Class Action Complaint filed against US Bank National Association for Wrongful Foreclosure. Complaint alleges TILA Violations or fraud on the US Bankruptcy Court in the alternative
Original Title
Class Action Complaint against US Bank National Association for Wrongful Foreclosure, TILA and Deceptive Practices
Class Action Complaint filed against US Bank National Association for Wrongful Foreclosure. Complaint alleges TILA Violations or fraud on the US Bankruptcy Court in the alternative
Class Action Complaint filed against US Bank National Association for Wrongful Foreclosure. Complaint alleges TILA Violations or fraud on the US Bankruptcy Court in the alternative
2 LAW OFFICES OF LENORE ALBERT 7755 Center Avenue, Suite #1100 3 Huntington Beach, CA 92647 4 Telephone (714) 372-2264 5 Facsimile (419) 831-3376 Email: lenorealbert@msn.com 6 7 Joseph Arthur Roberts, State Bar No. 156180 LAW OFFICE OF J. ARTHUR ROBERTS 8 3345 Newport Blvd., Suite 213 9 Newport Beach, CA 92663 1 0 Telephone: (949) 675-9900 Facsimile: (888) 989-9309 11 Email: Joe@JarLegal.com 12 Attorney for Plaintiff, KENNETH HUEZO, individually, 13 And all others similarly situated 14 , i , , i I I J UNITED STATES DISTRICT COURT 15 ." '" 16 CENTRAL DISTRICT OF CALIFORNIA 17 r; 0t-
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W -l KENNETH HUEZO, on behalf of himse and all others similarly situated, CVll-07818 CBM (VBKx) 18 1 9 20 vs. 21 Plaintiffs, US BANK NATIONAL ASSOCIATION, 22 AS TRUSTEE FOR STRUCTURED 23 ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH 24 CERTIFICATES, SERIES 2006-BC3; and 25 DOES 1 through 10, inclusive, 2 6 Defendants. 27 28 CLASS ACTION COMPLAINT signed to the Honorable: LASS ACTION COMPLAINT 1. 15 USC 164lg Violation 2. Unlawfu1!Unfair Acts 17200 [DEMAND FOR JURy TRIAL] 1 Huezo v US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass- Through Certificates, Series 2006-BC3 I i r- PI t'J 1 Plaintiff KENNETH HUEZO (referred to as "plaintiff' or "Mr. Huezo"), by and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 17 through his attorneys of record, bring tbis action against defendants US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass- Through Certificates, Series 2006-BC3 ("US Bank") and DOES 1 through 10, inclusive, ("Defendants") and alleges the following on information and belief, except as to those allegations which pertain to the Plaintiffs: I. . VENUE 1. The Court has subject matter jurisdiction over this action under 28 USC 1331 wherein the action arises under the Constitution, laws or treaties of the United States and/or under 28 USC 1332 wherein this is a class action over $5,000,000.00 where at least one plaintiff is diverse from one defendant. 2. The Court has personal jurisdiction over the defendants in this action by the 18 fact that the Defendants are conducting business in the state of California. 19 20 21 22 23 24 25 26 27 28 3. Venue is proper in this Court pursuant to 28 USC 1392 because the action involves real property located in the Central District of California; and pursuant to 28 USC 1391(b) and a substantial part of the events or omissions on which the claims are based occurred in tbis District. 2 CLASS ACTION COMPLAINT f1uezo v US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass-Tlrrouglr Certificates, Series 1006-BC3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. PARTIES 4. Plaintiff, KENNETH HUEZO, at all times mentioned herein relevant to the complaint was the owner of real property commonly known as 26840 Claudette Street #229, Canyon Country, CA. 5. Defendant, US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC3 ("US Bank"), has its principal place of business in Minneapolis, Minnesota and regularly conducts business in the State ofCalifomia. 6. Plaintiffs do not know the true names and capacities of the defendants DOES I through 10, inclusive, and, as such, names said defendants by such fictitious names. Plaintiffs will amend the complaint to state the true name and capacity ofthe DOE defendant(s) when such information is ascertained. 7. Plaintiffs are informed and believe, and allege thereon, that each defendant is responsible in some manner for the occurrences alleged in the complaint, and that plaintiffs' damages were proximately caused by the defendants at all times mentioned in the complaint. 8. Plaintiffs are further informed and believe, and allege thereon, that each defendant was the agent, servant, representative, and/or employee oftheir co- defendants, and in doing the things hereinafter alleged were acting in the scope of 3 CLASS ACITON COMPLAINT Huezo v US Bank National Association, as trustee for Structured Asset Securities Corporatioll Mortgage Pass-Through Certificates, Series 2006-BC3 1 their authority as agents, servants, representatives, family members and/or employees, 3 4 5 6 7 8 9 10 and with the permission and consent of their co-defendants. 9. Additionally, plaintiffs are informed and believe, and allege thereon, that each defendant assisted, aided and abetted, adopted, ratified, approved, or condoned the actions of every other defendant and that each corporate defendant, if any, was acting as the alter ego ofthe other in the acts alleged herein. III. General Factual Allegations 11 10. Tmth in Lending Act 131 ("TILA") codified at 15 USC 1641g requires a 12 13 new creditor to notify the borrower in writing of a transfer in their Note and Deed of 14 Tmst (mortgage). 15 16 17 1 8 19 20 2 1 22 23 2 4 25 2 6 27 28 11. The notification must include: a. The identity, address, telephone number of the new creditor; b. The date of transfer; c. How to reach an agent or party having authority to act on behalf of the new creditor; d. The location of the place where transfer of ownership of the debt is recorded; and e. Any other relevant information regarding the new creditor within 30 days of the transfer. 4 CLASS ACTION COMPLAINT Huezo v US Bank National Association, as trustee for Structured Asset Securities Corporation Pass- Through Certificates, Series 2006-Bl..,] 1 2 3 4 5 6 12. 15 USC IMIg was enacted to "ensure [citizens] can actually renegotiate their mortgages if they are in trouble" and to provide "transparency and give[J borrowers an additional tool to fight illegitimate foreclosure or to negotiate loan modifications that would keep them in their homes." Sen. Barbara Boxer comments 7 made in the Congressional Record - Senate S5098-99 (May 5, 2009) Exhibit A. 8 9 10 13. These combined legislative purposes are referred to in this complaint as "due process" rights. 11 14. Plaintiff is informed and believes and alleges thereon that defendant US 12 13 14 15 1 6 17 Bank is a creditor violating 15 USC 1641g causing illegitimate foreclosures and the unnecessary loss of homes because homeowners are not being given this additional tool to renegotiate their loans. 15. Defendant has a pattern and practice of playing "hide-and-seek" with 18 debtors. 