the attached order even > though the Court never designated the case for efiling on the docket > and General Order 08-02 only states that all cases are subjet to > electronic filing. > ----- Original Message ----- > From: <[email protected]> > To: "Philip" <[email protected]> > Sent: Wednesday, June 09, 2010 11:41 AM > Subject: Re: Fw: Richard Shelley v. Quality Loan Service Corp. > > >> Mr. Shelly, >> >> Did you manually file your transcript request or did you attempt to efile >> it? If you attempted to efile it and are not permitted to then that >> is why it's not on the docket.


>> >> If you are still requesting a transcript and cannot efile it then >> you'll need to manually file the request. >> >> Michelle Urie >> Courtroom Deputy to the >> Honorable Cormac J. Carney >> >> >> >> From: "Philip" <[email protected]> >> To: "Michelle Urie" <[email protected]> >> Date: 06/09/2010 11:20 AM >> Subject: Fw: Richard Shelley v. Quality Loan Service Corp. >> >> >> >> Michelle Urie, >> On or a short before August 27, 2009 I filed with in the >> Central District Court in Santa Ana a transcript order for Case No. >> SACV 09-00291-CJC which is now on appeal in the 9th Circuit as CA9 Docket No. >> 09-56133 but it never registered or showed up on the docket. I don't know >> if this is because I have not been permitted to file anything in the case >> for proceeding pro se or because the issue is there was no transcript >> of the hearing which is what Ms. Beesley told me on the telephone in >> August of last year when spoke to her regarding the transcript order. >> If it would not be too much trouble, could you please help me resolve >> this problem or > tell >> me what I need to do or who I need to talk to resolve it? >> ----- Original Message ----- >> From: Maria Beesley >> To: Philip >> Cc: [email protected] >> Sent: Thursday, June 03, 2010 7:30 AM >> Subject: Re: Richard Shelley v. Quality Loan Service Corp. >> >> I'm not sure, Mr. Shelley, but here is our clerk's email. >> [email protected]. >> >> >> Maria Beesley >> Court Reporter to the >> Honorable Cormac J. Carney


>> (714) 564-9259 >> >> --- On Wed, 6/2/10, Philip <[email protected]> wrote: >> >> From: Philip <[email protected]> >> Subject: Re: Richard Shelley v. Quality Loan Service Corp. >> To: "Maria Beesley" <[email protected]> >> Date: Wednesday, June 2, 2010, 5:29 PM >> >> Hi Maria, >> How come it never registered that I filed a Transcript >> Order for the 9th Circuit in appellate case no. >> 09-56133 even though I filed it August 27, 2009 with the Clerk of >> the Central District Court in Santa Ana and you said that the court >> had received it? Is there an email where the clerk can be reached at? >> ----- Original Message ----- >> From: Maria Beesley >> To: [email protected] >> Sent: Monday, August 24, 2009 1:58 PM >> Subject: Richard Shelley v. Quality Loan Service Corp. >> >> >> >> Mr. Shelley, >> >> Here is a copy of the judge's order granting dismissal. >> >> >> Sincerely, >> Maria Beesley, RPR >> Official Reporter to the >> Honorable Cormac J. Carney >> 411 W. 4th Street, #1-053 >> Santa Ana, Ca. 92701 >> 714-564-9259 >> [email protected] >> >> >> >> > [attachment "24 Notice of Discrepancies Doc Rejected.pdf" deleted by > Michelle Urie/CACD/09/USCOURTS] > [attachment "8 Order Recusal (ANx) Reassigned to (MLG).pdf" deleted by Michelle

Urie/CACD/09/USCOURTS] [attachment "Removal 809?cv?01261 (ANx Recommendation).pdf" deleted by Michelle Urie/CACD/09/USCOURTS]




RICHARD SHELLEY,


V.



Defendant.


EXHIBIT # D-TOF ATTACHED DECLARATION OF RICHARD SHELLEY AS TO THE FILING OF THE CASE TRANSCRIPT ORDER

I Richard S helley do declare that on or within a couple of days befo re 8/24/09 I filed the

transcript o rder form for the abov e captioned case in the U.S. District Cour t, Central District of

California, Santa Ana Division. T he fi rst four pages of th is Exhibi t is a true and accura te copy of an

email that reflects the communicatio ns between me and Maria Beesley Court Reporter to District Judge

Cormac J. Carney as well as M ichelle Urie Cour troom Deputy to District Judge Corm ac J. Carney

regarding the filing of the transcript order and other issues. I Richard Shelley do declare under penalty of

perjury that the forgoing is true and correct.

/s/Richard Shelley - 7/09/10 Richard Shelley - Date Executed

Exhibit # FB-GN

B9A (Official Form 9A) (Chapter 7 Individual or Joint Debtor No Asset Case) (12/07)

UNITED STATES BANKRUPTCY COURT Central District Of CaliforniaNotice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines

A Chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on August 17, 2009.

You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. Alldocuments filed in the case may be inspected at the bankruptcy clerk's office atU. S. Bankruptcy Court, 411 West Fourth Street,Suite 2030, Santa Ana, CA 92701−4593

NOTE: The staff of the bankruptcy clerk's office cannot give legal advice.

