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[PLAINTIFF]

[Plaintiff Address]

[Plaintiff City, State, Zip]

[Plaintiff Phone]

Fax: [Plaintiff Fax]

Plaintiff in pro per

IN THE SUPERIOR COURT OF CALIFORNIA

IN AND FOR [PROPERTY COUNTY] COUNTY, STATE OF CALIFORNIA

[Plaintiff]

Plaintiff,

v.

[Original Lender]

[Servicer]

[Trustee]

and Does 1 through 50 inclusive.

Defendant.

CASE NO.:

SUIT TO QUIET TITLE

VERIFIED COMPLAINT

SUIT TO QUIET TITLE

Loan Number: [Loan Number]

Parcel ID Number: [APN]

Property Address: [Property Address]

Legal Description:

[LEGAL DESCRIPTION]

JURISDICTION AND VENUE

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1. Property is in [Property County] County and therefore falls under this Honorable Court’s

jurisdiction.

2. Real Estate is governed by State Law and therefore this Court has priority Jurisdiction.

3. The Plaintiff lives in [PROPERTY COUNTY] County and the Defendant has done

extensive business in [PROPERTY COUNTY] County.

PARTIES

1. The Plaintiff is [Plaintiff] who is the legal title owner of the real estate property located in

this county.

2. The Defendant is [Servicer] who is the current servicer.

3. The Defendant is [Original Lender]. The Lender as defined on page 1 of the Deed of

Trust, and Does 1 through 50

STATEMENT OF FACTS

4. Under California law, to perfect the transfer of mortgage paper as collateral the owner

should physically deliver the note to the transferee. Bear v. Golden Plan of California,

Inc., 829 F.2d 705, 709 (9th Cir. 1986).

5. Without physical transfer, the sale of the note could be invalid as a fraudulent

conveyance, Cal. Civ. Code §3440, or as unperfected, Cal. Com. Code §§9313-9314. See

ROGER BERNHARDT, CALIFORNIA MORTGAGES AND DEEDS OF TRUSTS,

AND FORECLOSURE LITIGATION §1.26 (4th

ed. 2009).

6. The note here specifically identified the party to whom it was payable, [Original Lender],

and the note therefore cannot be transferred unless the note is endorsed. See Cal. Com.

Code §§3109, 3201, 3203, 3204. The attachments to the claim do not establish that

[Original Lender] endorsed and sold the note to any other party.

7. The Plaintiff believes and contends that there are significant controversy and clouding of

the title to the property and Deed of Trust.

8. Plaintiff motions this court to enter a judgment for a Quiet Title Action.

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9. The Plaintiff motions the court to order all parties with legal claim to stipulate and

provide proof of claim against the above Deed of Trust, else release their claim.

10. The “Lender” as defined on page 1 on the Deed of Trust is the [Original Lender] (see

Exhibit A).

11. Further, Defendants failed to meet the proper statutory requirements under the California

Civil Code to foreclose on a deed of trust, as they did not comport with the deed of trust

and recordings pursuant thereof.

12. There is no evidence of transfer of ownership from the Lender to the Defendant,

[Servicer].

13. Therefore, the Plaintiff contends that the Defendant, [Servicer] is not a real and beneficial

party of interest.

14. The Plaintiff contends that the promissory note which the above Deed of Trust secures

has been securitized.

15. The Plaintiff contends that the Defendant, [Servicer] is a debt collector, attempting to

collect a debt, and is not a real party of interest. (See Exhibit B).

16. The Plaintiff contends that [Original Lender] may have fully sold their interest in the

promissory note in full as governed under Financial Accounting Standard Rule 140 (FAS

140).

17. Under FAS 140, the seller of an asset must sell the asset to a third party as an arms length

transaction.

18. Once an asset has been sold, the seller forever loses control of the asset.

19. Furthermore, under FAS 140, the seller may not repurchase the asset for the purposes of

“reattachment”.

20. The seller may only repurchase the asset in an open market transaction as an unsecured

note.

21. A servicer of a promissory note does not have the rights of a holder in due course.

22. Plaintiff further contends on information and belief that the alleged beneficiary on the

deed of trust can not prove that they are in fact have Standing to enforce the negotiable

instrument.

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23. The Defendant(s) are not the real party of interest. (see Exhibit C)

24. That Defendant(s) who is acting as the agent of the principal failed to have written

authorization to act for the principal and under Cal. Civ. Code Sec 1624 the agency

relationship must also be in written form.

25. Since the Defendant(s) is not a real and beneficial party of interest, the Defendant(s)

cannot be a party to this controversy.

26. Under IRS rules governing ownership interest of an asset, tax must be paid by the owner

of the promissory note for all interest/income/profits earned.

27. Note, that there is no assignment from the original Lender on the deed of trust,

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR

ORIGINAL LENDER, INC., DBA [Original Lender] to [Servicer], who is purporting to

be the current beneficiary forthwith, which is fraud, extortion and trespass.