1 9 20 21 22 23 2 4 25 2 6 27 2 8 16. The defendant hides its identity as the "creditor" as defined for purposes of 15 USC 1641g until it must reveal its identity to nonjudicially foreclose, more often than not only revealing itself when the debtor has halted the nonjudicial foreclosure process by seeking safe harbor protection in the United States Bankruptcy Courts. 5 CLASS ACTION COMPLAINT Huezo v US Bank National Association, as trustee for Structured Asset Securities Corporatiotl Mortgage Pass-Through Certijiclltes, Series 2006-BC3 1 17. Homeowners need to know who the owner is to serve notices or 2 3 4 5 6 7 8 9 10 complaints or confirm the authority of the party initiating a foreclosure action or offering a loan modification and US Bank's conduct is preventing those needs from being met to the injury of consumers like the pJaintifIMr. Huezo. IV. Mr. Huezo's Facts 18. On or about July 12, 2006 KENNETH HUEZO, a single man, became indebted to BNC MORTGAGE, INC. 11 19. Mr. Huezo promised to pay BNC Mortgage, Inc. $276,000.00 plus interest 12 13 14 15 1 6 17 for a loan he received from BNC Mortgage, Inc. This promise was placed in a Note dated July 12, 2006 and secured by his property located at 26840 Claudette Street #229, Canyon Country, CA in a Deed of Trust. 20. Mr. Huezo never received any notice that US Bank became his new 18 creditor until he received a Motion for Relief from Bankruptcy Stay in the US mail. 1 9 20 21 22 23 2 4 25 2 6 2 7 28 21. Mr. Huezo filed for bankruptcy protection earlier that year. 22. On May 4,2011 US Bank moved the US Bankruptcy court for relief from the automatic stay declaring under penalty of peIjury that the movant held a deed of trust on Mr. Huezo's property and a beneficial interest in the Note had transferred to the Movant, "US Bank." 6
Huezo v US Bank National Association, as trustee for Structured Asset Securities Corporation MOrlgage Certificates, Series 2006-BC3 1 23. Mr. Huezo was sent notice ofthis motion and it was the very frrst time he 2 3 learned " US Bank" was asserting ownership as his new creditor. 4 24. Just prior to Mr. Huezo frling for bankruptcy, US Bank caused a 5 6 7 B 9 10 Corporate Assignment of Deed of Trnst to be recorded in Los Angeles County Recorder' s Office purporting MERS assigned the Deed ofTTUst over to US Bank on or about December 1, 2010 for a trust created in 2006. 25. A true and correct copy of the Motion and Declaration with Exhibits is 11 attached as Exhibit B. 12 26. What is even more curious, the note attached to the motion Had an 13 14 undated Allonge in blank attached as page 17 of 20 page note that had riders attached 15 and numbered thereafter. 16 17 27. There is no indorsement or allonge to MERS and nothing from MERS to 1 8 US Bank. 1 9 20 21 22 23 24 25 26 27 28 28. The Note did not give MERS any interest or rights. 29. The indorsement from BNC Mortgage, Inc. was Blank and is not dated and BNe Mortgage, Inc. surrendered before 2010. 30. There is no evidence that the creditors made any approval to transfer this Note or the Deed of Trust from the bankruptcy estate to US Bank. 7 CLASS ACTION COMPLAINT Huezn v US Bank National Association, as trustee jor Structured A . ~ s e t Securities Corporation Mortgage Pass-Through Certificates, Series 1006-BC3 1 31. There is no assignment of the deed of trust and the Note to US Bank 2 3 4 5 6 7 8 9 10 before BNe Mortgage, Inc. became defunct. The assignor of the Deed of Trust was clearly defunct when the purported assignment took place. 32. lfthe Deed of Trust split from the Note, US Bank had no legitimate right to use the Deed of Trust to enforce the debt and the Note holder cannot use the property secured by the Deed of Trust in order to satisfy that debt. 33. lfMr. Huezo was given proper notification ofthe transfer to the new 11 creditor he could have tried to save his home prior to default. 1 2 34. But the disclosure of US Bank asserting it was the beneficiary of the 13 1 4 indebtedness on Mr. Huezo' s Note came too late. 15 35. Mr. Huezo had already been thrown into default and no longer had the 16 17 opportunity to use this information to try to stop an illegitimate foreclosure sale or to 18 try to attempt to renegotiate his loan with the current creditor because his home prior 19 to default. 20 21 36. Through the lise of these documents, US Bank received an order of relief 22 23 24 2 5 2 6 27 28 from the automatic stay and US Bank has set to sell Mr. Huezo's home on October 11 , 201 1 although it has no right to non judicially foreclose on Mr. Huezo's home. 8
Buezo v US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, &ries 1006-BC3 1 37. Mr. Huezo is further informed and believes and alleges thereon that US 2 3 4 5 6 Bank has already iliegitmately auctioned off other homes of those similarly situated through a foreclosure. V. Class Action Allegations 7 38. Plaintiffs bring this action under Rule 23 of the Federal Rules of Ci viI 8 9 10 11 12 13 14 15 1 6 Procedure, on behalf of the themselves and on the following Classes: All (1) borrowers who did not receive a Notification from defendant as required under 15 USC 1641 g and (2) so long as the original Lender named on the Note is not the defendant 39. Excluded from the Class are defendants, and their affiliates, subsidiaries, current or former employees, officers, directors, agents, representatives, and their family members. 17 40. Plaintiffs do not know the exact size or identities of the members of the 18 19 20 21 22 23 proposed class, since such information is in the exclusive control ofthe Defendants. Plaintiff is informed and believes and alleges thereon the class size consists of anywhere from 250 to 2,000 borrowers. Therefore, the proposed Class is so numerous that joinder of all members is impracticable. 24 41 . A class action is superior to other methods for the fast and efficient 25 26 27 2 8 adjudication of this controversy and to avoid the risk of disparate and inconsistent 9 CLASS ACTION COMPLAINT Hueto v US Bank National Association, as t r u ~ 1 e e for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC3 1 rulings in different courts. A class action regarding the issues in this case does not 2 3 create any problems of manageability. 4 42. A pattern and practice of conduct by defendants exist in this case wherein 5 6 7 8 9 1 0 11 12 13 14 15 16 17 common questions of fact and law predominate over any questions affecting only individual members including, but not limited to the following: a. Whether defendant's actions or failure to act constituted a violation of 15 USC 1641g; b. Whether defendant's actions or failure to act constituted a violation of California Business & Professions Code 17200; c. The amount of damages appropriate for violation ofl5 1641g and Cal B&P 17200 in this context; and d. Whether injunctive relief is appropriate. 18 43. This is a matter of important public policy because the fair treatment of 19 clistressed borrowers is state and national policy priorities. 20 21 44. The claims of the indi vidual named Plaintiffs are typical of the claims of 22 23 24 25 26 27 28 the Class and do not conflict ''lith the interests of any other members of the Class. 45. The individually named Plaintiffs will fairly and adequately protect the interests ofthe Class. They are committed to the vigorous prosecution of the Class' claims and have retained attorneys who are qualified to pursue this litigation. 10
