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Livier Garcia 2280 North Yucca Ave Rialto, CA 92377 Pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY SAN BERNARDINO CIVIL DIVISION

LIVIER GARCIA, Plaintiff, : vs. ANTHONY FORSBERG, ASST. V.P. OF SPECIALIZED LOAN SERVICING LLC, SPECIALIZED LOAN SERVICING LLC, RMS RESIDENTIAL PROPERTIES LLC, REGIONAL SERVICE CORPORATION, ____Defendants.

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CIVIL CASE NO. COMPLAINT IN QUIET TILE ACTION Related Case UDFS 1102325

Comes now, Livier Garcia, Plaintiff [hereinafter Mrs. Garcia] in the aforesaid captioned case respectfully filing Complaint pursuant to California Rules of Civil Procedure, Rule 760.010 and sets forth the following in support thereof: JURISDICTION: Jurisdiction of this Honorable Court over subject matter is conferred by California Code of Civil Procedure, 760.040(b): The Court has complete jurisdiction over the parties to the action and the property described in the complaint and is deemed tot have possession and control over the property for the purpose of the action with complete jurisdiction to render the judgment provided for in this chapter.

1 COMPLAINT

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PARTIES TO THE ACTION: Plaintiff: Mrs. Livier Garcia (hereinafter Mrs. Garcia) is, and was at all times mentioned herein, a legal Hispanic resident of San Bernardino County; residing at 2280 North Yucca Avenue, Rialto, CA 92377; Her permanent residence. Mrs. Garcia is unable to speak, read or write in English language. Defendant: Anthony Forsberg, is the Assistant Vice President of Specialized Loan Servicing LLC, whose registered address is 8742 Lucent Blvd., Suite 300, Highlands Ranch, CO 80129. Defendant: Specialized Loan Servicing LLC, whose registered address is 8742 Lucent Blvd., Suite 300, Highlands Ranch, CO 80129. Defendant: RMS Residential Properties LLC, is a corporation licensed to do business in California. Address unknown. Defendant: Regional Service Corporation is licensed to do business in California. Address unknown. STATEMENT OF FACTS: 1. Mrs. Livier Garcia is the registered owner of 2280 North Yucca Avenue, Rialto, California 92377. The legal description of said property is: Lot 9 of tract no. 10230, in the City of Rialto, County of San Bernardino, State of California, as per map recorded in Book 180 pages 17 to 19 inclusive, of maps, in the Office of the County Recorder of said County. 2. On or about April 23, 2007, Mrs. Garcia entered into a written contract [written in English] with Acropolis Mortgage Corporation to refinance her Mortgage. 3. Mrs. Garcia has never received any notice of transfer or assignment from Acropolis Mortgage Corporation to any third party. 4. There is no Notice of Assignment or Transfer to a third party that has been recorded in the Official Records Office of San Bernardino County.

2 COMPLAINT

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5. On or about August 5, 2009, Mrs. Garcia received a communication from Specialized Loan Servicing, LLC, purporting to be a duly authorized representative of the owner and holder of a certain promissory note executed and delivered by the Borrower [written in English]. 6. On or about March 20, 2011, Mrs. Garcia received a Notice of Default and Notice of Intent to Foreclose from Specialized Loan Servicing LLC who now claimed to be the current creditor to whom the debt is owed. [Written in English] 7. On or about May 04, 2011, Specialized Loan Servicing LLC, Asst. Vice President, Anthony Forsberg, authorized non judicial foreclosure of 2280 North Yucca Ave., Rialto, California. 8. On or about June 02, 2011, a Substitution of Trustee was filed in the Official Records Office of San Bernardino County wherein RMS Residential Properties LLC claims to be the current

Beneficiary [in lieu of Acropolis Mortgage corporation] appointing a substitute Trustee, Regional Service Corporation. This Substitution of Trustee was submitted by Anthony Forsberg, Asst. V.P. of Specialized Loan Servicing LLC, as Attorney in fact for RMS Residential Properties LLC. 9. On or about August 09, 2011, Regional Service Corporation, recorded a Notice of Trustees Sale in the Official Records Office of San Bernardino County. [Written in English.] 10. On or about October 05, 2011, Regional Service Corporation [a California Corporation] filed a Trustees Deed granting all right, title and interest in the property in question to RMS Residential Properties LLC. 11. The County of San Bernardino has a fiduciary duty to verify the standing/authority of any party seeking non judicial foreclosure of real estate within the Countys jurisdiction.

