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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WILLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENTER
DAVID J STEEVES ) Case No 30-2016-00848169-CU-BC-CJC )
Plaintiff ) OPPOSITION BY DEFENDANT TO ) MOTION FOR CONSOLIDATION BY
v ) PLAINTIFF MEMORANDUM OF ) POINTS AND AUTHORITIES AND
SEAN WILLIS ) DECLARATION IN SUPPORT THEREOF )
Defendant ) Date May 22016 ) Time 130 AM
Dept C22
Assigned to Deborah Servino Judge
TO ALL INTERESTED PARTIES AND THEIR ATTORNEY OF RECORD IF ANY
Defendant SEAN WILLIS hereby submits the foregoing opposition to Plaintiff DAVID J
STEEVES Motion for Consolidation of Defendants Unlawful Detainer Action filed as case no 30shy
2016-00842224-CL-UD-NJC on March 222016 at the North Justice Center with Plaintiffs Civil
Action against Defendant herein for Specific Performance Constructive Trust Breach of Fiduciary
Duty Accounting and Quiet Title filed at the Central Justice Center as case no 30-20 16-00848169-CUshy
BC-CJC on April 22 2016
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OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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1bis opposition will be based upon the attached Memorandum of Points and Authorities
declaration in support thereof the pleadings papers and records on file in this action and Request for
Judicial Notice filed by Defendant and upon such oral and documentary evidence as may be presented
at the hearing of this opposition
Dated May 12016 By ~1RJIifL
Attorney for Defendant Sean Willis
Page 2
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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MEMORANDUM OF POINTS AND AUTHORITIES
BACKGROUND
On or about March 19 2010 Defendant and Plaintiff entered into a three (3) year written
Residential Lease for the real property located at 4613 Ponderosa Way Yorba Linda CA 92886
commencing for occupancy on May 12010 and tenninating on April 30 2013 providing for rent in
the amount of $500000 per month payable on the first day ofeach month
Pursuant to the tenns of the written Residential Lease (which is attached to the Complaint in
Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises upon tennination
ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than past due Rent )in which
case a month-to-month tenancy shall be created which either party may tenninate as specified in
paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or as allowed by law All other
tenns and conditions of this Agreement shall remain in full force and effect Attached hereto and
marked as Exhibit A is a true and correct copy of the Complaint in Unlawful Detainer which is
incorporated hereat by this reference and which includes the Residential Lease Agreement
At the expiration ofthe Residential Lease Defendant and Plaintiff agreed the new rent amount
would correspond to the amount of debt service for the subject property including but limited to the
principal interest insurance and tax payment
Plaintiff started paying the new rent amount totaling $690314 per month through June 2014
at which time the rent amount changed to $702060 beginning July 12014 and continued through
February 2015 Rent for the months of March April and May 2015 was $705117 respectively
Beginning July 12015 rent was reduced to $703317 which is the current rent in effect Plaintiff was
also required to pay any other expenses associated with the property The rent payments were fairly
consistent with what market rents were at the time for the subject property
In or about October 20 13 Plaintiff expressed an interest in purchase ofthe subject property from
Defendant which Defendant was agreeable provided Plaintiff continued to maintain the debt service for
the subject property as well as any other expenses associated with the subject property payment of
$3000000 to Defendant and for Plaintiff to obtain either a release of liability of Defendant from the
loan to the subject property or to obtain a new loan of Defendants choice but in any event remove
Defendant from any responsibility associated with any loan on or for the subject property at which time
Page 1
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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MEMORANDUM OF POINTS AND AUTHORITIES
Defendant would transfer the property to Plaintiff
Neither Defendant or Plaintiff signed any documents providing for a sale to the subject property
or an option for Plaintiff to purchase the subject property
To this day Defendant is still agreeable to Defendants purchase of the subject property
However Plaintiff would need to tendered the $3000000 to Defendant Plaintiff would also need to
obtain a new loan for the property or obtained a release ofliability ofDefendant from the current lender
(Bank ofAmerica) to the subject property Further Plaintiff is in defaulted in the payment of rent for
March and April 2016 which Plaintiff would need to bring current
In March 20 16 Defendant served Plaintiff with a Three Day Notice to Pay Rent or Quit Within
the prescribed three day period Plaintiff failed to pay the amount stated in the Three Day Notice or
move from the property
As a result of Plaintiff failing to pay the rent due for March 2016 or move from the property
Defendant on March 222016 filed with the court an Unlawful Detainer action seeking possession of
his property
It should also be noted that during 2013 Defendant was seeking a loan modification to the loan
on the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
2013000136648
Upon Defendant notifying his lender of the wrongful foreclosure the lender caused to be
recorded on April 18 2013 a Notice of Rescission of the Trustees Deed Upon Sale recorded as
Instrument No 2013000230543 A true and correct copy of which is attached hereto and marked as
Exhibit C and which is incorporated hereat by this reference
Paragraph 5 of the Notice of Rescission document states That the Trustee has been informed
by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the
foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
Paragraph 6 of the Notice of Rescission documents states That the Express Purpose of this
Page 2
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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MEMORANDUM OF POINTS AND AUTHORITIES
Notice ofRescission is to return the priority and existence ofall title and lienholders to the status quo-
ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and Plaintiff
Vested ownership to the subject property is with Sean D Willis Defendant in this action since
December 142004 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant
Deed to the subject property recorded as Instrument No 2004001111269 and which is incorporated
hereat by this reference
It appears that Plaintiff still desires to purchase the subject property from Defendant but has
failed to maintain the rent payment or payment of$3000000 to Defendant or obtain a new loanto the
subject property or to obtain a release ofliability ofDefendant to the loan to the subject property Thus
the property remains vested to Defendant
III
III
III
Page 3
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 ofthe Code of Civil Procedure (filing ofan Answer) trial of the proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Plaintiff herein filed an Answer as defendant to the unlawful detainer action of
8 Sean Willis as plaintiff in that action with the Clerk ofthe Court on or about April 4 2016 Defendant
9 herein filed a Request to Set Case for Trial on or about April 22 2016
Therefore trial on the eviction matter filed by Sean Willis must be heard within 20 days from
11 April 22 2016 or no later than May 162016
12 II
13 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
14 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
16 is not always appropriate We do not hold that trial courts must in all cases grant application for
17 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
18 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
19 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
21 opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
22 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
23 In this matter Plaintiff has already conducted discovery in the unlawful detainer matter
24 demanding documents and also the deposition of Defendant which took place on April 8 2016
Therefore this matter is ready for trial and the court is able to hear the defense ofPlaintiff herein
26 Therefore the court should deny Plaintiffs motion for consolidation
27 B Plaintiff Shall be Ordered to Pay into Court Iftrial is not held within the time specified
28 in this section (20 Days) the court upon finding that there is a reasonable probability that the Defendant
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OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
herein will prevail in his unlawful detainer action as plaintiff therein the court shall detennine the
amount of damages if any to be suffered by the Plaintiff to the unlawful detainer action (Defendant
herein) by reason ofthe extension and shall issue an order requiring the Plaintiff herein (Defendant in
the unlawful detainer action) to pay that amount into court as the rent would have otherwise become due
and payable or into an escrow designated by the court for so long as the Plaintiff herein remains in
possession of Sean Willis real property pending the tennination ofthe action The determination of
the amount of the payment shall be based on the plaintiffs verified statement to the unlawful detainer
complaint of the contract rent for rental payment any verified objection thereto filed by the Plaintiff
herein and the oral or demonstrative evidence presented at the hearing The courts detennination of
the amount ofdamages shall include consideration ofany evidence presented by the parties embracing
the issue ofdiminution ofvalue or any set off permitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation of the unlawful detainer actions with the civil action of Plaintiff herein
Defendant herein requests the court Order the tenant David J Steeves pay into court each month until
completion of the matter the amount of the rent payment ($703317) so that Defendant herein will not
be prejudiced by the delay in the proceeding as there is a strong likelihood that Defendant herein will
prevail at trial as Defendant herein is the vested owner to the subject property Plaintiff lacks a writing
that would support a purchase agreement or option agreement and Plaintiff has further failed to pay
Defendant $3000000 and has also failed to remove Defendants name from the loan on the property
or alternatively has failed to obtain a replacement loan for the subject property
C If Plaintiff Fails to Make Payment into Court If the Plaintiff herein fails to make a
payment ordered by the court trial of the unlawful detainer action shall be held within 15 days of the
date payment was due [CCP sect11705(d)]
As a safeguard to prevent abuse by the tenant Plaintiff herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the Plaintiff herein default in said payment as provided by CCP sect11705(d)
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OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage of another except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority of the agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller of real estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by itstenns is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section acontract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
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OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
name of Plaintiff herein As a result of the lack of the meeting of the minds title remains with
Defendant herein Further Defendant herein is without the ability to sign anything in writing unless it
specifically provides that Defendant herein is released ofall liability with the lender who currently holds
the financing to the subject property Alternatively Plaintiff could produce his own loan and the current
loan is removed from the property thereby removing liability of Sean Willis for said loan
Since there is no meeting of the minds and no writing subscribed by both Defendant and
Plaintiff there is no agreement Defendants payment of the loan on the property is consistent with his
rental obligation to Defendant herein Plaintiff herein pays his rent payment directly to the lender at the
request ofPlaintiff herein and with the permission of Defendant herein Nonetheless it is still a rent
payment
IV
CONCLUSION
Eviction matters must be brought to trial within 20 days of when the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matters and to fashion alternatives to
consolidation such as payment into court by Plaintiff herein the damages (rent) the Defendant herein
may suffer
Should the court consider a delay in the eviction matter Defendant herein requested the Court
to Order Plaintiff herein to pay into court the rent money each month ($703317) while the matter is
delayed
Ifthe Plaintiff herein fails to deposit the money into the court that trial on the unlawful detainer
matter be held within 15 days from the date the rent was due
The court is requested to consider the statute offrauds and the likelihood that Defendant herein
will prevail in this matter
The unlawful detainer matter has been set for trial for May 52016 and with Plaintiff herein
having already conducted discovery including the deposition of Sean Willis the court is requested to
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OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
deny any motion for consolidation and let the unlawful detainer matter go to triaL
Therefore the court is requested to deny Plaintiffs motion for consolidation