Huez{) v US Bank National Association, as trIlstee for StrIlctured Asset Securities Corporation Mortgage Pa5s- Through Certificates, Series 2006-BC3 1 46. The putative class action meets the requirements of Federal Rules of Civil 2 3 Procedure 23(a), 23(b) and/or 23(c). 4 47. The nature of notice to the proposed class required andlor contemplated is 5 6 7 8 9 10 the best practicable method possible and contemplated the defendant's list when disclosed would most likely be media outlets, mailing to the property addresses affected by the filed foreclosures and internet and other general notices are contemplated to ensure notice. 11 48. Defendants have acted or refused to act on grounds that apply generally to 12 13 14 15 1 6 17 1 8 19 20 the Class so that fmal injunctive relief or corresponding declaratory relief is appropriate respecting the Class as a whole. VI. CLAIMS FIRST CLAIM 15 USC 1641g Violation (Against US Bank) 49. Plaintiff incorporates the allegations above in this claim as though fully 21 set forth herein. 22 23 24 50. Plaintiffs bring this claim on their own behalf and on behalf of each member of the Class described above. 25 51. These defendants are "creditors" under TILA. 26 27 28 11 CLASS ACTION COMPLAINT Hue'Zo v US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass-Througlt Certificates, Series 2006-BCJ 1 52. US Bank was required to notifY the plaintiff in writing of the transfer of 2 3 the loan from the original lender, such as BNC Mortgage, Inc. , to US Bank. 4 53. The notification needed to include: 5 6 7 8 9 10 11 12 13 14 15 1 6 17 a. The identity, address, telephone number of the new creditor; b. The date of transfer; c. How to reach an agent or party having authority to act on behalf of the new creditor; d. The location of the place where transfer of ownership of the debt is recorded; and e. Any other relevant information regarding the new creditor within 30 days of the transfer which occurred on or about September 15,2010. 54. US Bank failed to notifY :Mr. Huezo and those similarly situated within 30 18 days of the purported assignment or transfer it presented to the US Bankruptcy court to 19 20 21 22 23 24 25 2 6 27 28 show it had standing to move for relief from automatic stay. 55. US Bank violated 15 USC 1641g by failing to notifY the plaintiff in writing of said transfer within 30 days including: a. The identity, address, telephone number of the new creditor; b. The date of transfer; 12 CLASS ACTION COMPLAINT Huezo v US Bank National Association, as trustee jor Structured Assel Securities COrpOrtltion Mortgage Pass-Through ("'ertijicates, Series ZOO6-BC3 1 2 3 4 5 6 7 8 9 10 11 1 2 13 c. How to reach an agent or party having authority to act on behalf of the new creditor; d. The location of the place where transfer of ownership of the debt is recorded; and e. Any other relevant information regarding the new creditor. 56. As a result of defendants' violation of 15 USC 1641g, Mr. Huezo' s due process rights for notice and opportunity to be heard were violated; he has incurred attorney' s fees and expenses and is losing and/or lost his home through a California non-judicial process that plaintiff would have been able to try to stop if he had the 14 information required by 15 USC l64lg in a timely manner. 1 5 1 6 17 1 8 1 9 2 0 21 22 2 3 2 4 25 2 6 2 7 28 57. Plaintiff is informed and believes and alleges thereon that US Bank' s conduct was part of a pattern and practice resulting in the same injury to a multitude of similarly situated (former) homeowners. 58. Plaintiffs have been danlaged in an amount to be proven at trial, including but not limited to actual danlages resulting from said violation, statutory damages of $4,000.00 per homeowner, attorney fees and costs. Wherefore plaintiff demands judgment against defendants as set forth below. SECOND CLAIM Unfair and Unlawful Practices (Against All defendants and Does 1 through 10) 13 CLASS ACTION COMPLAINT Huezo v US Bank National Association, as trustee fur Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series ZOO6-BC3 1 59. Plaintiffs incorporate in this claim all of the allegations above as though 2 3 set forth in full herein. 4 60. Plaintiffs bring this claim on their own behalf and on behalf of each 5 6 7 8 9 10 member of the Class described above. 61. California' s Unfair Competition Law (UCL) defmes lmfair competition to include any "unlawful, unfair, or fraudulent" business act or practice. Cal Bus & Prof Code 17200 et seq. 11 62. Defendants engaged in "unlawful" business practices under the UCL 12 based on the violation ofl5 USC l64Ig (TILA BIg) as alleged above. 13 14 63. The defendants failed to follow TILA and worm Mr. Huezo that his Note 15 and mortgage had a new creditor as required by statute. l6 17 64. US Bank through its authorized representative caused a declaration and 1 8 motion made under penalty ofpeIjury to be filed with the Uni ted States Bankruptcy 1 9 making representations that it either knew to be false or had no reason to believe that 20 21 the statements were true that were material to Mr. Huezo losing his due process rights. 22 23 24 65. On or about May 4, 2011 said movant declared in paragraph 7 of page 7 of 13 of the motion that "Movant holds a deed of trust that encumbers the Property" and 25 that a copy of the assignment evidenced that the movant was the rightful creditor. 26 27 28 (Exhibit B) 14 CLASS ACTION COMPLAINT Hilezo v US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 1006-BC3 1 66. The true facts are that the Borrower named on the Note was not US Bank; 2 3 it was BNC Mortgage, Inc. that was now defunct. 4 67. Furthermore there was no indorsement or allonge attached to the Note 5 6 7 8 9 10 assigning anything to US Bank. 68. The further true facts are that the Borrower named on the Deed of T mst was not US Bank; it was BNC Mortgage, Inc. 69. Furthermore, the purported assignment occurred 4 years fl.ikr. the Note 11 was allegedly placed in the US Bank designated 2006 trust. 12 70. But the true facts are MERS wasn' t given any interest or authority in the 13 1 4 Note and BNC was defunct in 20 10 and US Bank could not legally resurrect BNC from 15 the dead in order to assign the Deed of Tmst in 2010. 16 17 71. There were material representations as to the authority of US Bank to 1 8 proceed with a nonj udicial foreclosure under California law without petitioning the 1 9 court. 