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Bruno & Annie Vidal 12114 El Oro Way Los Angeles, CA 91334 Pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY - CIVIL DIVISION BRUNO VIDAL, ANNIE VIDAL, Plaintiffs, vs. FLAGSTAR BANK, FSB, ROBERT STOUDEMIRE, PLM LENDER SERVICES, INC., FEDERAL NATIONAL MORTGAGE ASSOCIATION [FANNIE MAE], MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, ____Defendants. : : : : : : : : : : : :

CIVIL CASE NO. COMPLAINT TO QUIET TITLE :

Amount demanded exceeds $25,000.00

Comes now, Bruno and Annie Vidal, Plaintiffs [hereinafter Plaintiffs] 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 to 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. PARTIES TO THE ACTION: 1.Plaintiffs: BRUNO & ANNIE VIDAL, Husband and Wife, (hereinafter Plaintiffs) are, and were at all times mentioned herein, the legally registered owners of 12114 El Oro Way, Granada Hills, CA COMPLAINT TO QUIET TITLE Page 1

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91334, located in Los Angeles County; which is their permanent residence. Plaintiffs have been employed in Construction since 1992. 2. Defendant, FLAGSTAR BANK, is a Federally Chartered Savings Bank, and the original lender on Record of Plaintiffs aforesaid property, whose current address is 5151 Corporate drive, Troy, MI 48098-2639. 3.Defendant: PLM LENDER SERVICES, INC., is and was at all times stated herein a loan service provider whose current registered address is P.O. Box 24665, West Palm Beach, FL 33416-4665. 4. Defendant: ROBERT STOUDEMIRE is and was at all times stated herein a Vice President of Flagstar whose current address is 5151 Corporate drive, Troy, MI 48098-2639. 5. Defendant: FEDERAL NATIONAL MORTGAGE ASSOCIATION [FANNIE MAE] is a government sponsored enterprise authorized to purchase residential mortgage loans. Current Corporate address is 3900 Wisconsin Ave., NW, Washington, D.C. 6. Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC, [MERS] is a corporation set up to track mortgages as they're traded by investors in mortgage-backed securities. It's a system set up to let banks skip the process of paying recurring filing fees at county courthouses each time a mortgage was bought or sold. MERS is a Delaware Corporation with Corporate office at 1818 Library Street, Suite 300, Reston, VA 20190 STATEMENT OF FACTS: 7. Bruno and Annie Vidal are the registered Trustor/owners of 12114 El Oro Way, Granada Hills, CA 91334. UNSIGNED DEED OF TRUST. 8. On or about November 27, 2007, Plaintiffs submitted a Uniform Residential Loan Application to Citywide Mortgage Corporation.

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9. On or about December 13, 2007, Plaintiffs were granted a Mortgage Loan memorialized in a Deed of Trust with FLAGSTAR BANK, FSB [lender] wherein Plaintiffs are the Borrower/Trustors, JOAN H. ANDERSON is Trustee, and MERS is named Beneficiary [acting solely as nominee for Lender and Lenders successors and assigns]. This Deed of Trust is registered in the Los Angeles County Records Office, Document # 20072737018. 10. On or about September 30, 2009, FLAGSTAR BANK, FSB, signed a HomeSaver Payment Forbearance Agreement and scheduled monthly payments of $1305.21. For approximately nine months Plaintiffs made timely payments. 11. On or about August 09, 2010, FLAGSTAR BANK, FSB, returned Plaintiffs check with instructions to contact your attorney to reinstate your loan. 12. On September 17, 2010, an Assignment of Deed of Trust was recorded wherein the undersigned hereby grants, assigns and transfers to FLAGSTAR BANK, FSB all beneficial interest under the aforesaid Deed of Trust. The undersigned was MERS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR LENDER AND LENDERS SUCCESSORS AND ASSIGNS signed by ROBERT STOUDEMIRE VICE PRESIDENT[All caps in original] for MERS. The date the Assignment was prepared was August 20, 2010; Notarized on August 30, 2010. See Exhibit 13. On September 17, 2010, a Substitution of Trustee was recorded wherein the undersigned. Beneficiary FLAGSTAR BANK, FSB substituted PLM LENDER SERVICES, INC. as Trustee under said Deed of Trust. This document was signed by ROBERT STOUDEMIRE VICE PRESIDENT for Flagstar Bank, FSB. See Exhibit