See Reverse Side For Important ExplanationsDebtor(s) (name(s) and address):Gary Nguyen20675 Adam Cir.Yorba Linda, CA 92886

Case Number: 8:09−bk−18532−RK

All other names used by the Debtor(s) in the last 8 years (includemarried, maiden and trade names): Debtor:Joint Debtor:

Last four digits of Social Security or Individual Taxpayer−ID (ITIN)No(s)./Complete EIN: Dbt SSN: xxx−xx−6801

Attorney for Debtor(s) (name and address):Christopher P Walker505 S Villa Real Dr Ste 204Anaheim Hills, CA 92807Telephone number: 714−639−1990

Bankruptcy Trustee (name and address):Jeffrey I GoldenWeiland, Golden, Smiley, Wang EkvaP.O. Box 2470Costa Mesa, CA 92628−2470Telephone number: (714) 966−1000

Meeting of CreditorsDate: September 30, 2009 Time: 08:00 AMLocation: 411 W Fourth St., Room 3−110, Santa Ana, CA 92701

Presumption of Abuse under 11 U.S.C. § 707(b)See "Presumption of Abuse" on the reverse side

The presumption of abuse does not arise.

DeadlinesPapers must be received by the bankruptcy clerk's office by the following deadlines:

Deadline to File a Complaint Objecting to Discharge of the Debtor or to Determine Dischargeability of Certain Debts: November 30,2009

Deadline to Object to Exemptions: Thirty (30) days after the conclusion of the meeting of creditors.

Creditors May Not Take Certain ActionsIn most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and thedebtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request thecourt to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may bepenalized. Consult a lawyer to determine your rights in this case.

Please Do Not File a Proof of Claim Unless You Receive a Notice To Do So

Creditor with a Foreign AddressA creditor to whom this notice is sent at a foreign address should read the information under "Do Not File a Proof of Claim at This Time"on the reverse side.

Address of the Bankruptcy Clerk's Office:411 West Fourth Street, Suite 2030,Santa Ana, CA 92701−4593Telephone number: 714−338−5300

For the Court:Clerk of the Bankruptcy Court:Jon D. Ceretto

Hours Open: 9:00 AM − 4:00 PM Date: August 18, 2009(Form rev. 12/07:341−B9A) /

Case 8:09-bk-18532-RK Doc 5 Filed 08/17/09 Entered 08/17/09 12:21:28 Desc 341Mtg Chap7/Ind No Assets Page 1 of 2

Philip J S

Rectangle

Philip J S

Rectangle

http://www2.dre.ca.gov/PublicASP/pplinfo.asp?License_id=01872497[6/12/2010 3:44:00 PM]

STATE OF CALIFORNIADEPARTMENT OF REAL ESTATE

The license information shown below represents public information taken from the Department of Real Estate's database at the time of your inquiry. Itwill not reflect pending changes which are being reviewed for subsequent database updating. Also, the license information provided includes formal

administrative actions that have been taken against licensees pursuant to the Business and Professions Code and/or the Administrative Procedure Act. Allof the information displayed is public information. Although the business and mailing addresses of real estate licensees are included, this information is

not intended for mass mailing purposes.

License information taken from records of the Department of Real Estate on 6/12/2010 3:44:55 PM

License Type: BROKER

Name: Nguyen, Gary Bao

Mailing Address: 20675 ADAM CIRYORBA LINDA, CA 92886

License ID: 01872497

Expiration Date: 12/29/13

License Status: LICENSED

Broker License Issued: 12/30/09 (Unofficial -- taken from secondary records)

Former Name(s): NO FORMER NAMES

Main Office: 20675 ADAM CIRCLEYORBA LINDA, CA 92886

DBA NO CURRENT DBAS

Branches: NO CURRENT BRANCHES

Affiliated Licensed Corporation(s): NO CURRENT AFFILIATED CORPORATIONS

Comment: NO DISCIPLINARY ACTION

NO OTHER PUBLIC COMMENTS

>>>> Public information request complete <<<<

http://www2.dre.ca.gov/static/licstatus.htm

http://www2.dre.ca.gov/static/xplndate.htm

http://www2.dre.ca.gov/static/lic_comment.htm

Philip J S

Underline

Philip J S

Underline

Philip J S

Underline

Philip J S

Underline

Exhibit # FB-SDS

Gershuni & Imrich Files Suit to Save Irvine Family from Foreclosure | Business Wire | Find Articles at BNET

http://findarticles.com/p/articles/mi_m0EIN/is_2003_Feb_11/ai_97467069/[6/6/2010 7:38:27 PM]

0 Comments

1 2 Next

Gershuni & Imrich Files Suit to Save Irvine Familyfrom ForeclosureBusiness Wire, Feb 11, 2003

Business Editors

SANTA ANA, Calif.--(BUSINESS WIRE)--Feb. 11, 2003

Press Conference Set for Thursday, February 20th, 2003, at 10:15 AM

in Front of the Orange County Superior Courthouse (Santa Ana)

Attorneys Gregory B. Gershuni and Ian Imrich, representing Stephen and Kristin Cobb ofIrvine, have obtained a Temporary Restraining Order from the Orange County SuperiorCourt against Litton Loan Servicing, L.P., Greg Metcalf, and Possess the Land, Inc., tohalt eviction proceedings threatened against the Cobbs.

The Cobbs and their attorneys will hold a press conference on Thursday, February 20th,2003, at 10:15 AM in front of the Orange County Superior Court, 700 Civic Center DriveWest, Santa Ana, CA. prior to a preliminary injunction hearing in the case. Hon. ThomasThrasher, Sr. has set the matter for a preliminary injunction hearing in his courtroom,Department C-11, at 11:00 AM on February 20, 2003. The case is entitled Stephen Cobband Kristin Cobb vs. Litton Loan Servicing, L.P., et. al., Case No. 03CC01832. GregMetcalf, and Possess The Land, Inc., are also named as defendants in the lawsuit.