20 21 72. There were also material representations as to the identity of Mr. Huezo' s 22 23 24 25 26 27 28 true creditors and interests and whether these transfers (as it appears) resulted in splitting the Note from the Deed of Tmst making his debt unsecured under California law where no creditor under the Deed of Tmst had a right to take his home for nonpayment on the Note. 15 CLASS ACTION COMPLAJNT Huezo v US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC3 1 2 3 4 5 6 7 8 9 10 11 12 13 73. Because US Bank failed to comply with 15 USC 1641g and notifY Mr. Huezo that it believed it became Mr. Huezo' s new creditor under the Deed of Trust and Promissory Note within 30 days, Mr. Huezo' s due process rights were violated. He was not given any meaningful notice or opportunity to seek judicial declaratory relief and demand a judicial forecloslrre in order to identifY his creditor and that creditor' s claims to any interest in his property, if any. 74. Plaintiff is informed and believes and alleges thereon that US Bank has a pattern and practice of violating 15 USC 1641 g by failing and refusing to disclose it is the new creditor until it is in the midst of foreclosure proceedings and/or moving for 14 relief from an automatic stay in the United States Bankruptcy Court. 15 16 17 18 19 20 75. As a result, US Bank engaged in "fraudulent" or "unfair" business practices under the UCL by failing to follow federal and state laws or correct their errors when it became obvious when they filed their claim with the US Bankruptcy court that they had no proof of standing to non judicially foreclose. 21 76. Instead of following the California laws and procedures put in place when 22 23 2 4 25 26 27 28 records are not ill order in order to claim an interest in real property, the defendants used the US Bankruptcy court system to cut off the homeowner's rights. 77 . Defendant US Bank also engaged in "fraudulent," "unfair" or "unlawful" acts by violating various state laws and federal regulations, standards and/or policies in 16 CLASS ACTION COMPLA1NT Huezo v US Bank National Assoeiation, as trustee for Structured Asset Securities Corporaiion iWortgage Pass-Through Certijicaies, Series 2006-BC3 1 falsely stating that the notes were being assigned into trust and such when there was no 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 l7 such assignment from one entity to the other. The Note wasn' t even properly endorsed yet they relentlessly pursued Mr. Huezo on these false premises. 78. Plaintiffs are further informed and believe and allege thereon that each of these defendants' unlawful, unfair and fraudulent business practices are likely to deceive the public and are likely to continue to induce members of the public into relying to their detriment on statements and agreements made or not made as the case may be which will result in more members of the public losing their due process rights. 79. Defendants' acts, and each ofthem, violate the unfair competition laws of the state of California and specifically California Business and Professions Code 17200, et seq. as indicated above. 80. As a proximate result of defendants' conduct, plaintiff was injmed 18 financially and/or to his property rights. Said conduct as set forth herein resulted in 19 20 statutory, general and special damages. 21 81. Plaintiffs are further entitled to injunctive relief and any other equitable 22 23 24 25 2 6 2 7 28 relief that the court deems appropriate. Wherefore plaintiff demands judgment against defendants as set forth below. 17 CLASS ACTION COMPLAINT Huezo v US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 17 18 19 20 21 22 23 2 4 25 26 27 2 8 VII. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against defendants, and each of them, as follows: a. An order certifying the plaintiff class, appointing named plaintiffs as the representatives of the class and appointing the law fmn(s) representing the nan1ed plaintiffs as counsel for the class; b. Pursuant to Business and Professions Code 17203, that all Defendants, their successors, agents, representatives, employees, and all persons who act in concert with them be permanently enjoined from committing any acts of unfair competition' violation of 17200, including, but not limited to, the violations alleged herein. c. Actual, Special and General Damages as proven at trial; d. Statutory damages and civil penalties; e. Costs; f. Attorneys' fees; g. Prejudgment interest at the statutory rate; h. Post-judgment interest; i. Such other and further relief as the Court finds necessary and proper. 18 CLASS ACTION COMPLAINT Huezo v US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC3 1 2 3 VIII. DEMAND FOR JURy TRIAL 4 Plaintiffs hereby demand a jury trial. 5 6 7 8 9 10 11 12 13 14 15 1 6 17 1 8 19 20 21 22 23 2 4 25 26 27 28 Dated: September 20,2011 CLASS ACTION COMPLAINT LA W OFFICES OF LENORE ALBERT Is! Lenore A l b e ~ ~ ~ LENORE L. AL T, ESQ. Attorney for Plaintiff, KENNETH HUEZO and All others similarly situated 19 Huezo v US Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certifzcates, Series 2006-BC3 S509l:! CONGRESSIONAL RECORD-SEl';fifE May 5, 2009 ACTING PRESIDENT pro tem- pore, The Senator from Connecticut. Mr. DODD. Mr. President. we are waiting for someon e to come with an amendment. In the meantime. I s ug- gest the absence of a quorum. The ACTING PRESIDENT pro tem- pore. TIle clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. BOND. Mr. Pre3ident. I ask unan- imous consent that the order for the quorum call be rescinded. The ACTING PRESIDENT pro tem- pore. Without objection. it is so or- dered. Mr. BOND. I ask to be permitted to speak as in morning business for up to 6 minutes. Mrs. BOXER. Reserving the right to object , and I will not object, if the Sen- ator could amend that to say Senator BoXER win 1;6 called on to talk about a couple of amendments following his re- ma.rks. I would really appreciate it. Mr. BOND. Mr. P r esiden t. it wll1 be an honor to ask that Senator BOXER, the chair of the EPW Committee on which I a m proud t o aerve, be recog- nized after my remarks are completed. The ACTING PRESIDENT pro tem- pore. W1thout objection, it is so or- dered. Mrs. BOXER. I thank the Senator. GUA.NTANA).'IO BAY Mr. BOND. Mr. President, keeping the Amerfcan people safe is the Gov- elnment's highest priority. Keeping OW' Nati on safe should not be a polit- ical issue: it is an American one. That is why I was disappointed when the White House made an early national security decision based on politics and not what is in the best interests of keeping Amerlca.:ns safe . I am talking abou t the President's plan to close the terror ist detention center at Guanta- n a.mo Bay without a backup plan. I have been sounding the alarm over this rash deoision since the Pres ident announced i t in January. But it is not just my side of the aisle. the Repub- li cans, who are Questioning the Presi- dent' s decision to cl ose Gnantanamo with DO plan on how to handle the de- tainees, the terrorists housed