Respectfully submitted Dated May 1 2016
By ~amp~r Attorney for Defendant
Sean Willis
Page 8
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
Page 9
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAlNTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
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OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
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t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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1bis opposition will be based upon the attached Memorandum of Points and Authorities
declaration in support thereof the pleadings papers and records on file in this action and Request for
Judicial Notice filed by Defendant and upon such oral and documentary evidence as may be presented
at the hearing of this opposition
Dated May 12016 By ~1RJIifL
Attorney for Defendant Sean Willis
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MEMORANDUM OF POINTS AND AUTHORITIES
BACKGROUND
On or about March 19 2010 Defendant and Plaintiff entered into a three (3) year written
Residential Lease for the real property located at 4613 Ponderosa Way Yorba Linda CA 92886
commencing for occupancy on May 12010 and tenninating on April 30 2013 providing for rent in
the amount of $500000 per month payable on the first day ofeach month
Pursuant to the tenns of the written Residential Lease (which is attached to the Complaint in
Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises upon tennination
ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than past due Rent )in which
case a month-to-month tenancy shall be created which either party may tenninate as specified in
paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or as allowed by law All other
tenns and conditions of this Agreement shall remain in full force and effect Attached hereto and
marked as Exhibit A is a true and correct copy of the Complaint in Unlawful Detainer which is
incorporated hereat by this reference and which includes the Residential Lease Agreement
At the expiration ofthe Residential Lease Defendant and Plaintiff agreed the new rent amount
would correspond to the amount of debt service for the subject property including but limited to the
principal interest insurance and tax payment
Plaintiff started paying the new rent amount totaling $690314 per month through June 2014
at which time the rent amount changed to $702060 beginning July 12014 and continued through
February 2015 Rent for the months of March April and May 2015 was $705117 respectively
Beginning July 12015 rent was reduced to $703317 which is the current rent in effect Plaintiff was
also required to pay any other expenses associated with the property The rent payments were fairly
consistent with what market rents were at the time for the subject property
In or about October 20 13 Plaintiff expressed an interest in purchase ofthe subject property from
Defendant which Defendant was agreeable provided Plaintiff continued to maintain the debt service for
the subject property as well as any other expenses associated with the subject property payment of
$3000000 to Defendant and for Plaintiff to obtain either a release of liability of Defendant from the
loan to the subject property or to obtain a new loan of Defendants choice but in any event remove
Defendant from any responsibility associated with any loan on or for the subject property at which time
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MEMORANDUM OF POINTS AND AUTHORITIES
Defendant would transfer the property to Plaintiff
Neither Defendant or Plaintiff signed any documents providing for a sale to the subject property
or an option for Plaintiff to purchase the subject property
To this day Defendant is still agreeable to Defendants purchase of the subject property
However Plaintiff would need to tendered the $3000000 to Defendant Plaintiff would also need to
obtain a new loan for the property or obtained a release ofliability ofDefendant from the current lender
(Bank ofAmerica) to the subject property Further Plaintiff is in defaulted in the payment of rent for
March and April 2016 which Plaintiff would need to bring current
In March 20 16 Defendant served Plaintiff with a Three Day Notice to Pay Rent or Quit Within
the prescribed three day period Plaintiff failed to pay the amount stated in the Three Day Notice or
move from the property
As a result of Plaintiff failing to pay the rent due for March 2016 or move from the property
Defendant on March 222016 filed with the court an Unlawful Detainer action seeking possession of
his property
It should also be noted that during 2013 Defendant was seeking a loan modification to the loan
on the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
2013000136648
Upon Defendant notifying his lender of the wrongful foreclosure the lender caused to be
recorded on April 18 2013 a Notice of Rescission of the Trustees Deed Upon Sale recorded as
Instrument No 2013000230543 A true and correct copy of which is attached hereto and marked as
Exhibit C and which is incorporated hereat by this reference
Paragraph 5 of the Notice of Rescission document states That the Trustee has been informed
by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the
foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
Paragraph 6 of the Notice of Rescission documents states That the Express Purpose of this
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Notice ofRescission is to return the priority and existence ofall title and lienholders to the status quo-
ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and Plaintiff
Vested ownership to the subject property is with Sean D Willis Defendant in this action since
December 142004 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant
Deed to the subject property recorded as Instrument No 2004001111269 and which is incorporated
hereat by this reference
It appears that Plaintiff still desires to purchase the subject property from Defendant but has
failed to maintain the rent payment or payment of$3000000 to Defendant or obtain a new loanto the
subject property or to obtain a release ofliability ofDefendant to the loan to the subject property Thus
the property remains vested to Defendant
III
III
III
Page 3
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POINTS AND AUTHORITIES
1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 ofthe Code of Civil Procedure (filing ofan Answer) trial of the proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Plaintiff herein filed an Answer as defendant to the unlawful detainer action of
8 Sean Willis as plaintiff in that action with the Clerk ofthe Court on or about April 4 2016 Defendant
9 herein filed a Request to Set Case for Trial on or about April 22 2016
Therefore trial on the eviction matter filed by Sean Willis must be heard within 20 days from
11 April 22 2016 or no later than May 162016
12 II
13 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
14 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
16 is not always appropriate We do not hold that trial courts must in all cases grant application for
17 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
18 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
19 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
21 opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
22 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
23 In this matter Plaintiff has already conducted discovery in the unlawful detainer matter
24 demanding documents and also the deposition of Defendant which took place on April 8 2016
Therefore this matter is ready for trial and the court is able to hear the defense ofPlaintiff herein
26 Therefore the court should deny Plaintiffs motion for consolidation
27 B Plaintiff Shall be Ordered to Pay into Court Iftrial is not held within the time specified
28 in this section (20 Days) the court upon finding that there is a reasonable probability that the Defendant
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herein will prevail in his unlawful detainer action as plaintiff therein the court shall detennine the
amount of damages if any to be suffered by the Plaintiff to the unlawful detainer action (Defendant
herein) by reason ofthe extension and shall issue an order requiring the Plaintiff herein (Defendant in
the unlawful detainer action) to pay that amount into court as the rent would have otherwise become due
and payable or into an escrow designated by the court for so long as the Plaintiff herein remains in
possession of Sean Willis real property pending the tennination ofthe action The determination of
the amount of the payment shall be based on the plaintiffs verified statement to the unlawful detainer
complaint of the contract rent for rental payment any verified objection thereto filed by the Plaintiff
herein and the oral or demonstrative evidence presented at the hearing The courts detennination of
the amount ofdamages shall include consideration ofany evidence presented by the parties embracing
the issue ofdiminution ofvalue or any set off permitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation of the unlawful detainer actions with the civil action of Plaintiff herein
Defendant herein requests the court Order the tenant David J Steeves pay into court each month until
completion of the matter the amount of the rent payment ($703317) so that Defendant herein will not
be prejudiced by the delay in the proceeding as there is a strong likelihood that Defendant herein will
prevail at trial as Defendant herein is the vested owner to the subject property Plaintiff lacks a writing
that would support a purchase agreement or option agreement and Plaintiff has further failed to pay
Defendant $3000000 and has also failed to remove Defendants name from the loan on the property
or alternatively has failed to obtain a replacement loan for the subject property
C If Plaintiff Fails to Make Payment into Court If the Plaintiff herein fails to make a
payment ordered by the court trial of the unlawful detainer action shall be held within 15 days of the
date payment was due [CCP sect11705(d)]
As a safeguard to prevent abuse by the tenant Plaintiff herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the Plaintiff herein default in said payment as provided by CCP sect11705(d)
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III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage of another except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority of the agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller of real estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by itstenns is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section acontract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
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of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
name of Plaintiff herein As a result of the lack of the meeting of the minds title remains with
Defendant herein Further Defendant herein is without the ability to sign anything in writing unless it
specifically provides that Defendant herein is released ofall liability with the lender who currently holds
the financing to the subject property Alternatively Plaintiff could produce his own loan and the current
loan is removed from the property thereby removing liability of Sean Willis for said loan
Since there is no meeting of the minds and no writing subscribed by both Defendant and
Plaintiff there is no agreement Defendants payment of the loan on the property is consistent with his
rental obligation to Defendant herein Plaintiff herein pays his rent payment directly to the lender at the
request ofPlaintiff herein and with the permission of Defendant herein Nonetheless it is still a rent
payment
IV
CONCLUSION
Eviction matters must be brought to trial within 20 days of when the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matters and to fashion alternatives to
consolidation such as payment into court by Plaintiff herein the damages (rent) the Defendant herein
may suffer
Should the court consider a delay in the eviction matter Defendant herein requested the Court
to Order Plaintiff herein to pay into court the rent money each month ($703317) while the matter is
delayed
Ifthe Plaintiff herein fails to deposit the money into the court that trial on the unlawful detainer
matter be held within 15 days from the date the rent was due
The court is requested to consider the statute offrauds and the likelihood that Defendant herein
will prevail in this matter
The unlawful detainer matter has been set for trial for May 52016 and with Plaintiff herein
having already conducted discovery including the deposition of Sean Willis the court is requested to
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deny any motion for consolidation and let the unlawful detainer matter go to triaL
Therefore the court is requested to deny Plaintiffs motion for consolidation
Respectfully submitted Dated May 1 2016
By ~amp~r Attorney for Defendant
Sean Willis
Page 8
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
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t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
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Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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MEMORANDUM OF POINTS AND AUTHORITIES
BACKGROUND
On or about March 19 2010 Defendant and Plaintiff entered into a three (3) year written
Residential Lease for the real property located at 4613 Ponderosa Way Yorba Linda CA 92886
commencing for occupancy on May 12010 and tenninating on April 30 2013 providing for rent in
the amount of $500000 per month payable on the first day ofeach month
Pursuant to the tenns of the written Residential Lease (which is attached to the Complaint in
Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises upon tennination
ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than past due Rent )in which
case a month-to-month tenancy shall be created which either party may tenninate as specified in
paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or as allowed by law All other
tenns and conditions of this Agreement shall remain in full force and effect Attached hereto and
marked as Exhibit A is a true and correct copy of the Complaint in Unlawful Detainer which is
incorporated hereat by this reference and which includes the Residential Lease Agreement
At the expiration ofthe Residential Lease Defendant and Plaintiff agreed the new rent amount
would correspond to the amount of debt service for the subject property including but limited to the
principal interest insurance and tax payment
Plaintiff started paying the new rent amount totaling $690314 per month through June 2014
at which time the rent amount changed to $702060 beginning July 12014 and continued through
February 2015 Rent for the months of March April and May 2015 was $705117 respectively
Beginning July 12015 rent was reduced to $703317 which is the current rent in effect Plaintiff was
also required to pay any other expenses associated with the property The rent payments were fairly
consistent with what market rents were at the time for the subject property
In or about October 20 13 Plaintiff expressed an interest in purchase ofthe subject property from
Defendant which Defendant was agreeable provided Plaintiff continued to maintain the debt service for
the subject property as well as any other expenses associated with the subject property payment of
$3000000 to Defendant and for Plaintiff to obtain either a release of liability of Defendant from the
loan to the subject property or to obtain a new loan of Defendants choice but in any event remove
Defendant from any responsibility associated with any loan on or for the subject property at which time
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Defendant would transfer the property to Plaintiff
Neither Defendant or Plaintiff signed any documents providing for a sale to the subject property
or an option for Plaintiff to purchase the subject property
To this day Defendant is still agreeable to Defendants purchase of the subject property
However Plaintiff would need to tendered the $3000000 to Defendant Plaintiff would also need to
obtain a new loan for the property or obtained a release ofliability ofDefendant from the current lender
(Bank ofAmerica) to the subject property Further Plaintiff is in defaulted in the payment of rent for
March and April 2016 which Plaintiff would need to bring current
In March 20 16 Defendant served Plaintiff with a Three Day Notice to Pay Rent or Quit Within
the prescribed three day period Plaintiff failed to pay the amount stated in the Three Day Notice or
move from the property
As a result of Plaintiff failing to pay the rent due for March 2016 or move from the property
Defendant on March 222016 filed with the court an Unlawful Detainer action seeking possession of
his property
It should also be noted that during 2013 Defendant was seeking a loan modification to the loan
on the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
2013000136648
Upon Defendant notifying his lender of the wrongful foreclosure the lender caused to be
recorded on April 18 2013 a Notice of Rescission of the Trustees Deed Upon Sale recorded as
Instrument No 2013000230543 A true and correct copy of which is attached hereto and marked as
Exhibit C and which is incorporated hereat by this reference
Paragraph 5 of the Notice of Rescission document states That the Trustee has been informed
by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the
foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
Paragraph 6 of the Notice of Rescission documents states That the Express Purpose of this
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Notice ofRescission is to return the priority and existence ofall title and lienholders to the status quo-
ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and Plaintiff
Vested ownership to the subject property is with Sean D Willis Defendant in this action since
December 142004 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant
Deed to the subject property recorded as Instrument No 2004001111269 and which is incorporated
hereat by this reference
It appears that Plaintiff still desires to purchase the subject property from Defendant but has
failed to maintain the rent payment or payment of$3000000 to Defendant or obtain a new loanto the
subject property or to obtain a release ofliability ofDefendant to the loan to the subject property Thus
the property remains vested to Defendant
III
III
III
Page 3
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POINTS AND AUTHORITIES
1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 ofthe Code of Civil Procedure (filing ofan Answer) trial of the proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Plaintiff herein filed an Answer as defendant to the unlawful detainer action of
8 Sean Willis as plaintiff in that action with the Clerk ofthe Court on or about April 4 2016 Defendant
9 herein filed a Request to Set Case for Trial on or about April 22 2016
Therefore trial on the eviction matter filed by Sean Willis must be heard within 20 days from
11 April 22 2016 or no later than May 162016
12 II
13 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
14 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
16 is not always appropriate We do not hold that trial courts must in all cases grant application for
17 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
18 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
19 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
21 opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
22 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
23 In this matter Plaintiff has already conducted discovery in the unlawful detainer matter
24 demanding documents and also the deposition of Defendant which took place on April 8 2016
Therefore this matter is ready for trial and the court is able to hear the defense ofPlaintiff herein
26 Therefore the court should deny Plaintiffs motion for consolidation
27 B Plaintiff Shall be Ordered to Pay into Court Iftrial is not held within the time specified
28 in this section (20 Days) the court upon finding that there is a reasonable probability that the Defendant
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herein will prevail in his unlawful detainer action as plaintiff therein the court shall detennine the
amount of damages if any to be suffered by the Plaintiff to the unlawful detainer action (Defendant
herein) by reason ofthe extension and shall issue an order requiring the Plaintiff herein (Defendant in
the unlawful detainer action) to pay that amount into court as the rent would have otherwise become due
and payable or into an escrow designated by the court for so long as the Plaintiff herein remains in
possession of Sean Willis real property pending the tennination ofthe action The determination of
the amount of the payment shall be based on the plaintiffs verified statement to the unlawful detainer
complaint of the contract rent for rental payment any verified objection thereto filed by the Plaintiff
herein and the oral or demonstrative evidence presented at the hearing The courts detennination of
the amount ofdamages shall include consideration ofany evidence presented by the parties embracing
the issue ofdiminution ofvalue or any set off permitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation of the unlawful detainer actions with the civil action of Plaintiff herein
Defendant herein requests the court Order the tenant David J Steeves pay into court each month until
completion of the matter the amount of the rent payment ($703317) so that Defendant herein will not
be prejudiced by the delay in the proceeding as there is a strong likelihood that Defendant herein will
prevail at trial as Defendant herein is the vested owner to the subject property Plaintiff lacks a writing
that would support a purchase agreement or option agreement and Plaintiff has further failed to pay
Defendant $3000000 and has also failed to remove Defendants name from the loan on the property
or alternatively has failed to obtain a replacement loan for the subject property
C If Plaintiff Fails to Make Payment into Court If the Plaintiff herein fails to make a
payment ordered by the court trial of the unlawful detainer action shall be held within 15 days of the
date payment was due [CCP sect11705(d)]
As a safeguard to prevent abuse by the tenant Plaintiff herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the Plaintiff herein default in said payment as provided by CCP sect11705(d)
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III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage of another except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority of the agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller of real estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by itstenns is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section acontract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
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of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
name of Plaintiff herein As a result of the lack of the meeting of the minds title remains with
Defendant herein Further Defendant herein is without the ability to sign anything in writing unless it
specifically provides that Defendant herein is released ofall liability with the lender who currently holds
the financing to the subject property Alternatively Plaintiff could produce his own loan and the current
loan is removed from the property thereby removing liability of Sean Willis for said loan
Since there is no meeting of the minds and no writing subscribed by both Defendant and
Plaintiff there is no agreement Defendants payment of the loan on the property is consistent with his
rental obligation to Defendant herein Plaintiff herein pays his rent payment directly to the lender at the
request ofPlaintiff herein and with the permission of Defendant herein Nonetheless it is still a rent
payment
IV
CONCLUSION
Eviction matters must be brought to trial within 20 days of when the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matters and to fashion alternatives to
consolidation such as payment into court by Plaintiff herein the damages (rent) the Defendant herein
may suffer
Should the court consider a delay in the eviction matter Defendant herein requested the Court
to Order Plaintiff herein to pay into court the rent money each month ($703317) while the matter is
delayed
Ifthe Plaintiff herein fails to deposit the money into the court that trial on the unlawful detainer
matter be held within 15 days from the date the rent was due
The court is requested to consider the statute offrauds and the likelihood that Defendant herein
will prevail in this matter
The unlawful detainer matter has been set for trial for May 52016 and with Plaintiff herein
having already conducted discovery including the deposition of Sean Willis the court is requested to
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deny any motion for consolidation and let the unlawful detainer matter go to triaL
Therefore the court is requested to deny Plaintiffs motion for consolidation
Respectfully submitted Dated May 1 2016
By ~amp~r Attorney for Defendant
Sean Willis
Page 8
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
Page 9
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAlNTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
Page 10
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
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t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
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Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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Defendant would transfer the property to Plaintiff
Neither Defendant or Plaintiff signed any documents providing for a sale to the subject property
or an option for Plaintiff to purchase the subject property
To this day Defendant is still agreeable to Defendants purchase of the subject property
However Plaintiff would need to tendered the $3000000 to Defendant Plaintiff would also need to
obtain a new loan for the property or obtained a release ofliability ofDefendant from the current lender
(Bank ofAmerica) to the subject property Further Plaintiff is in defaulted in the payment of rent for
March and April 2016 which Plaintiff would need to bring current
In March 20 16 Defendant served Plaintiff with a Three Day Notice to Pay Rent or Quit Within
the prescribed three day period Plaintiff failed to pay the amount stated in the Three Day Notice or
move from the property
As a result of Plaintiff failing to pay the rent due for March 2016 or move from the property
Defendant on March 222016 filed with the court an Unlawful Detainer action seeking possession of
his property
It should also be noted that during 2013 Defendant was seeking a loan modification to the loan
on the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
2013000136648
Upon Defendant notifying his lender of the wrongful foreclosure the lender caused to be
recorded on April 18 2013 a Notice of Rescission of the Trustees Deed Upon Sale recorded as
Instrument No 2013000230543 A true and correct copy of which is attached hereto and marked as
Exhibit C and which is incorporated hereat by this reference
Paragraph 5 of the Notice of Rescission document states That the Trustee has been informed
by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the
foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
Paragraph 6 of the Notice of Rescission documents states That the Express Purpose of this