Shortly after moving with their three children from Colorado to California, the Cobbs, inOctober, 1998, purchased their Irvine home for $535,000. The first trust deed mortgageon their home was held by defendant Litton. In late 2001, the Cobb family experienced anumber of unforeseen personal and financial setbacks and fell behind in their loanpayments. They received a default notice in February of 2002; however, in May of 2002,the Cobbs entered into a written workout agreement with Litton by which they would beable to satisfy their mortgage debt arrearage by paying $10,000 initially, and then 12monthly payments.

After paying the initial $10,000, the Cobbs paid each monthly payment on or before thedue date, including their payment for January, 2003, which was not due until January20, 2003. On January 14, 2003, with only a few months to go on the repayment plan,the Cobbs were served with a three-day eviction notice indicating that the family homehad been sold at a foreclosure sale on January 3, 2003, by Litton to Greg Metcalf'scorporation, "Possess the Land, Inc."

Prior to receiving the eviction notice, the Cobb family had no idea that their family homehad been foreclosed upon.

"It is completely unbelievable to us that Litton could steal our family home," saidStephen Cobb. The foreclosure by Litton and Metcalf's attempt to evict the Cobbs caughtthe Cobb family entirely by surprise. The Cobb family immediately contacted Litton in anattempt to rectify Litton's mistake. Litton failed to respond to the Cobb family's cry forhelp, according to their attorney, Gregory B. Gershuni.

0

http://findarticles.com/p/articles/mi_m0EIN/is_2003_Feb_11/ai_97467069/[6/6/2010 7:40:27 PM]

The only recourse for the Cobb family, according to Gershuni, is to persuade the Courtto set aside the foreclosure, cancel the deed to Metcalf's corporation, and compel thebank to reinstate the Cobbs' loan. Accordingly, attorneys Gregory B. Gershuni and Ian J.Imrich filed such a lawsuit on behalf of the Cobbs on January 21, 2003.

"This entire situation has been devastating to us, and especially our daughters who arenow afraid that they will be uprooted from their schools and forced to move," said KristinCobb. "We are all in shock over this," she continued.

Their attorney, Gregory B. Gershuni, stated, "The Cobbs are decent, hard-working peoplewho have poured their hearts and souls into creating a safe nest for their family. To havetheir sense of security ripped away from them is wrong. The Court cannot let such aninjustice stand. We are confident that the Court will do what is necessary to right thisinjustice."

Plaintiffs' Counsel: Gregory B. Gershuni and Ian J. Imrich with the Los Angeles, CA lawfirm of Gershuni & Imrich, LLP; tel: 310/474-6300.

Defense Counsel: Stephen Silverstein and Stuart Wingo Knight represent DefendantsMetcalf and Defendant Possess the Land, Inc.; tel: 714/832-3651 (Silverstein) and714/730-4808 (Knight). General Counsel for Litton; tel: 800/669-6650.

State Bar of CA :: Steven David Silverstein

http://members.calbar.ca.gov/search/member_detail.aspx?x=86466[6/6/2010 7:52:36 PM]

Steven David Silverstein - #86466

Current Status: Active

This member is active and may practice law in California.

See below for more details.

Profile Information

Bar Number 86466

Address 14351 Red Hill Ave, #6Tustin, CA 92680

Phone Number (714) 832-3651

Fax Number Not Available

e-mail Not Available

District District 8 UndergraduateSchool

California St Univ Long Beach; CA

County Orange Law School Western State Univ; CA

Sections None

Status History

Effective Date Status Change

Present Active

5/31/1979 Admitted to The State Bar of California

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

Shelley v. Quality – R-POA Page 4

Re: before you do anything you need to file our claims & our documents in support of

Subject Re: before you do anything you need to file our claims & our documents in support of

From Stephen Dial

To Phlip

Sent Tuesday, May 19, 2009 8:56 AM

I have filed my motion to withdraw - it will be heard June 8, 2009. Richard has been served with copies. You several weeks ago, on the basis of a purported, ineffective and illegal "power of attorney" form, pretended to "relieve" me as counsel, and you and Richard thereafter refused to communicate with me, despite my _daily_ efforts to contact you by phone and by e-mail. Your contact with me has been intermittent and capricious, and you have allowed no contact with the actual client Richard, nor has he made any contact with me for more than a month. I cannot fulfill any sort of legal representation under those circumstances.

I am expecting Litton's motion to dismiss any day now. As I have already stated, I will _not_ take directions from you. I had no part in and no knowledge of your illicit contact with Litton, and I strongly disapprove of it. If _Richard_ wants the "claims and documents" you reference below filed, please arrange for Richard to sign a substitution of attorney and order as soon as possible. SFD

Phlip wrote: > if you need more copies of supporting documents to FDCPA claims let me > know > > ---------------------------------------------------------------------- > -->

Shelley v. Quality – Exhibit # R-POA Page 5



RICHARD SHELLEY,


V.




Defendant.


EXHIBIT # R-POA ATTACHED DECLARATIONS OF RICHARD SHELLEY AND PHILIP SHELLEY AS TO THE REVOCATION IN AND GRANT OF GENERAL POWER OF ATTORNEY

I Richard Shelley do declare the following. On April 8, 2009 I executed the General

Power of Attorney(hereinafter “P.o.A.”) included in this exhibit marked as Exhibit # D-RGPA,

free from duress and out of my own free will, granting a general power of attorney to Philip J.