there. Yesterday, Democratic House Appro- priations Committee chairman DAVID OBEY "So far as we can tell there is no concr ete program." That is my point exactly. This is a classic example of "ready, fire. aim." That is a strategy we can- not a.fford. I prefer aiming before shooting, whicb is why I keep calling on the Presi den t to tell the American peopl e how his plan to close Guanta- namo without any plans right DOW to deal With the detainees will make our Nation safer. The President needs to honor his pledge of transyarency prQ:vide the American people with answers to these questions. How the President answers these questions is even more important now that some of the terrorists could be coming soon to a neighborhood near you. Tha.t 15 right. Some of the ter- rorist-trained detainees could be com- ing to American communities. Last the Obama administration admitted as much. Defense Secretary Gates t estified before our Senate Ap- propriations Defense Subcommittee that as many as 100 Guantanamo de- tainees could be coming to the United States. Wbether t hese terrorists are coming to a prison in n earby Kansas or a halfway house in a city in Missouri or any other State. I can tell you this: Americans do not want terrorists in their neighborhoods. That is why , when we put it to a vote, the Senate voted 94 to 3 against importing detainees t o American soil. even if that meant deporting them to a maximum secW'ity prison. Americans a.l so do not want these terroriSts sent back to the battlefield to ldll our troops. We know the terror- ists detained. at Guantanamo have gone back to fight even the ones who were supposed to be l ess dangerous. l ess likel y t o do AO. The Pentagon has con- firmed that a.t l east 18 detainees who were released have gone back to the figh t, and 43 more are suspected of doing t he same. There are no easy solutions. So in- stead of meeting an arbitrary deadline to close Guantanamo Bay. I sincerely h ope the \Vbite House will reconsider. I hope the President will realize that closing Guantanamo Bay without hav- ing a plan to deal with the terrorists clU'rently there and future terrorists captured on the battlefield is not in Oill' Na ti on ' s best interest. Closing Guantanamo with no plan, no plan. is one campaign promise that cannot hold up to nat10nal secw'ity priorities. I yield the fl oor . I suggest the absence of a Quorum. The PRESIDING OFFICER (Mr. UUALL of Co]orado.) The clerk will call the r oll . The legislative c lerk proceeded to call t he r oll . l'1rs. BOXER. Mr. President. I ask unanimous consent that the order for the quo 111m call be rescinded. The PRESIDING OFFICER. Without objection, it is so order ed. __ AMENDMENT NO. 1035 Mrs . BOXER. Mr. President, I will be offer ing t wo amendments, one of which is gOing t o be second-degreed by Sen- ator ENSIGN, a friendly amendment we have worked with him on. So we will have a vote on that amendment. Then t he final vote on the other Boxer amendment can be a voice vote without problem. But t hese are two a mendments that are very important to t he financial security of the coun- try. One deals wit h the toxic asset pur- chase program, the oth er one deals with lllaking s ure our people caD actu- ally renegotiate their mortgages i f they are in trouble. I will start with that one first. It seems like common sense if you have a mortgage on your home, yon ought to know who holds the mort- gage. But in t oday's real estate mar- ket , where the or iginal lender often sells the l oan to another entity. you can l ose t r ack and not h"D.oW who ally owns your mortgage. So we are doing a very simple a mendment-and I thank Senator DODD and staif. because they have worked so closely with us to draw this up in a good way. It is very easy: When YOll r mortgage is sold or transferred, the homeowner must be in- formed who owns that mortgage. Thi::r- is the way i t used to be years ago. I r e- member many times receiving those notices bnt suddenly it stopped hap- pening. I want t o give you the example of James and Mary Meyers, who took out a high -rate home loan with Argent Mortgage in 2004. Because the loan vio- l ated the t r uth-in-l ending laws, they later attempted to exercise their era1 rights to cancel the loan. But the serviceI'. who bappen ed to be Country- wide at the time, refused to identify who owned the loan. So by the time the MeyerS discovered that "the cWT6nt noteholder was Deutsche Bank, the deadline for canceling the loan had passed. The COUl't dismissed the Mey- ers' cl aim, even though it found that there were grounds, legitimately. for the Meyer s t o cancel the l oan. So this kind of hide-and-seek tion has real-life lamifications. It cer- tainly does with the Pr esident 's plan now that says, if someone has a mort- gage tha.t is under water, they can re- negotiate. they have a chance. But if they do not know who holds the mort- gage, it is a hollow kind of plan. We know that cw-rent law does require homeowners be informed when the servicer of their loan has changed. That i s in the la.w. And Federal law does r equire that the serviceI' tell the homeowner the identify of the person holding their mortgage. But servicers routinely i gnore re- Quests from homeowners for i nforIll8.- tion on the noteholder. So this is pret- ty simple. Simply put. i t is worth say- ing. if someODe new is holding your mortgage. the s ervicer 30 days t o inform you as t o who that person is. While serv1cers are required to dis- close this information, there are no pena ltiee in the law for noncompliance and no remedies for a homeowner faced with a recalcitrant serviceI'. The l aw has a.lso failed to protect homeowner s because there is no spe- cific r equirement that servicers iden- tify the agent or party with the au- thority to act on behalf of the note holder. The Boxer amendment provides bor- rowers with the basic r ight to know who owns their l oan by .leqru.ting t.hat. any time a mortgage l oan is sold or transferred. the new note owner shall notify the borrower within 30 days of the following: t h e iden ti ty. address. and telephone number of t he Dew cred- itor: the date of transfer: h ow to reach an agent 01' party with t he authority to act on behalf of the new creditor; the location of the place where the transfer is r ecorded; and any other relevant in- ormation regarding the new creditor. May 5, 2009 CONGRESSIONAL RECORD-SEl\ .. CE 85099 Tu L":! clear, t he amendment doe5 not That is cleru.'ly a no-no. You cannot do require borrowers to l'eceive a notifica that. tion every time a mortgage backed se- Under the Boxer-Ensign language. curity wtth a slice of their mortgage t hat would not be allowed. The Treas- changes hands. Those are transactions ury would put forward regulations to between investors and do not involve a make Slue it is not allowed. We would ohange in owner3hlp of the physioa.l give the TARP lnspector general $15 note. million to perform audits of