Page 2
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Notice ofRescission is to return the priority and existence ofall title and lienholders to the status quo-
ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and Plaintiff
Vested ownership to the subject property is with Sean D Willis Defendant in this action since
December 142004 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant
Deed to the subject property recorded as Instrument No 2004001111269 and which is incorporated
hereat by this reference
It appears that Plaintiff still desires to purchase the subject property from Defendant but has
failed to maintain the rent payment or payment of$3000000 to Defendant or obtain a new loanto the
subject property or to obtain a release ofliability ofDefendant to the loan to the subject property Thus
the property remains vested to Defendant
III
III
III
Page 3
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1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 ofthe Code of Civil Procedure (filing ofan Answer) trial of the proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Plaintiff herein filed an Answer as defendant to the unlawful detainer action of
8 Sean Willis as plaintiff in that action with the Clerk ofthe Court on or about April 4 2016 Defendant
9 herein filed a Request to Set Case for Trial on or about April 22 2016
Therefore trial on the eviction matter filed by Sean Willis must be heard within 20 days from
11 April 22 2016 or no later than May 162016
12 II
13 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
14 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
16 is not always appropriate We do not hold that trial courts must in all cases grant application for
17 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
18 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
19 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
21 opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
22 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
23 In this matter Plaintiff has already conducted discovery in the unlawful detainer matter
24 demanding documents and also the deposition of Defendant which took place on April 8 2016
Therefore this matter is ready for trial and the court is able to hear the defense ofPlaintiff herein
26 Therefore the court should deny Plaintiffs motion for consolidation
27 B Plaintiff Shall be Ordered to Pay into Court Iftrial is not held within the time specified
28 in this section (20 Days) the court upon finding that there is a reasonable probability that the Defendant
Page 4
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herein will prevail in his unlawful detainer action as plaintiff therein the court shall detennine the
amount of damages if any to be suffered by the Plaintiff to the unlawful detainer action (Defendant
herein) by reason ofthe extension and shall issue an order requiring the Plaintiff herein (Defendant in
the unlawful detainer action) to pay that amount into court as the rent would have otherwise become due
and payable or into an escrow designated by the court for so long as the Plaintiff herein remains in
possession of Sean Willis real property pending the tennination ofthe action The determination of
the amount of the payment shall be based on the plaintiffs verified statement to the unlawful detainer
complaint of the contract rent for rental payment any verified objection thereto filed by the Plaintiff
herein and the oral or demonstrative evidence presented at the hearing The courts detennination of
the amount ofdamages shall include consideration ofany evidence presented by the parties embracing
the issue ofdiminution ofvalue or any set off permitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation of the unlawful detainer actions with the civil action of Plaintiff herein
Defendant herein requests the court Order the tenant David J Steeves pay into court each month until
completion of the matter the amount of the rent payment ($703317) so that Defendant herein will not
be prejudiced by the delay in the proceeding as there is a strong likelihood that Defendant herein will
prevail at trial as Defendant herein is the vested owner to the subject property Plaintiff lacks a writing
that would support a purchase agreement or option agreement and Plaintiff has further failed to pay
Defendant $3000000 and has also failed to remove Defendants name from the loan on the property
or alternatively has failed to obtain a replacement loan for the subject property
C If Plaintiff Fails to Make Payment into Court If the Plaintiff herein fails to make a
payment ordered by the court trial of the unlawful detainer action shall be held within 15 days of the
date payment was due [CCP sect11705(d)]
As a safeguard to prevent abuse by the tenant Plaintiff herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the Plaintiff herein default in said payment as provided by CCP sect11705(d)
Page 5
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III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage of another except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority of the agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller of real estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by itstenns is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section acontract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
Page 6
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of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
name of Plaintiff herein As a result of the lack of the meeting of the minds title remains with
Defendant herein Further Defendant herein is without the ability to sign anything in writing unless it
specifically provides that Defendant herein is released ofall liability with the lender who currently holds
the financing to the subject property Alternatively Plaintiff could produce his own loan and the current
loan is removed from the property thereby removing liability of Sean Willis for said loan
Since there is no meeting of the minds and no writing subscribed by both Defendant and
Plaintiff there is no agreement Defendants payment of the loan on the property is consistent with his
rental obligation to Defendant herein Plaintiff herein pays his rent payment directly to the lender at the
request ofPlaintiff herein and with the permission of Defendant herein Nonetheless it is still a rent
payment
IV
CONCLUSION
Eviction matters must be brought to trial within 20 days of when the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matters and to fashion alternatives to
consolidation such as payment into court by Plaintiff herein the damages (rent) the Defendant herein
may suffer
Should the court consider a delay in the eviction matter Defendant herein requested the Court
to Order Plaintiff herein to pay into court the rent money each month ($703317) while the matter is
delayed
Ifthe Plaintiff herein fails to deposit the money into the court that trial on the unlawful detainer
matter be held within 15 days from the date the rent was due
The court is requested to consider the statute offrauds and the likelihood that Defendant herein
will prevail in this matter
The unlawful detainer matter has been set for trial for May 52016 and with Plaintiff herein
having already conducted discovery including the deposition of Sean Willis the court is requested to
Page 7
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
deny any motion for consolidation and let the unlawful detainer matter go to triaL
Therefore the court is requested to deny Plaintiffs motion for consolidation
Respectfully submitted Dated May 1 2016
By ~amp~r Attorney for Defendant
Sean Willis
Page 8
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
Page 9
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAlNTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
Page 10
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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_- _ ______-_______________ -~-- -~---------------------------------~--------------~~~------------------------
p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
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t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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MEMORANDUM OF POINTS AND AUTHORITIES
Notice ofRescission is to return the priority and existence ofall title and lienholders to the status quo-
ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and Plaintiff
Vested ownership to the subject property is with Sean D Willis Defendant in this action since
December 142004 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant
Deed to the subject property recorded as Instrument No 2004001111269 and which is incorporated
hereat by this reference
It appears that Plaintiff still desires to purchase the subject property from Defendant but has
failed to maintain the rent payment or payment of$3000000 to Defendant or obtain a new loanto the
subject property or to obtain a release ofliability ofDefendant to the loan to the subject property Thus
the property remains vested to Defendant
III
III
III
Page 3
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 ofthe Code of Civil Procedure (filing ofan Answer) trial of the proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Plaintiff herein filed an Answer as defendant to the unlawful detainer action of
8 Sean Willis as plaintiff in that action with the Clerk ofthe Court on or about April 4 2016 Defendant
9 herein filed a Request to Set Case for Trial on or about April 22 2016
Therefore trial on the eviction matter filed by Sean Willis must be heard within 20 days from
11 April 22 2016 or no later than May 162016
12 II
13 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
14 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
16 is not always appropriate We do not hold that trial courts must in all cases grant application for
17 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
18 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
19 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
21 opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
22 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
23 In this matter Plaintiff has already conducted discovery in the unlawful detainer matter
24 demanding documents and also the deposition of Defendant which took place on April 8 2016
Therefore this matter is ready for trial and the court is able to hear the defense ofPlaintiff herein
26 Therefore the court should deny Plaintiffs motion for consolidation
27 B Plaintiff Shall be Ordered to Pay into Court Iftrial is not held within the time specified
28 in this section (20 Days) the court upon finding that there is a reasonable probability that the Defendant
Page 4
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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herein will prevail in his unlawful detainer action as plaintiff therein the court shall detennine the
amount of damages if any to be suffered by the Plaintiff to the unlawful detainer action (Defendant
herein) by reason ofthe extension and shall issue an order requiring the Plaintiff herein (Defendant in
the unlawful detainer action) to pay that amount into court as the rent would have otherwise become due
and payable or into an escrow designated by the court for so long as the Plaintiff herein remains in
possession of Sean Willis real property pending the tennination ofthe action The determination of
the amount of the payment shall be based on the plaintiffs verified statement to the unlawful detainer
complaint of the contract rent for rental payment any verified objection thereto filed by the Plaintiff
herein and the oral or demonstrative evidence presented at the hearing The courts detennination of
the amount ofdamages shall include consideration ofany evidence presented by the parties embracing
the issue ofdiminution ofvalue or any set off permitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation of the unlawful detainer actions with the civil action of Plaintiff herein
Defendant herein requests the court Order the tenant David J Steeves pay into court each month until
completion of the matter the amount of the rent payment ($703317) so that Defendant herein will not
be prejudiced by the delay in the proceeding as there is a strong likelihood that Defendant herein will
prevail at trial as Defendant herein is the vested owner to the subject property Plaintiff lacks a writing
that would support a purchase agreement or option agreement and Plaintiff has further failed to pay
Defendant $3000000 and has also failed to remove Defendants name from the loan on the property
or alternatively has failed to obtain a replacement loan for the subject property
C If Plaintiff Fails to Make Payment into Court If the Plaintiff herein fails to make a
payment ordered by the court trial of the unlawful detainer action shall be held within 15 days of the
date payment was due [CCP sect11705(d)]
As a safeguard to prevent abuse by the tenant Plaintiff herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the Plaintiff herein default in said payment as provided by CCP sect11705(d)
Page 5
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage of another except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority of the agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller of real estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by itstenns is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section acontract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
Page 6
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of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
name of Plaintiff herein As a result of the lack of the meeting of the minds title remains with
Defendant herein Further Defendant herein is without the ability to sign anything in writing unless it