Shelley (hereinafter “Philip”) to act as my agent and attorney in fact. Thereby, revoking any and

all general powers of attorney and special powers of attorney that had been previously signed by

me. I apparently forgot to include the date when signing it, but did fill it in later on during the

day. Following execution and acknowledgment of the P.o.A by Philip, I instructed him to

transmit and give notice of it to former counsel Stephen F. Dial which he apparently did

accomplish and sometime thereafter I verified receipt by telephone acknowledgment by Stephen

F. Dial. On May 8, 2010 I reaffirmed the P.o.A and acknowledged said reaffirmation in the

presence of two witnesses who both filled out the rest of the form by including their addresses

and executing as witnesses the acknowledgment of my reaffirmation of the granting general

power of attorney to Philip J. Shelley and the revocation of any and all powers of attorney

previously granted to Stephen F. Dial. I Richard Shelley do declare under the penalty of perjury

that the foregoing is true and correct.

/s/Richard Shelley - 7/22/10

Richard Shelley - Date Executed



I Philip Shelley do declare the following. On approximately April 8, 2009 I witnessed

Richard Shelley execute and acknowledge said execution of a general power of attorney granting

me Philip Shelley the power to act as agent and as attorney in fact for said Richard Shelley.

Following said execution I proceeded to scan images of said general power of attorney for

transmission and notification to previous counsel Stephen F. Dial via facsimile at fax number

(714) 279-8052 and by e-mail notification with the power of attorney attached to the e-mail

message sent to [email protected]. Both the fax number and e-mail address are two primary

methods of communication for getting into contact with Stephen F. Dial at Dial & Associates,

the law offices for attorney Stephen F. Dial, 505 S. Villa Real Drive Suite 205, Anaheim Hills,

CA 92807 as is posted and advertised on the website at http://dialaw.com . Stephen F.

Dial(hereinafter “Dial”) had to have known he was being relieved as counsel. Shortly after

receiving a copy of the denial for the request for a T.R.O. from the ex parte Civil Minutes

General (EOR) containing multiple inaccuracies also ignored material facts, and then looking

over the details of the complaint discovering numerous legal and factual omissions and

misstatements Richard Shelley had apparently promptly made a request to Dial’s secretary for a

final billing assessment of the total amount in fees, charges and expenses incurred by Dial &

Associates for their services. Which on March 13, 2009 Dial’s secretary Phoebe Tran did fulfill

said request (see RJN Ex.# A-SFD *1), but with a somewhat lower than expected amount but

plausible considering Richard Shelley had never signed a retainer fee agreement with Dial &

Associates. However, it wasn’t until Dial proposed a settlement offer to Richard Shelley which

would have required him to assume the liability and obligations of someone or something else’s

account of indebtedness from which nothing beneficial was gained and no consideration was

ever received by Richard Shelley coming from the debt of another purporting to be the unpaid

principal amount of the once secured balance that was paid in full and extinguished, but

completely unrelated and in no way attachable to the residential real estate property owned by

and belonging to Richard Shelley. Additional terms of the settlement which Defendants and Dial

were unsuccessful in their attempts to forcefully impose would have required that Richard


Shelley “dismiss [his] case with prejudice and sign a general release” and permit “Litton … to

continue the foreclosure sale” even though said fraudulent foreclosure was stopped dead in its

tracks because the Defendants knew and know that the sale had no validity and they had no

legitimate, enforceable rights against Richard Shelley or his property, require him to “submit []

requested financial information for Litton” probably so Litton can make even more false

accusations of him of owing debt belonging to other people, making clear that “Litton does not

guarantee that it will approve” which is ironic because Richard Shelley did not and made no

guarantees that he would nor did ever approve the going through with the transaction nor did he

consent to any of the purported terms the Defendants falsely claim to be enforceable against him,

even worse is that the separate distinction is acknowledged but still Richard Shelley must be

terrorized extortionately to force him to “pay off the Litton loan in full”, and even though he

never received any loan and never transacted business with Litton if he did or would not obey

any of the demands ordered and does not assent then “Litton is free to foreclose on the

property”. RJN Ex.# A-SFD, at *2(emphasis added). The terms were proposed by Dial on April

7, 2009 and were not found to be beneficial at all, quite the contrary they were found to be

seriously detrimental, so on April 8, 2009 his power to act as attorney for Richard Shelley was

duly revoked and any actions or inactions of Dial were in connivance and against the intentions

and interests of Richard Shelley. After apparent insult from not consenting to the waiver of all

rights and refusing to submit to the tyrannical oppression that is systematic in courts throughout

these United States and very actively kept alive in constant circulation by officers of the Court

both Judicial and representative alike, Dial’s behavior became extreme. Stephen F. Dial shortly

after receiving notice that his power of attorney had been revoked began terrorizing Richard

Shelley, sending emails, calling his house nonstop, sending people to harass him at work and

running that unexpectedly low bill (RJN Ex.# A-SFD *1) through the roof by charging for every

harassment, unreasonably calculating charges for services performed (see RJN Ex.# A-SFD *3-

9), charging for services material to this case but never actually performed see Id. “Shelley v.