28. The Plaintiff contends that the promissory note was securitized into a REMIC (Real

Estate Mortgage Investment Conduit), which is a SPV (Special Purpose Vehicle) for the

purposes of tax exemption and direct pass through, in which only the individual

shareholders pay the tax for any profits earned.

29. Therefore, the Plaintiff contends that the real and beneficial interest holders of the

promissory note are the individual shareholders of the REMIC.

30. Since no one party represents a real party of interest, then no one party may enforce the

promissory note.

31. That the Trustee acting as agent of the Beneficiary, and the title company acting as agent

for the trustee, signing documents as the agent of the Beneficiary for Plaintiff’s Note and

the notices therein has not conformed with the strict mandates of Civil Code sections

23.2, 2304-2305, 2295-2300, 2400, 2330-2339, 2342-2345, 2349-2351s, nor did the

trustee have power of sale per the deed of trust requirements.

32. The party must show evidence of the debt and standing.

33. There is no evidence that the Defendant(s) has standing in this matter.

34. A loan, once securitized is permanently converted into a stock. It is registered in the SEC

database as a permanent fixture to the REMIC.

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35. In the event of a default, the REMIC (and therefore the individual shareholders) write off

the debt and receives tax credit for the write off.

36. Therefore, the debt is discharged. The Plaintiff contends that the debt has been

discharged in full.

37. Since the language of the Deed of Trust in says “This Deed of Trust Secures a

Promissory Note”, and since the promissory note is not enforceable by any ONE

PARTY, then the Deed of Trust is therefore invalid. (see Exhibit A)

38. Further, since the debt has been discharged, then the Deed of Trust is doubly invalid.

39. As the owner and grantor of real property, the Plaintiff has a duty and right to defend the

title to his property.

40. Since there are significant controversy over who is the real parties of interest are in the

Deed of Trust, the Plaintiff hereby Moves this Court to enter an Order compelling all

parties who can lay lawful claim on the Deed of Trust to do so by presentment of valid

enforceable proof of claim.

41. If no one party can come forth to claim perfected security interest in the Deed of Trust,

then the Plaintiff Moves this court to Declare the Deed of Trust to be null and void.

42. The Plaintiff contends there has been an Invalid Assignment of the Deed of Trust.

43. On page 13 on the enclosed Deed of Trust (see Exhibit A), under “Substitute Trustee”,

the language clearly states that the Lender may, for any reason or cause, from time to

time, remove Trustee and appoint a successor Trustee to any Trustee appoint hereunder.

44. The Lender as defined on page 1 of the Deed of Trust is [Original Lender].

45. This paragraph does not state that successors, assigns, or nominees, which includes,

MERS (Mortgage Electronic Registration System) the beneficiary, acting solely as the

nominee for the Lender and Lenders successors and assigns as defined on page 13 of the

Deed of Trust may appoint a Successor Trustee.

PRAYER FOR RELIEF

46. WHEREFORE, Plaintiff respectfully moves this Honorable Court to enter a judgment

ordering the following remedies:

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47. Declare the Deed of Trust to be null and void.

48. Declare the promissory note to be declared fully discharged.

49. For a declaration and determination that Plaintiff is the rightful holder of title to the

property and that Defendant herein, and each of them, be declared to have no estate,

right, title or interest in said property.

50. For a judgment forever enjoining said defendants, and each of them, from claiming any

estate, right, title or interest in the subject property.

51. Granting any such other relief as is necessary and appropriate.

_____________________________________

[Plaintiff], Plaintiff

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[PLAINTIFF]

[Plaintiff Address]

[Plaintiff City, State, Zip]

[Plaintiff Phone]

Fax: [Plaintiff Fax]

Plaintiff in pro per

IN THE SUPERIOR COURT OF CALIFORNIA

IN AND FOR [PROPERTY COUNTY] COUNTY, STATE OF CALIFORNIA

[Plaintiff]

Plaintiff,

v.

[Servicer]

[Original Lender]

[Trustee]

and Does 1 through 50 inclusive.

Defendant.

CASE NO.:

Verification Of Complaint

VERIFICATION OF COMPLAINT

The undersigned Affiant, [Plaintiff] Trustor and alleged Borrower, hereinafter, “Affiant”, does

solemnly swear, declare under penalty of perjury and state as follows:

1. All the facts herein are true, correct of my own personal knowledge.

FURTHER THE AFFIANT SAYETH NOT

IN WITNESS WHEREOF I hereunto set my hand and seal on this _________________ day of

_________________, _________________ and hereby certify all the statements made above are

true, correct and complete.

Date: __________________ Signed: _____________________________________

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[Plaintiff], Affiant

JURAT

State of California )

) ss:

County of [Property County] )

Subscribed and sworn to (or affirmed) before me on this ________ day of

_____________________, ________, by _____________________________, proved to me on

the basis of satisfactory evidence to be the person who appeared before me.

___________________________________

Notary (seal)

My Commission expires: __________________________

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Exhibit A – Note and Deed of Trust

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Exhibit B –

Qualified Written Request - Dispute of Debt Letter

Notice of Non-Response – Second Request for Proof of Claim Letter

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Exhibit - C

Property Legal Description