specifically provides that Defendant herein is released ofall liability with the lender who currently holds
the financing to the subject property Alternatively Plaintiff could produce his own loan and the current
loan is removed from the property thereby removing liability of Sean Willis for said loan
Since there is no meeting of the minds and no writing subscribed by both Defendant and
Plaintiff there is no agreement Defendants payment of the loan on the property is consistent with his
rental obligation to Defendant herein Plaintiff herein pays his rent payment directly to the lender at the
request ofPlaintiff herein and with the permission of Defendant herein Nonetheless it is still a rent
payment
IV
CONCLUSION
Eviction matters must be brought to trial within 20 days of when the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matters and to fashion alternatives to
consolidation such as payment into court by Plaintiff herein the damages (rent) the Defendant herein
may suffer
Should the court consider a delay in the eviction matter Defendant herein requested the Court
to Order Plaintiff herein to pay into court the rent money each month ($703317) while the matter is
delayed
Ifthe Plaintiff herein fails to deposit the money into the court that trial on the unlawful detainer
matter be held within 15 days from the date the rent was due
The court is requested to consider the statute offrauds and the likelihood that Defendant herein
will prevail in this matter
The unlawful detainer matter has been set for trial for May 52016 and with Plaintiff herein
having already conducted discovery including the deposition of Sean Willis the court is requested to
Page 7
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
deny any motion for consolidation and let the unlawful detainer matter go to triaL
Therefore the court is requested to deny Plaintiffs motion for consolidation
Respectfully submitted Dated May 1 2016
By ~amp~r Attorney for Defendant
Sean Willis
Page 8
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
Page 9
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAlNTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
Page 10
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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_- _ ______-_______________ -~-- -~---------------------------------~--------------~~~------------------------
p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
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t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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POINTS AND AUTHORITIES
1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 ofthe Code of Civil Procedure (filing ofan Answer) trial of the proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Plaintiff herein filed an Answer as defendant to the unlawful detainer action of
8 Sean Willis as plaintiff in that action with the Clerk ofthe Court on or about April 4 2016 Defendant
9 herein filed a Request to Set Case for Trial on or about April 22 2016
Therefore trial on the eviction matter filed by Sean Willis must be heard within 20 days from
11 April 22 2016 or no later than May 162016
12 II
13 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
14 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
16 is not always appropriate We do not hold that trial courts must in all cases grant application for
17 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
18 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
19 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
21 opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
22 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
23 In this matter Plaintiff has already conducted discovery in the unlawful detainer matter
24 demanding documents and also the deposition of Defendant which took place on April 8 2016
Therefore this matter is ready for trial and the court is able to hear the defense ofPlaintiff herein
26 Therefore the court should deny Plaintiffs motion for consolidation
27 B Plaintiff Shall be Ordered to Pay into Court Iftrial is not held within the time specified
28 in this section (20 Days) the court upon finding that there is a reasonable probability that the Defendant
Page 4
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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herein will prevail in his unlawful detainer action as plaintiff therein the court shall detennine the
amount of damages if any to be suffered by the Plaintiff to the unlawful detainer action (Defendant
herein) by reason ofthe extension and shall issue an order requiring the Plaintiff herein (Defendant in
the unlawful detainer action) to pay that amount into court as the rent would have otherwise become due
and payable or into an escrow designated by the court for so long as the Plaintiff herein remains in
possession of Sean Willis real property pending the tennination ofthe action The determination of
the amount of the payment shall be based on the plaintiffs verified statement to the unlawful detainer
complaint of the contract rent for rental payment any verified objection thereto filed by the Plaintiff
herein and the oral or demonstrative evidence presented at the hearing The courts detennination of
the amount ofdamages shall include consideration ofany evidence presented by the parties embracing
the issue ofdiminution ofvalue or any set off permitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation of the unlawful detainer actions with the civil action of Plaintiff herein
Defendant herein requests the court Order the tenant David J Steeves pay into court each month until
completion of the matter the amount of the rent payment ($703317) so that Defendant herein will not
be prejudiced by the delay in the proceeding as there is a strong likelihood that Defendant herein will
prevail at trial as Defendant herein is the vested owner to the subject property Plaintiff lacks a writing
that would support a purchase agreement or option agreement and Plaintiff has further failed to pay
Defendant $3000000 and has also failed to remove Defendants name from the loan on the property
or alternatively has failed to obtain a replacement loan for the subject property
C If Plaintiff Fails to Make Payment into Court If the Plaintiff herein fails to make a
payment ordered by the court trial of the unlawful detainer action shall be held within 15 days of the
date payment was due [CCP sect11705(d)]
As a safeguard to prevent abuse by the tenant Plaintiff herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the Plaintiff herein default in said payment as provided by CCP sect11705(d)
Page 5
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage of another except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority of the agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller of real estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by itstenns is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section acontract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
Page 6
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
name of Plaintiff herein As a result of the lack of the meeting of the minds title remains with
Defendant herein Further Defendant herein is without the ability to sign anything in writing unless it
specifically provides that Defendant herein is released ofall liability with the lender who currently holds
the financing to the subject property Alternatively Plaintiff could produce his own loan and the current
loan is removed from the property thereby removing liability of Sean Willis for said loan
Since there is no meeting of the minds and no writing subscribed by both Defendant and
Plaintiff there is no agreement Defendants payment of the loan on the property is consistent with his
rental obligation to Defendant herein Plaintiff herein pays his rent payment directly to the lender at the
request ofPlaintiff herein and with the permission of Defendant herein Nonetheless it is still a rent
payment
IV
CONCLUSION
Eviction matters must be brought to trial within 20 days of when the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matters and to fashion alternatives to
consolidation such as payment into court by Plaintiff herein the damages (rent) the Defendant herein
may suffer
Should the court consider a delay in the eviction matter Defendant herein requested the Court
to Order Plaintiff herein to pay into court the rent money each month ($703317) while the matter is
delayed
Ifthe Plaintiff herein fails to deposit the money into the court that trial on the unlawful detainer
matter be held within 15 days from the date the rent was due
The court is requested to consider the statute offrauds and the likelihood that Defendant herein
will prevail in this matter
The unlawful detainer matter has been set for trial for May 52016 and with Plaintiff herein
having already conducted discovery including the deposition of Sean Willis the court is requested to
Page 7
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
deny any motion for consolidation and let the unlawful detainer matter go to triaL
Therefore the court is requested to deny Plaintiffs motion for consolidation
Respectfully submitted Dated May 1 2016
By ~amp~r Attorney for Defendant
Sean Willis
Page 8
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
Page 9
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAlNTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
Page 10
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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_- _ ______-_______________ -~-- -~---------------------------------~--------------~~~------------------------
p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
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t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
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Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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herein will prevail in his unlawful detainer action as plaintiff therein the court shall detennine the
amount of damages if any to be suffered by the Plaintiff to the unlawful detainer action (Defendant
herein) by reason ofthe extension and shall issue an order requiring the Plaintiff herein (Defendant in
the unlawful detainer action) to pay that amount into court as the rent would have otherwise become due
and payable or into an escrow designated by the court for so long as the Plaintiff herein remains in
possession of Sean Willis real property pending the tennination ofthe action The determination of
the amount of the payment shall be based on the plaintiffs verified statement to the unlawful detainer
complaint of the contract rent for rental payment any verified objection thereto filed by the Plaintiff
herein and the oral or demonstrative evidence presented at the hearing The courts detennination of
the amount ofdamages shall include consideration ofany evidence presented by the parties embracing
the issue ofdiminution ofvalue or any set off permitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation of the unlawful detainer actions with the civil action of Plaintiff herein
Defendant herein requests the court Order the tenant David J Steeves pay into court each month until
completion of the matter the amount of the rent payment ($703317) so that Defendant herein will not
be prejudiced by the delay in the proceeding as there is a strong likelihood that Defendant herein will
prevail at trial as Defendant herein is the vested owner to the subject property Plaintiff lacks a writing
that would support a purchase agreement or option agreement and Plaintiff has further failed to pay
Defendant $3000000 and has also failed to remove Defendants name from the loan on the property
or alternatively has failed to obtain a replacement loan for the subject property
C If Plaintiff Fails to Make Payment into Court If the Plaintiff herein fails to make a
payment ordered by the court trial of the unlawful detainer action shall be held within 15 days of the
date payment was due [CCP sect11705(d)]
As a safeguard to prevent abuse by the tenant Plaintiff herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the Plaintiff herein default in said payment as provided by CCP sect11705(d)
Page 5
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage of another except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority of the agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller of real estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by itstenns is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section acontract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
Page 6
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
name of Plaintiff herein As a result of the lack of the meeting of the minds title remains with
Defendant herein Further Defendant herein is without the ability to sign anything in writing unless it
specifically provides that Defendant herein is released ofall liability with the lender who currently holds
the financing to the subject property Alternatively Plaintiff could produce his own loan and the current
loan is removed from the property thereby removing liability of Sean Willis for said loan
Since there is no meeting of the minds and no writing subscribed by both Defendant and
Plaintiff there is no agreement Defendants payment of the loan on the property is consistent with his
rental obligation to Defendant herein Plaintiff herein pays his rent payment directly to the lender at the
request ofPlaintiff herein and with the permission of Defendant herein Nonetheless it is still a rent
payment
IV
CONCLUSION
Eviction matters must be brought to trial within 20 days of when the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matters and to fashion alternatives to