Emerald Financial”, proceeded to perform unauthorized services after power of attorney had

been revoked and charge for them too with the intention that his participation in the case would


do further damage, which from April 8, 2009 to June 10, 2009 amounted to somewhere around

$3140.45, and then kept illegally running charges on Richard Shelley’s debit card without

authorization after revocation a thousand dollars each time I know at least three times for sure

that he did not include in the billing report most likely because after telling him several times to

stop because Richard Shelley was no longer using his services I had to tell him I was going to

call the police department and file a report to have him arrested the next time he charged that

account again. The several unauthorized charges to the account are a big reason why Richard

Shelley was unable to pay the filing fee at the immediate moment in time for when it was

attempted to have the unlawful detainer removed to the District Court on what Richard Shelley

and I both thought at the time was the day before the scheduled hearing in the superior court, not

knowing that a motion for summary judgment hearing that we weren’t served with and were not

given notice of until after we showed up at the superior court for the hearing that had been

vacated. Then there is also the issue of the Magistrate judge Arthur Nakazato who recused

himself from this case, but then neglected to do the same in the petition for removal of the

unlawful detainer action where he recommended that the District judge hearing the petition

dismiss it. I Philip Shelley do declare under penalty of perjury that the foregoing is true and

correct.



Exhibit # VD-PFC

Case 8:99-cv-00830-AHS-AN Document 8 Filed 11/16/99 Page 1 of 5• 1 SANDRA J. HARRIS, Cal Bar # 134153

JAMES A. HOWELL, Cal. Bar # 92721 2 NICOLAS MORGAN, Cal. Bar # 166441

3 Attorneys for Pla~nt~ff Secur~ties and Exchange Commiss~on

4 Valer~e Capron~, Reg~onal D~rector 5670 Wilshire Boulevard, 11th F

5 Los Angeles, Cal~fornia 90036-Phone (323) 965-3998 /

I 6 Fax. (323) 965-3908 I

" j 7

I 8

9 FOR THE CENTRAL DISTRICT OF CALIFORNIA

10

11 SECURITIES AND EXCHANGE COMMISSION, Case No. ;;ACv f~ -83U Atf5(AfJ;J 12 Pla~ntiff , FINAL JUDGMENT OF PERMANENT

INJUNCTION AND OTHER RELIEF 13 vs.

14 MICHELLE NGU1~N, LISA NGUYEN and HAOVU ENTERED

15 Defendants.

16

17 Pla~ntiff Secur~t~es and Exchang

18 hav~ng filed and served upon Defenda ") a

19 Summons and Complaint ~n th~s act~oni Nguyen hav~ng adm~tted serv~ce

20 upon her of the Summons and Compla~nt ~n this action and the

21 Jurisdiction of this Court over her and over the subJect matter of

22 this act~on; hav~ng been fully advised and informed of her rlght to

23 a Judlcial determinat~on of this matter, having waived the entry of

24 f~ndlngs of fact and conclusions of law as prov~ded by Rule 52 of

25 the Federal Rules of Civ~l Procedure; hav~ng consented to the entry

26 of th~s F~nal Judgment Of Permanent Injunctlon And Other Relief

27 Aga~nst Mlchelle Nguyen ("Final Judgment"), w~thout admittlng or

28 I Hf"lEBY CERTIFY lHAT nils DOCUMM WAS SE!!VBl BY

/' FI," CI~S' MAil POSTAGE PREPAID, TO All COUNSEL

--:7' Docketed ~~;:~:~~~I~T~~::f:~~OSt RECOO AOORESS OF T Mid copy Ptys _--1..( ... I-~I 'S .... -_Sl...'1"--__

Mid Notice Ptys DATED ••• - --

;J:§.JS.6 D£PUlYCl£IlI( ;; JQY)

Case 8:99-cv-00830-AHS-AN Document 8 Filed 11/16/99 Page 2 of 5• 1 deny~ng the allegat~ons in the Compla~nt except as spec~f~cally set

2 forth ~n the Consent Of M~chelle Nguyen To Entry Of F~nal Judgment

3 Of Permanent In] unction And Other Rel~ef (11 Consent"); no not~ce of

4 hearing upon the entry of thlS Flnal Judgment being necessary; and

5 this Court being fully advised:

6 I.

7 IT IS ORDERED, ADJUDGED AND DECREED that Nguyen and her agents,

8 servants, employees and attorneys, and all persons ~n act~ve concert

9 or partic~patlon with any of them, who receive actual notice of thls

10 Flnal Judgment by personal service or otherw~se, and each of them,

11 are permanently restra~ned and enjo~ned from, d~rectly or

12 indirectly, in connection w~th the purchase or sale of any security,

13 by the use of any means or ~nstrumental~ty of interstate commerce,

14 or of the mails, or of any facllity of any national securit~es

15 exchange.

16 A.

17

18

19

20

21

22

23

24

B.

C.

emploYlng any devlce, scheme, or art~flce to defraud;

maklng any untrue statement of a material fact or

omltt~ng to state a material fact necessary In order to

make the statements made, In the light of the

circumstances under which they were made, not mlsleadlng;

or

engag~ng In any act, practice, or course of business

whlch operates or would operate as a fraud or dece~t upon

any person;

25 In violat~on of Section 10(b) of the Securitles Exchange Act of 1934

26 [15 U.S.C. § 78j (b)] and Rule 10b-5 thereunder [17 C.F.R.

27 § 240.10b-5].