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14. On September 17, 2010, a Notice of Default was filed [b]y: First American Title, as its Agent [referring to PLM LENDER SERVICES, INC.] signed by CHARLOTTE OLMOS. Said document claimed to have attempted to contact the borrower. See Exhibit 15. Upon receipt of the aforesaid Notice of default Plaintiffs contacted FLAGSTAR BANK, FSB, and requested a Modification Loan. Plaintiffs informed said Bank that they completed an $85,000.00 addition to their home and wanted to keep their home. 16. Plaintiffs immediately applied to FLAGSTAR BANK, FSB for a Modification Loan. 17. On or about February 21, 2011 FLAGSTAR BANK, FSB notified Plaintiffs their Modification was respectfully declined because Request was Incomplete and the Bank was foreclosing. Said Notification closed by stating Please keep in mind that other foreclosure alternatives may be available for you, including but not limited to other modification programs, short sale and/or deed-in-lieu of foreclosure. 18. On or about March 29, 2011, a Substitution of Trustee was recorded by ROBERT STOUDEMIRE, VICE PRESIDENT OF FLAGSTAR BANK, FSB, appointing PLM LENDER SERVICES, INC., as Trustee. The document was prepared on August 20, 2010 and notarized on August 30, 2010.1 19. On or about March 29, 2011, plaintiff also received a copy of Notice of Trustees Sale recorded by PLM LENDER SERVICES, INC., signed by Elizabeth Godbey, Vice President. 20. Plaintiffs immediately re-applied to FLAGSTAR BANK, FSB for an alternative Modification Program and ask for a copy of their Note to seek alternative funding. 21. On or about December 2, 2011, FLAGSTAR BANK, FSB, sent Plaintiffs a Loss Mitigation Form to be completed and a copy of an unsigned Promissory NOTE. Nelda J. Amador, notarized both Assignment of Deed of Trusts recorded on September 17, 2010 and March 29, 2011, respectively, on August 30, 2010; same date she notarized the Substitution of Trustee!?????? COMPLAINT TO QUIET TITLE Page 4
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22. Plaintiff completed said form and submitted same to FLAGSTAR BANK, FSB. 23. On or about January 05, 2012, a second Assignment of Deed of Trust was recorded to FEDERAL NATIONAL MORTGAGE ASSOCIATION [FANNIE MAE] by again ROBERT STOUDEMIRE this time signing as Vice President for FLAGSTAR BANK, FSB. This document was also prepared on August 20, 2010, with the same Notary that signed the first Assignment attesting to the signature on August 30, 2010.2 See Exhibit 24. Plaintiff only wishes to execute his financial obligation by seeking a modification commensurate with appraised tax value of said property. 25. The County of Los Angeles has a fiduciary duty to verify the standing/authority of any party seeking non judicial foreclosure of real estate within the Countys jurisdiction. GENERAL ALLEGATIONS 26. Plaintiff is informed and believes and thereon alleges that, at all times herein mentioned each of the named defendants sued herein was the agent and employee of each of the remaining defendants. Plaintiff alleges that each and every defendant ratified the conduct of each and every other defendant. Plaintiff further alleges that at all times said defendants were acting within the purpose and scope of such agency and employment. 27. Plaintiff further alleges on information and belief that none of these alleged beneficiaries or representatives on the Notice of Default and/or Notice of Trustees Sale can prove that they have the authority to conduct foreclosure. 28. Plaintiff further alleges that the foreclosure sale of the subject property due to false notices and unauthorized parties was not executed in accordance with the requirements of California Civil Code sections 2924, 2923.5 & 2923.6.
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Notwithstanding the exact same dates compare Stoudemires signatures from each document. COMPLAINT TO QUIET TITLE Page 5

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29. Plaintiff alleges that Defendants, and each of them, are engaged in and continue to engage in violations of California law including but not limited to California Civil Code sections 2924, 2923.5 & 2923.6, and unless restrained will continue to engage in such misconduct, and that public benefit necessitates that Defendants be restrained from such conduct in the future. FIRST CAUSE OF ACTION: Illegal Non-judicial Foreclosure. 30. Plaintiff hereby incorporates paragraphs 1 through 29 as though fully set forth herein. 31. Defendant, ROBERT STOUDEMIRE, lacked authority to sign on behalf of MERS as the VICE PRESIDENT to assign to his bank, FLAGSTAR BANK, FSB, all beneficial interest in Plaintiffs property. Inasmuch as the Assignment of Deed of Trust is void, based upon the aforesaid fraudulent signature, the subsequent Substitution of Trustee appointing PLM LENDER SERVICES, INC, by ROBERT STOUDEMIRE as VICE PRESIDENT for FLAGSTAR BANK, FSB, is void as well. Therefore a non judicial foreclosure on Plaintiffs property was executed without lawful authority to do so. There is no valid Substitution of Trustee recorded inasmuch as ROBERT STOUDEMIRE lacks lawful authority to appoint a Substitution of Trustee. There is not one of the named Defendants can produce a valid assignment, appointment, or transfer by the valid Note Holder/Beneficiary and therefore has perpetrated a fraud upon this Honorable Court. SECOND CAUSE OF ACTION: Unlawful Conversion. 32. Plaintiff hereby incorporates paragraphs 1 through 31 as though fully set forth herein. 33. There is no valid Assignment by the Beneficiary of Record or a valid Substitution of Trustee. There is no evidence in record that FLAGSTAR BANK, FSB., is the true Beneficiary and note holder predicated upon the Assignment of Deed of trust recorded on September 17, 2010, by the VICE PRESIDENT of FLAGSTAR BANK, FSB, posing as VICE PRESIDENT OF MERS [notwithstanding that MERS was not licensed to conduct business in California on December 13, 2007]. Without COMPLAINT TO QUIET TITLE Page 6