consolidation such as payment into court by Plaintiff herein the damages (rent) the Defendant herein
may suffer
Should the court consider a delay in the eviction matter Defendant herein requested the Court
to Order Plaintiff herein to pay into court the rent money each month ($703317) while the matter is
delayed
Ifthe Plaintiff herein fails to deposit the money into the court that trial on the unlawful detainer
matter be held within 15 days from the date the rent was due
The court is requested to consider the statute offrauds and the likelihood that Defendant herein
will prevail in this matter
The unlawful detainer matter has been set for trial for May 52016 and with Plaintiff herein
having already conducted discovery including the deposition of Sean Willis the court is requested to
Page 7
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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deny any motion for consolidation and let the unlawful detainer matter go to triaL
Therefore the court is requested to deny Plaintiffs motion for consolidation
Respectfully submitted Dated May 1 2016
By ~amp~r Attorney for Defendant
Sean Willis
Page 8
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
Page 9
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAlNTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
Page 10
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
5
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
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NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
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t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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POINTS AND AUTHORITIES
III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage of another except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority of the agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller of real estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by itstenns is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section acontract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
Page 6
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
name of Plaintiff herein As a result of the lack of the meeting of the minds title remains with
Defendant herein Further Defendant herein is without the ability to sign anything in writing unless it
specifically provides that Defendant herein is released ofall liability with the lender who currently holds
the financing to the subject property Alternatively Plaintiff could produce his own loan and the current
loan is removed from the property thereby removing liability of Sean Willis for said loan
Since there is no meeting of the minds and no writing subscribed by both Defendant and
Plaintiff there is no agreement Defendants payment of the loan on the property is consistent with his
rental obligation to Defendant herein Plaintiff herein pays his rent payment directly to the lender at the
request ofPlaintiff herein and with the permission of Defendant herein Nonetheless it is still a rent
payment
IV
CONCLUSION
Eviction matters must be brought to trial within 20 days of when the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matters and to fashion alternatives to
consolidation such as payment into court by Plaintiff herein the damages (rent) the Defendant herein
may suffer
Should the court consider a delay in the eviction matter Defendant herein requested the Court
to Order Plaintiff herein to pay into court the rent money each month ($703317) while the matter is
delayed
Ifthe Plaintiff herein fails to deposit the money into the court that trial on the unlawful detainer
matter be held within 15 days from the date the rent was due
The court is requested to consider the statute offrauds and the likelihood that Defendant herein
will prevail in this matter
The unlawful detainer matter has been set for trial for May 52016 and with Plaintiff herein
having already conducted discovery including the deposition of Sean Willis the court is requested to
Page 7
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
deny any motion for consolidation and let the unlawful detainer matter go to triaL
Therefore the court is requested to deny Plaintiffs motion for consolidation
Respectfully submitted Dated May 1 2016
By ~amp~r Attorney for Defendant
Sean Willis
Page 8
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
Page 9
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAlNTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
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OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
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t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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POINTS AND AUTHORITIES
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
name of Plaintiff herein As a result of the lack of the meeting of the minds title remains with
Defendant herein Further Defendant herein is without the ability to sign anything in writing unless it
specifically provides that Defendant herein is released ofall liability with the lender who currently holds
the financing to the subject property Alternatively Plaintiff could produce his own loan and the current
loan is removed from the property thereby removing liability of Sean Willis for said loan
Since there is no meeting of the minds and no writing subscribed by both Defendant and
Plaintiff there is no agreement Defendants payment of the loan on the property is consistent with his
rental obligation to Defendant herein Plaintiff herein pays his rent payment directly to the lender at the
request ofPlaintiff herein and with the permission of Defendant herein Nonetheless it is still a rent
payment
IV
CONCLUSION
Eviction matters must be brought to trial within 20 days of when the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matters and to fashion alternatives to
consolidation such as payment into court by Plaintiff herein the damages (rent) the Defendant herein
may suffer
Should the court consider a delay in the eviction matter Defendant herein requested the Court
to Order Plaintiff herein to pay into court the rent money each month ($703317) while the matter is
delayed
Ifthe Plaintiff herein fails to deposit the money into the court that trial on the unlawful detainer
matter be held within 15 days from the date the rent was due
The court is requested to consider the statute offrauds and the likelihood that Defendant herein
will prevail in this matter
The unlawful detainer matter has been set for trial for May 52016 and with Plaintiff herein
having already conducted discovery including the deposition of Sean Willis the court is requested to
Page 7
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
deny any motion for consolidation and let the unlawful detainer matter go to triaL
Therefore the court is requested to deny Plaintiffs motion for consolidation
Respectfully submitted Dated May 1 2016
By ~amp~r Attorney for Defendant
Sean Willis
Page 8
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
Page 9
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAlNTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
Page 10
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
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t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
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MAIL TAX STATEMENTS AS DIRECTED ABOVE
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POINTS AND AUTHORITIES
deny any motion for consolidation and let the unlawful detainer matter go to triaL
Therefore the court is requested to deny Plaintiffs motion for consolidation
Respectfully submitted Dated May 1 2016
By ~amp~r Attorney for Defendant
Sean Willis
Page 8
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
Page 9
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAlNTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
Page 10
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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DECLARATION OF SEAN WILLIS
1 1 I am the Defendant in the above entitled matter and at all times hereinafter mentioned a
2 resident of the County ofOrange State ofCalifornia Each of the following facts are ofmy personal
3 knowledge with the exception ofthe facts based on information and belief which I believe to be true
4 and if called upon to testifY I could and would competently testifY as follows
2 On or about March 192010 Plaintiff and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May ~201O and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the first day ofeach month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1 and attached hereto as Exhibit A) at paragraph 2B the
11 Tenant shall vacate the Premises upon termination of the Agreement unless (iii) Landlord
12 accepts Rent from Tenant (other than past due Rent)in which case a month-to-month tenancy shall
13 be created which either party may terminate as specified in paragraph 2A Rent shall be at a rate
14 agreed to by Landlord and Tenant or as allowed by law All other terms and conditions of this
Agreement shall remain in full force and effect Attached hereto and marked as Exhibit A is a true
16 and correct copy of the Complaint in Unlawful Detainer which is incorporated hereat by this
17 reference
18 4 At the expiration of the Residential Lease Agreement Plaintiff and I agreed the new rent
19 amount would correspond to the amount ofdebt service for the subject property including but
limited to the principal interest insurance and tax payment
21 5 Plaintiff started paying the new rent amount totaling $690314 per month through June
22 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
23 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
24 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
effect Plaintiff was also required to pay any other expenses associated with the property The rent
26 payments were fairly consistent with what market rents were at the time for the subject property
27 6 In or about October 2013 Plaintiff expressed an interest in purchase of the subject
28 property from me which I was agreeable provided Plaintiff continued to maintain the debt service
Page 9
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAlNTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
Page 10
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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for the subject property as well as any other expenses associated with the subject property payment
1 of $3000000 to me and for Plaintiff to obtain either a release ofliability for me from the loan to the
2 subject property or to obtain a new loan ofPlaintiffs choice but in any event remove me from any
3 responsibility associated with any loan on or for the subject property at which time I would transfer
4 the property to Plaintiff
7 I didnt sign any documents providing for a sale to the subject property or an option for
6 Plaintiff to purchase the subject property as none were presented tome with the conditions I
7 required for the sale of the property to Plaintiff
8 8 To this day I am still agreeable to Plaintiffs purchase ofthe subject property However I
9 would need Plaintiff to tendered the $3000000 to me as well as for Plaintiff to obtained a new loan
for the property or obtained a release of liability from my current lender on the property (Bank of
11 America) Further Plaintiff is in defaulted in the payment of rent for March and April 2016 which I
12 would need Plaintiff to bring current
13 9 With Plaintiff being delinquent in rent and threatening to stay in the property for 6-7
14 months without paying rent I had no choice except to have Plaintiff served on March 17 2016 with
a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Plaintiff failed to
16 pay the amount stated in the Notice or move from the property
17 10 As a result ofPlaintiff failing to pay the rent due for March 2016 or move from the
18 property on March 22 2016 I caused to be filed with the court an Unlawful Detainer action seeking
19 possession ofmy property
11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
21 the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
22 B is a true and correct copy ofthe Trustees Deed recorded on March 62013 as Instrument no
23 2013000136648
24 12 Upon me learning of the Trustees Sale I notified my lender ofthe wrongful foreclosure
and my lender caused to be recorded on April 18 2013 a Notice of Rescission ofthe Trustees Deed
26 Upon Sale which recorded as Instrument No 2013000230543 A true and correct copy of which is
27 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
28 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
Page 10
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
5
10
15
20
25
informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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--~--________~~Mmiddot~____~____________ ____--~Y-______________
_- _ ______-_______________ -~-- -~---------------------------------~--------------~~~------------------------
p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
5
10
15
20
25
informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
1 the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
2 conditions which would have warranted a cancellation of the foreclosure sale which did occur on
3 011282013
4 14 Paragraph 6 of the Notice ofRescission documents states That the Express Purpose of
this Notice of Rescission is to return the priority and existence ofall title and lienholders to the status
6 quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
7 between Plaintiff and me
8 15 Vested ownership to the subject property is in my name since December 142004
9 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
11 reference