28

- 2 -

Case 8:99-cv-00830-AHS-AN Document 8 Filed 11/16/99 Page 3 of 5• •• 1

2 II.

3 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Nguyen pay

4 dlsgorgement in the amount of $41,662 50, plus pre-Judgment interest

5 calculated pursuant to 28 U.S.C. § 1961. Nguyen shall make an

6 payment of the disgorgement within thlrty (30) days of entry of thls

7 Flnal Judgment This sum shall be pald by cashier's check,

8 certified check or postal money order made payable to the Unlted

9 States Securltles and Exchange Commisslon, and shall be transmltted

10 to the Comptroller, Securltles and Exchange Commisslon, Operatlons

11 Center, 6432 General Green Way, Stop 0-3, Alexandrla, VA 22312,

12 under cover of a letter that ldentifies the defendant, the name and

13 case number of this litlgatlon, and the court. A copy of such cover

14 letter shall be simultaneously transmltted to counsel for the

15 Commlssion in thls action at ltS Los Angeles Office.

16 III.

17 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Nguyen lS

18 assessed, and shall pay to the CommlSSlon for dellvery to the Unlted

19 States Treasury, clvll penaltles In the amount of $41,662.50

20 pursuant to Section 21A of the Exchange Act [15 U.S.C. § 78u-1l .

21 Nguyen shall pay the above penalty in four (4) equal lnstallments,

22 wlth accumulated lnterest calculated pursuant to 28 u.s C. § 1961,

23 beglnning Slxty (60) days after entry of thlS Flnal Judgment and

24 continuing every ninety (90) days thereafter. These sum shall be

25 made by cashier's check, certified check or postal money order,

26 payable to the United States Treasury, and shall be transmitted to

27 the Comptroller, Securltles and Exchange Commission, Operations

28 Center, 6432 General Green Way, Stop 0-3, Alexandrla, VA 22312,

- 3 -

Case 8:99-cv-00830-AHS-AN Document 8 Filed 11/16/99 Page 4 of 5• 1 under cover of a letter whlch ldentlfles the defendant, the name and

2 case number of this litigatlon and the name of the Court. A copy of

3 the cover letters shall be slmultaneously transmltted to counsel for

4 the CommlSSlon at its Los Angeles offlce.

5 IV.

6 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the proVlslons

7 of the Consent filed concurrently wlth thls Flnal Judgment are

8 incorporated by this reference, and that Nguyen shall comply wlth

9 the Consent.

10 V.

11 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that thlS Court

12 shall retaln Jurisdictlon over this actlon for all purposes,

13 lncludlng to determine the llabllity of any remainlng defendants ln

14 thls action, to lmplement and enforce the terms of this Flnal

15 Judgment and other orders and decrees which may be entered, and to

16 grant such other relief as thls Court may deem necessary and Just.

17

18

19

20 DATED. }}- lJ· ~ t 21 UNITED STATES DISTRICT JUDGE

22

23

24

25

26

27

28

- 4 - JUDGMENT

Case 8:99-cv-00830-AHS-AN Document 8 Filed 11/16/99 Page 5 of 5• 1 CERTIFICATE OF SERVICE

2 I, Marylee Burton, am the over the age of 18 years, not a party

3 to this action, and am a citizen of the Unlted States. My business

4 address is 5670 Wilshire Boulevard, 11th Floor, Los Angeles,

5 California 90036. On October 22, 1999, I caused to be served the

6 following document entitled, (1) CONSENT OF MICHELLE NGUYEN TO ENTRY

7 OF FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF;

8 (2) CONSENT OF HAO va TO ENTRY OF FINAL JUDGMENT OF PERMANENT

9 INJUNCTION AND OTHER RELIEF; (3) CONSENT OF LISA NGUYEN TO ENTRY OF

10 FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF (4) FINAL

11 JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST MICHELLE

12 NGUYEN; (5) FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF

13 AGAINST HAO VU; and (6) FINAL JUDGMENT OF PERMANENT INJUNCTION AND

14 OTHER RELIEF AGAINST LISA NGUYEN causlng to be malled true and

15 correct copies thereof ln sealed envelope, postage prepaid, to:

16

17

18

19

20

21

22

Scott W. Wellman Wellman & Warren LLP 4 Venture Suite 325 Irvine, CA 92618-3325

Cinthia Schalderibrand Freeburg, Judy & Nettels 440 West First Street Suite 102 Tustin, CA 92780-3047

23 I declare under penalty of perjury that the foregoing is true

24 and correct.

25

26 Dated: November 5, 1999

27

28

Shelley v. Quality - D-ATH Page��



RICHARD SHELLEY,


V.

QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING, LLP,



Defendant.


DECLARATION OF RICHARD SHELLEY,& DECLARATION OF PHILIP SHELLEY, OF: ACCOUNT TRANSACTION HISTORY

I Richard Shelley have personally reviewed the referenced below transaction histories included in the

image contained within this Declaration on the following page. In the image on the following page of

this Declaration are photocopies of true and accurate sections with a redacted account number from

transaction histories provided by Defendant Fremont Investment & Loan and Appellee Litton Loan

Servicing who are both parties to the case which is now on appeal in the above captioned case. I am the

Plaintiff/Appellant and also a party to this case. In the following image the upper portion reflects the

Fremont Investment & Loan account # 1000321997 which is the same account in connection with and

referenced on the Deed of Trust Recorded in the Official Records of Orange County, California on

5/26/06 as instrument # 2006000359250 attached to the complaint in this case as Exhibit B. The upper

portion of the image below reveals that on 9/07/06 indicated as transaction number 19, $272,424.11 was

applied toward the principal, leaving the principal balance owing at $0.00. The account in the below

portion of the image reflects an unknown account that was not open by me the Plaintiff/Appellant, but

S

w

e

Shelley v. Qu

was provided

extended cre

I Richard S

ality - D-ATH

d to me by A

edit which w

helley do de

H

Appellee Litt

as the one w

eclare under

ton Loan Se

with the origi

penalty of p

ervicing. I ha

inal creditor

perjury that th

ad only ever

Defendant F

the foregoing

r intended to

Fremont Inv

g is true and

/s/Richard

Richard S

open one ac

vestment & L

d correct.

d Shelley - 6

Shelley - Exe

Page��

ccount of

Loan.