selected [ This amendment only Vfovides recipients 50 we can make sure we are parency anll gives borrowern an addl - following UD with audits and making t ional tool to fight illegitimate fore sure there is no collusion. cl osures or to negotiate l oan modifica- We would guarantee there is access tions that would keep them in their to financial data from the P ublic-Pri- homes. vate InvUlstment fund that m necel:it:laIY I do not understand why we have to to perform these audits, and we would have a vote on t his. I know Senator require regulations that are very clear, DODD bas signed off on this. It is a very so thatr--listen to thi&-the private sec- important amendment. I Will read into tor cannot use money they have bor- the RECORD a list of those supporting rowed from other Federal programs to this. It is a whole list of consumer pump into the system. groups. I want to list who has endorsed They might be able to use some this amendment: the National Con- loans, but we do not want 100 percent sumer Law Center, the National Asso- of that money being recycled again. In eiation of Consumer Advocates, Con- other words. they could t ake a loan surnel' Action, the Consumer Federa- from the Government. then they go tion of America. Consumers Union, the buy an asset, and all of the money National Association of Neighborhoods, being used in the program is Govern- the National Council of La Raza. and roent money, the National Fair Housing Alliance. The Boxer-Ensign amendment. which This Is a very narrowly targeted is endorsed by Senator DODD. and I be- amendment with little cost to the in- lieve Senator SHELBY, I believe has dustry. But the benefit to homeowners been signed off by both. If I misspeak. and communities would be absolutely I am sure I will be told that. It is a enormous. So it is a. Simple amend- very "good government" amendment. ment. common sense. I hope we wiD It essentially says as we begin to buy have an overwhelming vote for it. these toxic assets from the banks, we I want to make my statement at this are going t o make sure there is no col- time. and however the chairman wants lusion, no fraud. no conflict of interest. to dispose of t he amendment, if it is ac- We are going to give the inspector gen- cepted by voice. that i s fine with me. emi the ability to get the information But if we have to do to a rollcall be- he or she needs to go in, perform an cause we cannot clear it. I ask that we audit. and keep this program clean. have a rollcall vote. The last thing taxpayers want is an- AMENDMENT NO. lll38 other scandal that r evolves around The second amendment t will be of- these hanks and all of the things they fering is one that Senator ENSIGN will did before. So this is an important be offering a second-degr ee amendment amendment . to. It is a. ver y friendly aecond-degree At this time, I think I have explained amendment. Again, I thank the Bank- both of my amendment s. I await hear- ing staff on both sides of the aisle for ing from the chairman as to a time to working with us-Senator DODD, in come back and speak for perhaps a particul ar--to make this a very good minute to generally summarize both of amendment. them. What we a re baaica.lly saying i s , as Again, my deepest thanks to Senator we go into a n ew program which is the DoDD. He has worked so hard. Without Public-Private Investment Program. his help, we could not be at this point which basically says that when we take on both these important amendments. toXic assets off the books of the banks, The PRESIDING OFFICER. The Sen- we want the private sector to come in ator from Connecticut. and give a value to those assets, we do Mr. DODD. Let me first thank our not want the Government doing it. colleague from California for her l ead- The priVat e sector plays a. ver y im- ership on t his issue. They are very portant rol e. What Senator ENSIGN and commonsense. straightforward pro- I believe is very important, a nd Chair- posals tha.t we think can improve the man DODD has agreed. is to make sut'e legislation. it is a very clean process, and there 1s And it is almost, in a way-I was not a process for collU8ion between the thinking. as my colleague and fri end parties. and no chance to defraUd. was talking, it is a lmost sad that we frankly, t he taxpayer s. have to h ave an amendment such as How could that happen? Hypo- this. You would almost t hink that thetically, you can have a bank that is there has got to be some law someplace trying to unload a toxic asset. They that would say what she 1s suggeRting want the most they can get foI' it. They by her amendment would be covered. can go to a private party and aay: Hey, In a way it is a tragi c commentary between us, bid a little bit more for on the times we are in, t he idea where t his toxic asset. we will give you a we have to say that. by the way. coll u- kickback Jater. They could not call it s ian is not permissible. I did not think that. We will take care of you later, it was anyway. But her amendment makes it certain in this legislation that that is the case. I am not s W'e the of order, but the first comments my colleague gave re- garding information about t heir mort- gages, again this is pI'etty .straight- forward. I see Senator ENSIGN is on the floor. and I will be brief, because I want him to be able to offer his amendment so we can move forward. But the idea that you can Hnrl out who owns the mortgage is pretty ::ltl'aightfol'Wal'u, Those of us with a lit- tle gray hair on our head-and my col- l eague from California has none, I want the RECORD to show. Mr s. BOXER. It t W'Il ed blond. Mr. DODD. I do remember when I bought my first home. an old 1710 cen- ter chimney cape house in Connecticut. I went down to the Old Stone Bank and got a mortgage. I could go down every day for as long as that mortgage was around and look at it. see it, and pick It up if I wanted to and hold it and do wba tever r wanted to do with that mortgage. Today. of course. because the world has changed. peoIlle buy a home--and. of course, put aside the issne of preda- tory lending and subprime mortgages and the rest-and that mortgage, with- in 8 to 10 weeks, on average , i s sold off. It i s securitized, as they call it. This is true of a lot of debt. It is student loans, it 15 credit cards, it is all kind of debt that gets seCW'itized. By the way, that is not a bad thing, because that provides liquidity, that provides assets for people so more peo- ple can afford to buy homes. But the Senator from California has pOinted out that you ought to know who that is. That seems t o me a logical request. If that mortgage has been sold off, who OWDB it? So if a borrower wants to be able to do something with it. you ought n ot to have to go t hrough and hire a private inve:3tigatory agency to find out who holds your mortgage. So whil e we respect the idea that securitization can actually be bene- fichu to t he community at l arge. if it deprives tha.t owner of the mortgage the opportunity to determine who i s the holder of that mortgage, obviously then we have lost something :in the process. The Senator from California has proposed a very worthwhile amend- ment. The New York Times stor y of April 24, 2009. notes: Advocates wanting to engage lendel'5 " face a challenge e ven finding someone with whom to begl.n the conversation," according to a report by NeighborWorks America. That is exactly what the Senator from California addresses with her amendment. Wjth whom do you begin the conversation? The conversation ought to be with the person who is holding that I endorse ber amendment and urge my colleagues to do so as welL Regarding the second ameudment, the other amendment offered by Sen- ator BOXER deals with the collusion Case 2: 11-bk-25627- _.L Doc 11 Filed 05f04f11 Entered 05f04f11 09:33:34 Desc M"in P"" .. 