3 COMPLAINT

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FIRST CAUSE OF ACTION: Illegal Non-judicial Foreclosure.

Specialized Loan Servicing LLC authorized a non judicial foreclosure on Mrs. Garcias property without lawful authority to do so. Specialized Loan Servicing LLC fraudulently represented ownership of Mrs. Garcias debt/note. If Specialized Loan Servicing LLC cannot produce

assignment by the valid Note Holder they have perpetrated a fraud upon this Honorable Court.

SECOND CAUSE OF ACTION: Unlawful Conversion.

RMS Residential Properties LLC is not the legal Beneficiary/Note holder. There is no evidence in record that RMS Residential Properties LLC is the true Beneficiary and note holder. Without verification of a transfer/sale/assignment to RMS Residential Properties LLC, by the last registered Beneficiary/Note holder, Acropolis Mortgage Corporation, or the FDIC1, the Substitution of Trustee, Notice of Trustees Sale, and Trustees Deed2 are null and void. The actions of the named Defendants acting in concert is unlawful conversion of Mrs. Garcias property. Not one of the named Defendants have established any evidence that any one of them, collectively or separately, had standing to foreclosure on said property. RESERVATION OF THE RIGHT TO ADD A CAUSE OF ACTION FOR FRAUD Mrs. Garcia reserves the right to add a cause of action for Fraud in the event the named Defendants fail to provide the discovery to be requested.

RMS may have purchased the Note from FDIC if Acropolis Mortgage Corporation failed; in which event there would be proper receipt/forms authenticating the purchase. 2 How can a self-proclaimed Beneficiary record appointment of a substitute Trustee who it turn subsequently provides a Trustees Deed back to the self-proclaimed beneficiary without raising a question of fraud?

4 COMPLAINT

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WHEREFORE, Mrs. Garcia prays for the following: 1) A Determination and Declaratory judgment that Mrs. Garcia is the rightful holder to the property and that defendants, RMS Residential Properties LLC, Regional Service Corporation, and Specialized Loan Servicing LLC, their assigns, agents, or representatives have no estate, right, title or interest in 2280 North Yucca Avenue, Rialto, California. 2) A Judgment forever enjoining said defendants, RMS Residential Properties LLC, Regional Service Corporation, and Specialized Loan Servicing LLC, their assigns, agents, or representatives from claiming estate, right, title or interest in 2280 North Yucca Avenue, Rialto, California. 3) Void , the Substitution of Trustee, Notice of Trustees Sale, and Trustees Deed from the Official Court Record. 4) Costs of the instant suit. 5) Any other equitable relief deemed appropriate by this Honorable Court.

DATE: December 2, 2011 Respectfully submitted,

________________________________________ Mrs. Livier Garcia

Livier Garcia 2280 North Yucca Ave 5 COMPLAINT

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Rialto, CA 92377 Pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY-FONTANA JUDICIAL DISTRICT LIVIER GARCIA, : : : vs. : : RMS RESIDENTIAL PROPERTIES LLC : REGIONAL SERVICE CORPORATION, : SPECIALIZED LOAN SERVICING LLC, : ____Defendants. : Plaintiff, Case no. COMPLAINT IN QUIET TILE ACTION VERIFICATION

VERIFICATION I, Livier Garcia, do hereby verify under the penalty of perjury that the contents of the heretofore attached Complaint are true and correct to the best of my knowledge, information, and belief.

DATE: December 2, 2011

_______________________________ Livier Garcia

6 COMPLAINT

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Livier Garcia 2280 North Yucca Ave Rialto, CA 92377 Pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY-FONTANA JUDICIAL DISTRICT LIVIER GARCIA, Plaintiff, : vs. : : RMS RESIDENTIAL PROPERTIES LLC : REGIONAL SERVICE CORPORATION, : SPECIALIZED LOAN SERVICING LLC, : ___Defendants. : PROOF OF SERVICE : : Case no.

The undersigned is over 18 years of age and not a party to the afore-captioned case and has caused to be served, by way of first class mail, a true and correct copy of the Verified CrossComplaint upon the party at the address listed hereunder: Parnaz Parto, Esquire Robert J. Jackson & Associates, Inc. 4199 Campus Drive, Suite 700 Irvine, CA 92612

DATE: December 2, 2011

___________________________________ 7 COMPLAINT