12 16 It appears that Plaintiff still desires to purchase the subject property from me but has
13 failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
14 subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
16 17 Plaintiff herein filed his Answer to unlawful detainer complaint with the Court (North
17 Justice Center) on April 4 2016 and trial is set for May 5 2016
18 18 Plaintiffhas also conducted discovery demanding documents which I responded to
19 timely
19 Plaintiff has also taken my deposition which took place on April 8 2016
21 20 This matter is ready for trial in the eviction court and I request the court deny any
22 motion for consolidation which will only delay the eviction matter
23 21 Should the court consider a delay in the eviction matter I request the Court Order
24 Plaintiff to pay rent into the court as this will do away with Plaintiff seeking free rent for the 6-7
months that he threatened me with
26 I declare under penalty ofpeljury under the laws ofthe State of California that the above is
27 true and correct
28 BY_~~7middot~~----~=middot---______ J~
Dated May 1 2016
Page 11
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
5
10
15
20
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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_- _ ______-_______________ -~-- -~---------------------------------~--------------~~~------------------------
p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the
United States and a resident of the County of Orange State of California over the age of 18 years
and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rules of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy
4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rules of Court Rule 2306 and
no error in transmission was reported by the machine I caused the transmitting facsimile machine to
print a transmission record of the transmission a copy of which is attached to this declaration
I declare under penalty ofperjury under the laws of the state of California that the foregoing
is true and correct
Executed on May 1 2016 at Anaheim California
By Denis Hebert
Page 12
OPPOSITION BY DEFENDANT TO MOTION FOR CONSOLIDATION BY PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES~ AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
TRANSMISSION VERIFICATION REPORT
TIME 090120130810PMNAME FAX TEL SER U63089F5N178690
DATETIME 0901 0758PM FAX NONAME 19492636780 DURATION 001227 PAGE(S) 38 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law
i SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Defendant SEAN WllilS
SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENIER
DAVID J STEEVES
Plaintiff
v
SEAN WILLIS
Defendant
~ Case No 30-2016-00848169-CU-BC-CJC
) oPPosmON BY DEFENDANT TO MOTION FOR CONSOLIDATION BY ~ PLAINTIFF MEMORANDUM OF
) POINTS AND AUTHORITIES AND ) DECLARATION IN SUPPORT THEREOF )
Date May 22016 ~ Time 130AM Dept C22
Assigned to Deborah Servino Judge
lQ 10 ALT TNTPRF~TRn PARTrn~ ANn THEIR A1TORNEY OF RFIORD IF ANY=
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
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t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
UD-100 ATTORNEVORPARTYWITHOUTATTORNEY(NameSteteBarllllmbelantI~
Cl from unlawful detainer to general unlimited civil (possession not in issue) Cl from nmlted to unlimited
1 PLAINTIFF (name each) Sean Willis
allegea causes of action against DEFENDANT (name each) David J Steeves
2 a Plaintilf is (1) poundXl an individual over the age of 18 years (2) Cl a publlcageney (3) Cl other (specify)
(4) tl a partnership (5) Cl a corporationmiddot
b Cl ptaintiff has compiled with the fictitious business name laws and is doing business
3 Defendant named above is in possession of the premises located at (street address apt 4613 Ponderosa Way Yorba Linda CA 92886
o from unlawful detainer to general limited civil (possession not in Issue)
under the fictitious name of (spec
no city zip code andcounty)
Cl from unlJmltad to limited
ify)
County ofOrange 4 Plaintiffs interest in the premises is IXI as owner Cl other (specify) 5 The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a 00 or about (date) March 19 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the premises as a tI month-to-month tenaney IXI other tenaney (specify) (2) agreed to pay rentof$ 5~OOOOO payable IXl monthly Cl (3) agreed to pay rent on the 1XJ first of the month Cl other day (specify)
b This IXI wrHten IJ oral agreement was made with (1) IXI plaintiff (2) XI plaintiffs agent
(3) Cl plaintiffs pred(4) Cl other (specify)
NOTE Do not use this form for evictions after sale (Code Civ roc sect 11618)
other3 year lease
ecessor in interest
specifyftequency
Pqe1of3
COP~NT-UNLAWFULDET~ER
Cl ACTION IS RECLASSIFIED by this amended complaint or cross-comp1aint(checIr allapply)
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
I TELEPHONE NO (714) 535-4529 E~LAOORESS (OpIionaIJ
1ATTORNEYFORMImIt~ Plaintiff Sean Willis
ELECTRONICALLY FILED Swperiar Oourt at Califomia
CDunty IiIf Orange
0312212018 at 0540 55 PM Clerk of the Superiar Court
By Beverly L RyanDeputy Clerk1
SUPERIOR COURT OF CALIFORNIA COUNTY OF Orange STREETADDIUS8 1275 N Berkeley Ave
I MAlUNGADDRESS PO Box 5000 CITYANtI ZIP CODE Fullerton CA 92838-0500 I BRANCH NMIE North Justice Center
P1AINTIFF Sean WiJJis
DEFENDANT David J Steeves
IX] DOES 1 TO ]0
COMP~NT-UNLA~ULDETNNE~ (Xl COMPLAINT tl AMENDED COMPLAINT (Amemttitent Num_)
CASE NUMBER
30middot2016middot00842224 C Lmiddot UOmiddot NJ C
Jurisdiction (cIJecIc all that appIy) W AcnON IS A UMITED CIVIL CASE
Amount demanded IXI does not exceed $10_Cl exceeds $10_ but does not exceed $25000
Cl AcnON IS AN UNUilITED CIVIL CASE (amount demanded exceeds $25000)
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
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eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
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Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
PLAINTIFF (Name) Sean Willis ~~
DEFENDANT (Name) David J Steeves
6 c W The defendants not named in item 6a are (1) Cl subtenants (2) Cl assignees (3) W other (specify) Unknown at this time
d Xl The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e W A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2)
7 Xl a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) W 3-day notice to pay rent or quit (4) W 3-day notice to perform covenants or quit (2) Cl 30-day notice to quit (5) Cl 3-day notice to quit (3) Cl 60-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d Xl The notice included an election of forfeiture e W A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment Bc (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant)
B a W The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendanfs Cl residence Cl business AND mailing a copy to defendant at defendanfs place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 31172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 311712016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) Cl (Not for 3-lt1ay notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a jOint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment Bc d Xl Proof of service of the notice in item 7a is attached and labeled Exhibit 3
U[)100 [Rev July 1 20051 COMPLAINT - UNLAWFUL DETAINER Page 2of3
~ IdartilJDltan~
~J EssENJIAI FORMS r~i L
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
------~~--------~--yr~r---------~--~--------------~--_----------------------------_CASE NUMBERPLAINTIFF (Name) Sean Willis
-
DEFENDANT (Name) David J Steeves
CJ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10lXJ At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11XI The fair rental value of the premises IS $ 23444 per day Notice to Perform Covenant or Quit docwnent 12 CJ Defendanfs continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 XI A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city or county title of orcinanpe and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurisdictional limit if any of the court
17 PLAINTIFF REQUESTS a posseSSion of the premises f Xl damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 41112016 for each day that c XI past-due rent of $ 703317 defendants remain in possession through entry of judgment d XI reasonable attorney fees g CJ statutory damages up to $600 for the conduct alleged in item 12 e XI forfeiture of the agreement h Xl other (specify) $70332 pursuant to the Three Day
Notice to Perform Covenant or Quit docwnent
9 CJ Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in aI cases) An unlawful detainer assistant IXl did not Cl did for compensation give advice or assistance with this form (Ifplaintiff has received any help or advice for pay from an unlawful detainer assistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 222016
~ --iililif-7euro -a-K-~pounde~--~--____Denis R Hebert L--iU=middotJ~R----I (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verificauon form if the verification is by an attorney or for a corporauon orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date March 222016
ean Wil1is (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-1oo [Rev July 1 2005] COMPLAINT - UNLAWFUL DETAINER Page 3 of3
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
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TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
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MAIL TAX STATEMENTS AS DIRECTED ABOVE
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EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
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PLACE OF EXCtTIOs _________ DATE _______
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p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
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--~--________~~Mmiddot~____~____________ ____--~Y-______________
_- _ ______-_______________ -~-- -~---------------------------------~--------------~~~------------------------
p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
Hl192eJ~ a9~a2 ljj~13
D~flf28la 1683 7~463a3137
--~--________~~Mmiddot~____~____________ ____--~Y-______________
_- _ ______-_______________ -~-- -~---------------------------------~--------------~~~------------------------
p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
p_ 8118
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
middot~ CALIFORNIA bull ASS OC I AT ION NOTICE OF CHANGE IN TERMS OF TENANCY ~ OF RE ALTO RS reg (CAR FonnCTT Revised 1111)
TO David J Steeves Gabriela Steeves ___ (Tenanf) ___ and any other occupant(s) in possession of the premises located at
(Street Address) 4613 Ponderosa Way ____ (UniUApartment ) _____ (City) Yorba Linda (State) _---poundL_ (Zip Code) 92886 _(Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _______ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ Z-Q3317 _ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ _____ whichever is later)
2 Security deposit shall be increased by $ _____
3 Other
----------------- shy
------------ shy
Landlord_r-==~=__~_=~middot __~_-_-_-_-_-_-_-_-_~~=~_-__ ______~D-at-e-__________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~---~--__----------------------Date ________ David J Steeves
Tenant ~--~~------------------------Dare------------Gabriela Steeves
4 DELIVERY OF NOTiCEPROOF OF SERVICE This Notice was served by _ on _ (date) In the following manner (if mailed a copy was mailed at (Locationraquo A fJ Personal service A copy of the Notice was personally delivered to the above named Tenant _shyB D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C 0 Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of the United states (TItle 17 US Code) forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright copy 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry II is not intended 10 identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSreg who subscribe 10 its Code of Ethics
UPublished and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe California AssOCiation ofREALTORSreg c 525 South Virgil Avenue Los Angeles California 90020
Re~iBMed by ___ Date ==-==_JCTT REVISED 1111 (PAGE 1 OF 1) -_
__ _____N_O_TI_CEOF CHA_NGE INTERM~OF TENANCY (CTTPAGE 1 OF ~ _______I
Creative Brokerage Senti 1333 S Ellclid St Sie D Aaolleim CA 9l8Ol Phone 7145354663 Fax Willis Sean Denis Hebert Produced with zipFormreg by ziplogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwwzjplogixcom
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
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EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
EXHIBIT 2
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
4 ~SL~~I~~~~ NOTICE TO PAY RENT OR QUIT~ OF RE A L TO RS (CAR Fann PRo Revised IIII)
~ [0 David J Steeves (Tenant) and any other oc=cu=pa--n--t(--s----in-po-ss-esslon of the premises located at iiH3POiideriiSaWiiy--shy_ ______________ __ __ (Street Address) ____ (UnitlApartment )
LorbaLinda __________ (City) _CA_ (State) _~2886 (Zip Code) (Premises) Other notice address if different from Premises above __ _ _ _ _____________ _
-------__----------__---___-____--_shyNotice to the above-named person(s) and any other occupants oUhe above-referenced Premises WITHIN 3 (OR 0 (BUT NOT LESS THAN 3) DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to $ean Willis co Df3nis R Hebert Esq ____ (Name) 1l14)270-7~42 (Phone)
______-==-_--=-__ (Addressf between the hours of 900AM middot800PM _ on the following days __ within said three dqperiod __
Past Due Rent $ ___J~03317 for the period _-March 1L~016 to __ April 1 2016 $ for the period to$----___
for the period _ to _________ Total Due $ ___7gt-0=3=31-7
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up posseSSion by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