6/25/2010

ecuted on

Shelley v. Quality - D-ATH Page��

DECLARATION OF PHILIP SHELLEY

I Philip Shelley have personally reviewed the transaction histories contained in the image

included on the previous page of these Declarations. The top portion of the image appears to be a

transaction history printout from Fremont Investment & Loan of loan account number

1000321997, which appears to be the very same account relevant to and referenced in the Deed

of Trust dated 5/15/06 and Recorded in the Official Records of Orange County, California on

5/26/06 as instrument # 2006000359250. The transaction history for account number

1000321997 shows transaction number 19 on 9/07/06 a payment in the amount of $272,424.11

was applied paying off the account in full leaving no balance remaining. The bottom portion

appears to be the transaction history printout apparently from Litton Loan Servicing of an

account with almost similar characteristics of the aforementioned account (such as a total

principal amount close to but not the same amount on the bottom of the printout), but a wholly

separate account that is not identified anywhere nor referred to in the aforementioned recorded

instrument. I Philip Shelley do declare under penalty of perjury that to the best of my knowledge

the foregoing is true and correct.

Declarant: Philip Shelley - Date

Digitally signed by Philip J. Shelley DN: cn=Philip J. Shelley, o, ou, [email protected], c=US Reason: I attest to the accuracy and integrity of this document Date: 2010.06.25 10:22:40 -07'00'

Shelley v. Quality - D-CT Page 1



RICHARD SHELLEY,


V.



Defendant.

No. 09-56133 D.C. No. 8:09-cv-00291-CJC-MLG Central District of California, Santa Ana DECLARATION OF RICHARD SHELLEY AS TO THE CREDIT TRANSACTION AND CIRCUMSTANCES SURROUNDING AND IN CONNECTION WITH IT

I Richard Shelley do declare as follows. Within a month’s time preceding the rescinded

transaction in question in this case, I had received solicitation by phone from Jeff Merrick, the

previous creditor’s representative responsible for providing the credit terms in the paying off of

all my debts at the time of the prior agreement (see RJN Ex.#1-AF). Mr. Merrick had indicated

that he was a working with a new company at the time that could provide credit refinancing for

me on more reasonably favorable terms. Mr. Merrick had also informed me of an upcoming rate

adjustment at that time, a feature that I was not entirely informed about during the previous

transaction and was unaware of. The day that I met with the agent of the lender’s which was on

or about May 16, 2006 I remember I was already running late because I didn’t get off of work as

early as I had hoped. So I had to drive straight from where I work for the U.S. Postal Service at

15030 Goldenwest Cir., Westminster, California 92683 to the agent’s office at 3662 Katella

Ave., Ste. 201, Los Alamitos, California 90720 where the meeting took place. When I got there I


was greeted by a Vera Martin, who quickly began giving short descriptions of documents she

was presenting to me to for my signature. Ms. Martin seemed to be in a rush apparently because I

was running late and it may have been closing hours for that office. Although I may have signed

some documents and received a very large bundle of copies of several different junk like

advertising documents to review others which only to inform me that I had a right to receive a

certain disclosure and may only obtain them by written request from Fremont Investment &

Loan. While I don’t particularly know of the time which I received each and every document of

all of them I do know some other than the very large bundle provided to me at the time of the

transaction. Some of the ones that I know were sent in another large bundle at a later date by

Fremont Investment & Loan (see RJN Ex.# MC *1) were RJN Ex.#s 2-A1 (because it was one I

was charged for and specifically requested); and 2-FWR (because I remember wondering what it

was). Then there were other sets of disclosures later provided by Litton Loan Servicing (see RJN

Ex.# MC *4-5, *9-10), the only one I can recall receiving from one of those times was RJN Ex.#

2-A. Among the others that I’m not sure of whether I was provided with copies of for my review

at the time of the transaction as Ms. Martin had rushed me or provided to me later by Fremont or

Litton were ones such as RJN Ex.#s 2-URE *2-3; 2-MUA; 2-DTN as well as others. In RJN Ex.#

2-DTO, at *1 there is some reference to a Note purportedly signed by me on May 15, 2006 prior

to the transaction with Ms. Martin which is absolutely false, because I only ever met with one of

the lender’s agents the one time. I don’t recall ever being told that any of the documents I was

signing was such a Promissory Note which I reasonably would have remembered being asked to

sign such a Note by Ms. Martin but don’t believe was at that time. The single page included in

the exhibits attached to the complaint (Compl. Exhibit A, at *1) was received in response to a

debt dispute notification from one of either Appellees, Litton Loan Servicing LLP (debt dispute I


cannot currently find but for Litton’s responses see RJN Ex.# MC *4-5, *9-10) which sent back a

copy of a page I had included in the dispute letter evidencing that the MIN was no longer active

on the MERS tracking system (see RJN Ex.# 2-MC *11) which somehow Litton was able to

reactivate and still remains active today (see RJN Ex.# 3-MIN) or Quality Loan Service Corp.