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verification of a transfer/sale/assignment to FLAGSTAR BANK, FSB, by the last registered Beneficiary/Note holder, MERS, the Substitution of Trustee, Notice of Trustees Sale, and Trustees Deed are null and void. The actions of the named Defendants acting in concert was unlawful conversion of Plaintiffs property. THIRD CAUSE OF ACTION: Fraud 34. Plaintiff hereby incorporates paragraphs 1 through 33 as though fully set forth herein. 35. Count One: Defendant, ROBERT STOUDEMIRE, did knowingly and willingly sign as Vice President of MERS, without the lawful authority to do so, thereby causing a fraudulent Assignment of Deed of trust to be recorded on September 17, 2010, in the Official Records of Los Angeles County to enable the facilitation of the unlawful conversion of Plaintiffs property. 36. Count Two: Defendant, ROBERT STOUDEMIRE, did knowingly and willingly cause a fraudulent Substitution of Trustee to be recorded on September 17, 2010, in the Official Records of Los Angeles County to enable the facilitation of the unlawful conversion of Plaintiffs property. 37. Count Three: Defendant, ROBERT STOUDEMIRE, did knowingly and willingly cause a fraudulent Assignment of Deed of Trust to be recorded on January 05, 2012, in the Official Records of Los Angeles County to enable the facilitation of the unlawful conversion of Plaintiffs property. 38. Count Four: PLM LENDER SERVICES, INC., did attach a Declaration of Compliance to the Notice of Default falsely stating that authorized agent has either contacted the Borrower or tried with due diligence to contact the borrower as required by Cal. Civ. Code 2923.5 FOURTH CAUSE OF ACTION: Promissory Fraud 25. Defendant, FLAGSTAR BANK, FSB, did verbally offer Plaintiff a loan modification for which Plaintiff paid timely on NINE consecutive monthly payments until said Defendant notified Plaintiff he was no longer eligible for arbitrary reasons and was advised they were foreclosing. COMPLAINT TO QUIET TITLE Page 7

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The aforesaid actions by all of the named Defendants was intentional, oppressive, fraudulent and malicious so as to justify an award of punitive damages in an amount sufficient to deter such conduct in the future. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for the following: 1) A Determination and Declaratory judgment that Plaintiff is the rightful holder to the property and that defendants, FLAGSTAR BANK, FSB, MERS, PLM LENDER SERVICING, INC., FEDERAL NATIONAL MORTGAGE ASSOCIATION, their assigns, agents, or representatives have no estate, right, title or interest in 12114 El Oro Way, Los Angeles, CA 91334; APN# 2606-002-009. 2) A Judgment forever enjoining said defendants, FLAGSTAR BANK, FSB, MERS, PLM LENDER SERVICING, INC., FEDERAL NATIONAL MORTGAGE ASSOCIATION, their assigns, agents, or representatives from claiming estate, right, title or interest in 12114 El Oro Way, Los Angeles, CA 91334; APN# 2606-002-009.

3) Void, the Substitution of Trustee, Notice of Trustees Sale, and Trustees Deed from the Official Court Record of 12114 El Oro Way, Los Angeles, CA 91334; APN# 2606-002-009.

4) Punitive award in the amount to be determined at trial. 4) Costs of the instant suit. 5) Any other equitable relief deemed appropriate by this Honorable Court. DATE: January 31, 2012 Respectfully submitted,

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________________________________________ Bruno Vidal

________________________________________ Annie Vidal

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Bruno & Annie Vidal 12114 El Oro Way Los Angeles, CA 91334 Pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY - CIVIL DIVISION

BRUNO VIDAL, ANNIE VIDAL, Plaintiffs, vs. FLAGSTAR BANK, FSB ROBERT STOUDEMIRE, PLM LENDER SERVICES, INC., FEDERAL NATIONAL MORTGAGE ASSOCIATION [FANNIE MAE], MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, ____Defendants.

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CIVIL CASE NO. COMPLAINT IN QUIET TILE ACTION

VERIFICATION

VERIFICATION I, Bruno & Annie Vidal, 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: _______________________________ Bruno Vidal _______________________________ Annie Vidal

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