1 nf 1? ,.Ittton"leyor P....-p,<Naml!, MdresS", Telephone 8: F /iX Numbers , and California State BaI'Number fOR COURT USE ONLY A PAINO (SBN 25 1243) GI LBERT R YABES (SBN 267388) PITE DUNCAN, LLP 4375 Drive, Suite 200 PO. Box 17933 San Diego, CA 8? 17 1-0933 Telephone: (8bO)7S0- 7DOO Far::,;imi l,,: (5 19) 590-1385 Attomcyfor US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPOPATION MORTGAGE PASS-THROUGH CERTIFIO'.TES, SERIES 2006-BC3, Movant UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT Of CALIfORNIA In re: CHAPTER: 7 KENNETH ISAI HUEZO CASE NO.: 2:11 -bk-25G27-VI DII.TE: June7,LIlII TIME: 10:00 a.m. Debt or( s) CTRM: 1368 FLOOR 13th NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S,C, 362 (with supporting declarations) (MOVANT: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-BC3)' (Real Property) I , , , , I I I I I I I I i I , ! J 1. NOTlCE IS HEREBY GIVEN to the Debtor(s) and Trustee (if any)("Responding Palties") , their attorneys (if any), and other interested parties that on the above date and time and in the indicated cOUitroom, Movant in the above-captioned matter move thi s Court for an Order granting relief from the automatic stay asto Oebtor(s) and Debtor' s(s') bankruptcy estate on the grounds set forth in the attached Motion. 2. Hearing Location: lSI 255 East Temple Street, Los Angeles B 21041 Burbank Boulevard, Woodland Hills 3420 Twelfth Street, Riverside o 411 West fourth Street, Santa Ana o 1415 state Street, Santa Barbar 3. a. This Motion is being h ean! on REGULAR I'J OTI CE pursua nt to Local Bankruptcy Rule 9013-1. If you wish to OPPO,B !hi, Motion, you must file a written response to this Moti on with the Bankruptcy Court and serve a copy of it upon the attorney (or upon Movant, if the rrotion vvas filed by an umepresented individual) at the address set forth abO\fE' no less than "14 days before the above hearing and appear at the hearing of this Motion. b 0 Thi s Motion is being heard on SHORTENED NOTICE. If -you wish to oppose this Motion, ,'00 mJst appear at the hearing. Any w itten response or evidence may be fi led and served: o at the hearing Cl at I east ___ court days before the hearing. (1) 0 ./J, Motion for Order Silortening Time "",s not '''quired (according to the calendaring procedures of the assigned Judgej (2) 0 A Motion for Order Shortening Time was fi led per Local Bankruptcy Rule 9075-1 (b) and was granted by the Court and slJch motion and order have been Qr are being served upon the ejebtor and trustee , if any. (3) 0 A Motion for Qder Shortening Time has been fi led and remains pending. Once the Court has rul ed on tnat M Db on, you will be served \fIAth another notice or an order that l/lijll specify the date, time and place of the healing on the attad1ed Motion and the deadline for filing and serving a written opposition to the Motion. 4. You may contact the Bankruptcy' Oerk' s office to obtain a co py of an approved court form for use in preparing your response (Or;'tionai Court Form F 4001-1MRES) , or you rnay prepare your response using the format requi red by Local BankruptDJ Rule 1002-1 (Continc",d on next page) Thi s form is mandatory by Or der of the United Slates Bankruptcy Coun fo r the Central Distria of California. DecemtB, 2009 F 4001-1 M.RP Case 2:11-bk-25627 Doc 11 Filed 05/04/11 Enter",,,, 05/04111 09:33:34 Desc Main Document Page 2 of 12 Motion for Relief Imm Stay (Real Pmperty) - Page 2 0f 12 F 4001-1 M.RP In re KErmcrH ISAI HUEl D (SHORr TITLE) CHAPTER: 7 I Oebtor(s) CASE NO : 2 11-bk_25627-VZ 6. If you fail to file a: If\'ritten response tathe Moti on or f ai l to appear at the hearing, the Court may treat such failure as a''''laiverof yourright to oppose the Motion and rnaygrantthe requested reli ef. Dated: May4,201 1 PITE DJNCAN LLP Print Law Firm Narre (if applicable) GILB;::RT R YABES lsi GI LBERT R YABES SBN 267388 Print to,Jam'3 of Ir>dwiduai Movant or Attomey For Movant Signature of Individual Movant ar AI/arney for Movant This form is mandator; by Order of the United States 8ankluptcy Court for the Central Oistrict of California. D.cember 2000 F 4001-1M.RP Case 2: 11-bk-25627 I Doc 11 Filed 05/04/11 Entereo 05104/11 09:33:34 Desc Main Document Page 3 of 12 Motion for Relief from Stay (Real Pruperty) - Page 3 of 12 F 4001-1M.RP In re (SHORT TITLE) CH.W TER: 7 V"ENNETH ISAI HUEZO Oebtor(s) . CilSE NO.: 2: "-bk- 25627-VZ MOTION FOR RELIEF FROM THE AUTOMATIC STAY (MOVANT: US BANK NATlONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- SC3) 1. The Propertv at Issue: Movant moves for rel ief from the automatic staywth respect to follo'Mng real property (the 'Property"'): Street Address: 26840 Claudette St AparirrenVSuile no.: #22 9 Ci.'), Stale, Zi,o Code: Santa Clarita , California 9 1351 Legal description or document recording number (including county' of reDJrding): Lo'S Angeles County: lnst _ No 061564482 D See attached conti nuation page . 2 Case History: a IZJ A voluntary 0 Aninvoluntarfpetition under Chapter IZJ 7 0 11 0 12 0 13 was filed on: 4/1 112011 b. 0 An Order of Conversion to Chapter 0 7 0 11 0 12 0 13 was entered on: c O Plan was confirmed on (specif)' dale} d. 0 Other bankruptcy cases affecting this Pmpemj ha'le been pending 'JI.ri thin the past tvvo years. See Attached Ded araton. 3. Grounds for Relief from Stay: a. IZJ Pursuant to 11 U S.C 362(d)( 1), cause exists to grant Movant tI1e requested relief fnJrn stay as follows: ( 1) IZJ Movant's interest in the Property is not adequate"} prot ected. (2) 0 (a) [3J Movant's interest i n the collateral i s not protected by an adequate equit,' cushion (b) 0 The fai r market value of tI1e Property is dedining and payments are not being made to Movant suffi dent tel prot ect Movant's inte rEst against that dedine. (c) 0 No proof of insurance re Movant' s collateral has been provi ded to Movant, despite borrower(s)'s obligati on to insure the coUateral under the. terms of Movant's contract "With Debtor(s}. (d) 0 Payrrents have not been made as required by an A.dequate Protection Order previously granted in this case. The bankruptcy case ",.as filed in bad faith to delay, hinder or defraud Movant. (a) 0 Movant is the only creditor or one of very few creditors li sted on the master rnailing matrix (b) 0 Non-i ndrv'idual entity was created just pnor to bankruptcy fili ng for the sol e purpose of fili ng bankruptcy. (c) 0 The Oebtor(s) filed ,,;hat is cornmon'i referred to as a 'face sheet' fi li ng of only a few pages consisti ng of the Petition and a few other docurnents. No other Schedules or Statement of Affairs (or Chapter 13 Plan, if appropriate) have been filed. (d) 0 Other (See attached continuation page) . (Conl!rwed on ne xl page) This form is mandatory by Order of thB United States Bankruptcy Court (0 r the Central Dis1rid of California. December 2009 F 4001-1M.RP Case 2:1 1-bk-25S2i Doc 11 Filed 05/04111 Enterb ... 