(RJN Ex.# 2-MC *3-5) who was neither the appointed Trustee named in the Deed of Trust (see

RJN Ex.# 2-DTO, at *2 ¶ (H)) nor ever substituted properly as such (see RJN Ex.# 2-DTO, at

*13 ¶ 24). As such the account they falsely attempt to attribute to me in place of the actual

secured account # 1000321997 in the Deed of Trust (see RJN Ex.# 2-DTO, at *1) principal

balance of which had already been paid in full (see RJN Ex.# D-ATH) had been disputed with

both parties. So the authenticity and accuracy is questionable and reasonably subject to dispute,

the copy provided was solely for the purposes having the originals ordered up to be cancelled, I

do not consent to nor can I attest as to its authenticity nor can I or do I to any of the exhibits in

any of Litton’s Request for Judicial Notices but do contest their valid authenticity. This alleged

Note was received sometime after Fremont Investment & Loan had allegedly sent me a “notice

of assignment, sale, or transfer of servicing rights” RJN Ex.# 2-MC, at *2(uppercase lowered).

This unsigned notice alleged that the only obligatory account I had with them, the principal

balance of which had already been paid in full (see RJN Ex.# D-ATH) was to be assigned, sold

or transferred to Litton Loan Servicing but says nothing of the Note purportedly signed on May

15, 2006 or any Note for that matter and there was never any recording evidencing any such

assignment to Litton in the Official Records of Orange County, California which only raises

more questions. I’ve enclosed some of the original copies of the instrument or documents that

were provided to me in the large bundle for my review (see RJN Ex.#s 2-GD; and 2-DTO), but at

the meeting with Ms. Martin I was never shown any such attachments that were apart of those


instruments, I was only quickly shown what Ms. Martin said she needed me to sign. The copies

provided to me contained no such “Exhibit A” attached to either of the instruments which was

apparently added and referenced to in unauthorized amendments to the instruments without my

consent or authorization for any such modification. Either that or I was given different, possibly

incomplete copies, but judging from the handwritten additions that were not of my own doing the

former is most likely the case (see RJN Ex.#s 2-GDA and 2-DTPA both w/highlighted markups).

And if that is the case then the changes to the ones that were recorded were most certainly done

some time after the meeting between Ms. Martin and I, because I don’t remember seeing Ms.

Martin making any changes, corrections, additions, fix-ups or anything of the sort to the

instruments or documents in my presence and she had not ever requested my informed consent

nor indicated that there was unfinished paperwork that was not completed during our meeting

and it was necessary that I come back to the office in order to finish it. Such remains to be

unexplained along with several other issues. Included with a HUD settlement statement (RJN

Ex.# 2-AH) Ms. Martin had mailed me following our meeting was a notice from her requesting I

sign and return (neither of which I did) the instruments that she included with the letter (see RJN

Ex.# 2-AE), which were backdated, contained several inaccurate statements of facts, factual

misrepresentations and asking that I consent to willingly allow them and/or their business

associates to make any misrepresentations they want to me, do whatever they like with any

money and instruments received in escrow, commit forgery, provide consent for me to purchase

my own house with the incorrect address and legal description as the buyer and indemnify and

release them and all parties thereto from any liability in law or equity (see RJN Ex.# 2-AE, at *4,

¶¶ 11-13). And even though I did not sign and return the escrow instructions it appears they may

have done all the things mentioned above anyway, making the terms of the obligation


surrounding the transaction even more unconscionable as well as it was a contract of adhesion as

I had never been given an opportunity to negotiate the terms, I had only met with the lender’s

agent once where there was no meeting of the minds or negotiating, there was just ‘here, hurry

up sign these and leave’, and none of the instruments which I purportedly executed and

acknowledged having executed were ever executed by the lender Fremont Investment & Loan

thereby also making the contract unilateral and revocable/rescindable unilaterally in the same as

such with my election which I did and have chosen to timely exercise that right which did

rescind the transaction in its entirety. Therefore an escrow could not have been completed

without me having given my authorization and consent to the terms, anything that was

transmitted into escrow by me which was also apparently altered without my authorized consent

that may have been released or disbursed from escrow was also done without my authorized

consent and any instruments created in connection with the transaction became null and void ab

initio as such from having rescinded the transaction, any obligation I may have had arising from

the rescission was discharged by the Defendants’ acquiescence and any beneficial right,

equitable entitlement and/or other such claims was forfeited by their failure to ever assert it at all

let alone timely. I Richard Shelley do declare under penalty of perjury to the best of my

knowledge that the foregoing is true and correct.

/s/Richard Shelley 7/24/2010 Richard Shelley Executed on

I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on (date) . I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system.

CERTIFICATE OF SERVICE When All Case Participants are Registered for the Appellate CM/ECF System

I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on (date) . Participants in the case who are registered CM/ECF users will be served by the appellate CM/ECF system. I further certify that some of the participants in the case are not registered CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within 3 calendar days to the following non-CM/ECF participants:

Signature (use "s/" format)

CERTIFICATE OF SERVICE When Not All Case Participants are Registered for the Appellate CM/ECF System

9th Circuit Case Number(s)

*********************************************************************************

Signature (use "s/" format)

NOTE: To secure your input, you should print the filled-in form to PDF (File > Print > PDF Printer/Creator).

*********************************************************************************

David C. Scott, Esq MCCARTHY & HOLTHUS, LLP 1770 Fourth Avenue San Diego, CA 92101 Attorneys for Defendant/Appellee QUALITY LOAN SERVICE CORP.

09-56133

Jul 30, 2010

/s/Richard Shelley

Documents

Request for Judicial Notice #1