-Landlord ~ Date tIarch 17 2016 (Owner or Agent) Sean Willis Address ______ City ___ _________ State_CA Zip ___ Telephone (714)270-7342 Fax E-mail _________________
3 DELIVERY OF NOTICEIPROOF~SERVICE ___ This Notice was served by ~ts R U~be1l ____ on_~middot 7 ~ 20 b (date) In the following manner (if maile a copy was rilifed at _~IinA-________ ___ (Locationraquo
A nPersonal service A copy of the Notice was personally delivered to the above named Tenant B LJ Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was ~e Tenant atthe_P~
~ R~ ~amptO 3-(7-1(Signature of person serving Notice) (Date)
__~i)ertsjLHepounde~rT----(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAt ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAl ESTATE BUSINESS SERVICES INC
bull N a subsidiary of the Califomia Association ofREALTORSreg[]c 525 South Virgil Avenue Los AngeleS California 90020
IReviewed by Date ____ EQUAl HOUSING OPPoltTUNrrYPRQ REVISED 1111 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1) Creative Brokerage Serviltls 1333 S Euclid St St D Al1lIbeim CA 12302 Phone 7145354663 Fax WillisSean
Denis Hebert Produced with zl Fol1lreg b zi l ix 18070 Fifteen Mile Roao Fraser Michl an 48026 www l x
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
---------------------
~~ CAL I FOR N I A NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT
(CAR Fonn PCQ Revised 12115)~ OF REALTORSreg
To David J Steeves ___________ ______ (Tenant) _ -ind any other occupant(s in possession of the premises located at 4613 Ponderosa Way _--=-_- shy
_ ___ ____________ (Street Address) ____________ (UnitApartment ) yorba Linda___________________ (City) _CA_ (State) _~2886_ (Zip Code) (Premises)_ Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR [l ______ (BUT NOT LESS THAN 3)) DAYS from service ofthis Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
--------__--shy
-__--shy(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to ______ Sean Willis co Denis R Hebert Esect9__ _______-- (Name) ______ (Phone) at _ 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM -800PM on the following days _ within said day period________ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by ____________________
Total Due $ ___ 70332
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 _(California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr ___ City ~naheim __ State CA _Zip 92802__ _ Telephone (714)270-7342 Fax E-mail ______________
3 DELIVERY OF NOTICEPROOF RF_SERVICE -shyThis Notice was served by tJf1rt Yebetl~~--- on 3 -(1middot2f)I~__ (date) In the following manner (if mailed a copy was mailed at ----bunmL-------------- (Locationraquo
A D Personal service A copy of the Notice was personally delivered to the above named Tenant B [J Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was shy
- mailed to t enant at the Prel1)is ~ bull
iW ~ 3~r1-20lb (Signature of person servin otice) (Date)
(Print Name) (Keep a copy for your records)
copy2015 Califomia Association of REALTORSreg Inc_ THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC_
a subsidiary of the Caifomia Association ofREALTORSreg--- -- shy[]- c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _Date
PCQ REVISED 12115 (PAGE 1 OF 1) -- shy
i an 48026
NOTICE TO PERFORM COVENANT CURE OR QUIT PCQ PAGE 1 OF 1 Phone 7145354663 Fax WiUisSean
WNW ziploojx com
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
SPACE ABOVE mlS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No I J-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER T AXS_-7c0--==-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was S 110250000 The property is in the city ofYORBA LINDA County of ORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
TIlE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A 14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-0A14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed ofTrust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office ofthe County Recorder ofORANGE County
All requirements oflaw regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of tile Notice ofTrustees Sale have been complied with
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in OIIicial Records Orange Coooty Renee Ramimz Assistant C~-Recorder
15 00111111111111111111111 01111111111111111111111111111111111111111111111101 $ ROO 0 5 6 546 1 6 $
2013000136648 800 am 0l06l13 11740G 109 F13 3 000 000 000 000 600 000 000 000
Page 1 of2 CATRSTEEDEED_2012JOO_I0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 1 of3 Created By tammief Printed 4282016 24011 PM PST
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
TS No 110007933
Title Order No 11-0005004
Trustee incompliance with said Notice ofTrustees Sale and in exercise of its power under said Deed ofTrust sold said real property at public auction on 0112812013 Grantee being highest bidder at said sale became the purchaser ofsaid property for the amount bid which amount was S1I0250000
DATE --=JA--_1__2_0_l__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY qt11
State of California Judy Freeman
County of-- ___________---)
JAN 31 706On ________-==before me J8IIUIH_ notary public personally appeared
JUDy FREBMI who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that heshefthciy executed the same in hislherltbeir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s) or the entity upon behalfofwhich the person(s) acted executed the instrument
I certifY under PENAL1Y OF PERJURY under the Jaws ofthe State ofCalifornia that the foregoing paragraph is true and correct
W1TNESSmyhand O~~
S_ 4~~(saI)
Page 2 of2 CATRSTEEDEED_2012100j0l2012
Order Non-Qrder Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXttiBrr e PARE 3 OF-1shy
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
CLTA Guarantee Form No 22 (Revised 09-12()8)
EXHIBIT A
REF NO 2011-7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPs IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 2
NON-EXCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammlef Printed 428201624011 PM PST
13 -PAGEi DE If~T
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
EXHIBITC
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
iANDSAfE IlTlF ~
Recording Requested By RECONTRUST COMPANY NA 1800 Tapo Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Recorded in Official Records Orange County Hugh Nguyen Clerk-Recorder
18 00111111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 217404 N27 F13 4 000 000 000 000 900 000 000 000
TS 11-0007933 TITIE ll-000s004
NOTICE OF RESCISSION of Trusteets Deed Upon Sale
pnrsuant to Civil Code Section 10SSS
(-3This Notice ofRescission is made this ___y_____with respect to the following
I TIIA T RECONTRUST COMPANY NA is duly appointed Trustee Wlder that certain Deed ofTrust dated 0712612006 and recorded 0811112006 as lns1rument No 2006000S39264 wherein SEAN D WILLIS A SINGLE MAN islare named as TrustoJ1s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC is named as Beneficiary 2) lHAT TIlE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR TIlE CERTIFICATEHOLDERSOF CWALTINC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshy1lIROUGH CERTIFICATES SERIES 2()()6()A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrecord Wlder that Deed ofTrust by virtue ofan Assignment ofBeneficial Interest recorded 21312011 as Instnunent No 2011()()()()63084 Book NtA Page NtA 3 lHAT THE DEED OF TRUST encumbers rea) property located in the COWlty ofORANGE State ofCALIFORNIA dcscnDed as fulloWS
SEE EXHIBITA ATTACHED HERETO AND MADE A PART HEREOF
4) lHAT BY VIRTUE OF a default UDder the terms of the Deed ofTrust the Beneficiary did declare a default as set forth in a Notice ofDefault recorded 0210112011 as Instrument No 2011-0000s7346 in the Office ofthe Recorder ORANGE County State ofCALIFORNIA S) lHAT TIlE TRUSTEE bas been infonned by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofconditions which would have warranted a caDCellation ofthe foreclosure sale which did occur OD 0112812013 6) lHAT 1HE EXPRESS PURPOSE ofthis Notice ofRescission is to returD the priority and existence ofall title and lienholders to the status quo-ante as existed prior to the trustees sale
CATDRESClSNBENE_2012 100j0l2012
Order Non-Order Search Doc OR2013 00230543 Page 1 of4 Created By tammief Printed 428201624011 PM PST
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
t
TS No 11-000733
NOW lHEREFORE TIlE UNDERSIGNED HEREBY RESCINDS TIlE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS 1HAT TIlE TRUSTEES DEED UPON SALE DATED January 31 2013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGENA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO THE BANK OF NEW YORK MELLON FKA TIlE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2OO6-OA14 MORTGAGE PASSshyTHROUGH CERTIFICATES SERIES 2006-0AI4 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 07I26l2006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MEuoN FKA THE BANK OF NEWYORKAS TRUSTEE FOR THE CERTIFICATEBOLDERS OF CWALTINc ALTERNATIVE LOAN TRUST 2OIJ6OAl4 MORTGAGE PASS-THROUGH CERnnCATES SERIES 2OIJ6OAl4 BY ITS ALF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
c _______ ______________ A_P_R_l_6_au__~(~toe)
Christina Nuno A8eIsl8nt Vice Pnlsident
State ofCalifornia ) County of Ventura )
On APR 1amp lID before me C HraJMtary public personally appeared
~i ~~~b gJ4 HuM who proved to me on the basis ofsatisfactOIy evidence to be the 5) whose name(s) islare subscribed to the wi1hin instrument and acknowledged to me that helshelthey executed
the same in hislherltheir authorized CIIpIKlity(ies) aDd that by hislherltheir signature(s) on the instrument the per5On(s) or the entity upon behalfofwbich the person(s) acted executed the instrument
I ccrti1Y under PENALTV OF PERJURY under the laws ofthe State ofCalifornia that the foregOing paragraph is IrUe
and correct WITNESS my
Order Non-Drder Search Doc OR2013 00230543 Page 2 of4 Created By tammief Printedi 4282016 24012 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
-CL m teGt VV1 Vi ) -fV0M-BvNAME OF NOTARY
DATE COMMISSION EXPIRES )VLy OL l COUNTY WHERE BOND IS FILED___raquor=---_______
COMMISSION NUMBER V L1 VENDOR NUMBER
I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion of this document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the withbi instrument and acknowledged to me that they executed
the same in their authorized capacity(ies) and that by their signature(s) on the instrument
the person or the entity upon behalf ofwhidl the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCaHfornia that the foregoing paragraph is true and correct
BREAPLACEOF~O_
SIGNATIJRE ~ DATE ~I l -- 1201 2 Cisectae
Created By tammief Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
Branch LSNTJser I~ Comment Station IdSUUP
aTAGuaranIiait Fonn No 22 (RINiIed ()91~)
EXHIBIT A
REF NO 2011-7933
PARCEL 1
LOT ItOF tRACT NO 15730 1t11E em OF YORBA LIiIDA COUNTY OF OIWlGE STAlE OF CMFORNIA AS IHCMN ON lIE SU8DMSION MAP RECORDED DECallEit 11 _ It BOOK _ PAGE825lO 2I1NCUJSNE OF scEUANEOUS IMPS ItlIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCELl
NON-EXCIUSIE fASIMSfIS FOR ACCE881NGRES8 EGRESS USE OF ENJOYIENT DRAINAGE ~SIIPORTIIIIN11HANCEIlEPAIRS AND FOR 0TtIIR PURPOSES ALL AS DESCRIBED It TIE DECLARATION AND 1HE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 114033 AM DocUJIMmt PO 2013136648
Order Non-Qrder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 428201624012 PM PST
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
EXHIBITD EXHIBlTJLpAGE DE ~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
HSC ~)~N ~ fQUT~~~BY nCC)R TilLE OMPANY
RECORDING REQtf~NBRANCH ncorTltIe
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way Yorba Linda CA 92886
Titte Order No 167099-17 Escrow No 300191-BB
Recorded in Official Records Orange County
Tom Daly ClerkmiddotRecorder
II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIII 1111 1111 III 900
2004001111269 0353pm 121404 1198G022
7150071500 000000 aoo 000000000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARES) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
Lot 24 Tract 15730 In the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s) 25 to 28 inclusive of Miscellaneous Maps in the Office of Ihe County Recorder of said County
CON-AM INC A California Corporation
~~ JI David Wojtaszek
Dated November 3 2004 Stale of california
SS County of~npe On No~ ~ I 2004= before me the undersigned a Notary Public in and for said State personally appeared _JDltkIlQQ~rIfVJr1-lWutyen1+Jas_IJIxek04===-_________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nemeses) islare subscribed to the within instrument end acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hishertheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted executed the instrument
~bullbulllI-flll ~ p- I
~~ Wt=ftfe~ hand and official seal -~ 0 middotcmiddot
~_J + - I ~ JA~~ ~~ 0
i~isgAilJemiddot~lt-~~~ middotl~middot j
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created By tammief Printed 4282016 22535 PM PST Order Non-order Search Doc OR2004 01111269
EXHtBlT1LPAGE ~ OE 3_
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
GOVER)v(E~ CODE 27367
[CERTIfi L~DER PEN bull TY OF PERItJRY THAT THE NotARY SEAL o~ THE DOCtJME~ TO WHICH THIS ST A tEi-(E~-r IS AnACHED ltEoDS AS FOLLOWS
r-AIE OF THE ~OT-ltY 1- c ~-et(e
DATE Cbf~USS[O~ EXPIRES AQ ( d(j)]
CO_7Y W~t= 2middot)-1) IS FrLE) OCtttltyf ((Whiy
COcssrc- ~--3R lloltll 0
~-~FACTt=~ ---gtOR ~1[3lt j[Nf)4
SG-lTLt ____--~~ __________~---rz--L
= I CERTrFY L-DE~ EsALTY OF PZRJtRY AD TKE LAWS OF Ii-= STATt OF CALr=OR--1- TEAT THE ILLEGIBLE PORTIOgt OF rts DOeL r~T TO PICE TES STlTE~E)l IS ATTACH=D RE J)S AS FOLLOWS
PLACE OF EXCtTIOs _________ DATE _______
SlGNAnrpE ______________~_______
f Printed 4282016 22535 PM PSTCreated By tammle
Page 2 on h Doc OR 20M 01111269
Order Non-Order Searc EXHlBlTJLPAGE 3 OF3gt~
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