05/04/1 1 09:33:34 Desc Main Document Page 4 of 12 Motion for Relief from Stay (Real Property) - Page 4 of 12 F 4001-1 M.RP In (SHORT TITLE) CHAPTER 7 I ISAI HUElO I Oebtor(s) CASE NO.: 2:11-bk- 2.5627-VZ (3) 0 (Chapter 12 or 13 cases only) (a) 0 Postconfirmation plan payrrents have not been made to the Standing Trustee. (b) 0 Postconfirmatlon payments requ'ed by the connrmed plan have not been made to Movant. (4) 0 For other cause for relief frorn stay. see attached continuation page. b. [2] Pursuant to 11 U.S. C 362(dj(2)(A). Debtor(s) has/r,ave no equity in the Property, and pursuant to 362(d)(2)( 8) , the Property is not necessary f or an effective reorganization. c. 0 Pursuantto 11 U.S.c. 362(d)(3) , Debtor(s) haslhave fail ed within the later of 90 days after the petition or 30 days after the court determined that the Property qualifies as Si ngle asset real estate to file a reasonable pl an of reorganization or to DJmmence monthly payments. d 0 Pursuantto 11 U .S.C 362(d)(41, Debtor's(s) tiling ol the petition was part of a scheme to delay, hinder and defraud creditors that i nvolved: (1) 0 The transfer 01 all or patt ownershtp of, or other interest in, the Pmpetty the consent 01 Movant or court approval; or (2) 0 Multiple bankruptcylilings affecting the Property. 4. 0 Movant also seeks annulrrent ofthe stay so that the fili ng of the bankruptcy petition does not affect postpetition acts, as specified in the attached Declaration(s) . 5. Evidence in Support of Motion: (Important Note.' Declaration(s) in .upportofthe IVlotion MUST be attached herotoJ a. I25J Movant su bmits the attached Declaration(s) on the Court's approved forms (If applicable) to provide evidence in sUPI}orr ofths Motion pursuant to Local Bankruptcy Rules. b. 0 Other Declaration(s) are also attached in support of thi s Motion c, Movant requests that the Court consider as admissions the statements made by Debtor{s) under penalty of perjury conceming Movant's cJaims and the Property setforth In Oebtor(s)'s Schedules Authenticated copies of the rel evant portions of the Schedul es are attached as Exhibit 4. d. 0 Other evidence (specify) : 6. 0 An optional Memorandum of Poi nts and Authorities is attached to this Motion. WHEREFORE, Movant prays that this Court issue an Order t erminating or modifYing the stay and granting the following ("puffy form. of relief requesreq) : 1. Reli ef from the Stay ailovving MO\'ant (and any successors or assigns) to proceed under applicable non-bankruptcy l awto entofce its remedies to foreclose upon and obtain possession of the Propelt)'. 2. 0 Annulment of the so that the fi ling of the bankruptcy petition does not affect postpetition acts, :as specified in the attached Declaration(s) . 3. I25J Addi tional provisions requested: a. 0 Thatthe Order be binding and effective despite any conyers;on 01 thi s bankruptcy case to a case under any other chapter of Title 11 of th e United States Code . b. lSI That the 'l4-day stay described by Bankruptcy Rule 4001 (a)(3) be waryed. c. 0 That Extraorclina,y Relief be granted as set forth in the Atrachment (Use cptiona/Cour! Form F 4001-1M.ER). This form is mandatory Order of the United States Bankruptcy Court for the Central Oi!:trict of Calrornia. 2009 F 4001-1 M.RP Case 2:11 -bk-25621- _ L Doc 11 Filed 05/04/11 Entered 05104111 09:33:34 Desc In re KENNETH ISAIHUEZO M ai n Docum ent Page 5 of 12 Motion f or Relief fmm Stay (Real Pmp erty) - Page 5 of 12 (SHORT llTLE) Debtor(s). F 4001-1M.R.P CHA.PTER: 7 CASE NO.: 21 1-bl,-25627-VZ d. 0 For other relief requested, see attached continuation page. 4. If relief l rom stay is not granted, Movant respectfully requests the Court to order adequate protection. Dated: May4 , 2011 Respectfulf, submitted, USBANKNAllQNALASSOCIATION ASTRUSTEEFORSTRUCTURED ASSET SECURIll ES CORPORATION MORTGAGE PASS-THRQ(J GH CERTI FICATES SERIES 2006-BC3 iVlovanl Name By I s/GILBERT R YABES Signature ~ I a m e : GILBERT R YAS::S (SEN 267388) Typed Name of Individual Movant or Allorney for i';!ovanl 1111is Motion lor Rel ief from Automati c Stay shall not consti tute a ''aiver of the vvithin pa rty's right to receive service pursuartto Fed. R Crv. P 4, made applicable to this proceeding by Fed. R Banh . P. 7004 , nobMthstandlng Pi te Duncan, LLP's participation in tros proceeding Moreover, the vithin part)' does not authon ze Pite Duncan, LLP, either expressly orirnpliedly thl'Ough Pite Duncan, LLP' s parti ci pation In this proceeding, to act as its agent for purposes of selVice under Fed. R . Bankr. P. 7004 This form is mandatorj by Order of Ihe United Slates Bankfuplcy Court for the Centra! 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>::;<,.... .. - .... <-.!';;i' Doc 1" Fired 05/04-f 11 Tv1ain Document Page 1 09:33:'3.4 t arr; Dver 1 (5 years C7 tij'i'i :mpky+ed as -a Lega! SpsciaHst Of r.: i+)r'r;e {\;1crtgsge o.f'vVeHs Fargo N,A-i dba Ser,;\cing C<:mpany, m am t-6 rrmke this ciech=':fation U\8 Jean dBSCfii;6!J If caned tc- in -this rn2tter j testify unq,er 62th 2:F to the rcHow!i1g; 2. ti.-fe manner 2nd by whkri ':liFHfiir S art; Qf;Wrne<L pr0pateo) find 1(:O' S0 records aTe prepared .. by- or ;agents in the nf their duties Of r anctlor recor-d-6d at!? tXy Do8:$0(.-$ 01 the- mat!iHS if-my 0; -c-bt.ali1ed by -.;Atn These records are ke;:;t ;n ccn-ductei 0cthfnie-s, tt \-i<,t3S the re:gwc9r practicS' of Vv'Fi-1f,A to t r:;Ef'J'e kXKywt:adge ufthe 1'b.(;:s ::.;st herein b,,,' pe(svnaHy tBV;{;fj- ;ng ht:skless records Tr';e r;r1cr tc . .. - - .. tn6 .J _ ACCbrdjng: to' books and t!;e L{)an OJ" 2: p f C-fn!$S(!:-y note- by and deted 12, 20DH, tn the pnndpal of (the "Nets:} S $ $ 5yhfg:tl" s$cur-ed by # -deed of tr:..isi {the :CDed ::;< r Trust" } to the p.r-op-ertJ" '"X HHnO'0:y knw.:n ?;-S 2884-0 Sa"t-ri! Ci8tita. _, 9i-351 Th8 D:qBd; ro"; n,iS1 ihat :1 WBS reccfdf::d. 8e8 Exhibit :2 '1' Tt18 of trust to 8a.nk Nationai AssociaHon .. !nls-tee f:nr SaO_H"ttles ?J3ss ..:rhrcugtl Beries LuOB-BC;:3. ,t" (:'}P'V of P-:ssh;nrfvant of of js, ai.ts,;;he:c hereto 3. Doc i Fiied Q5fQ4i11 Enten 15i0411 i 09:33:34 Des!; DoclJrtl ent Page .-, 1 of'lL iC" ... :3Al tk;'iil'r)t :J ti!t4 'Ot do:-..e$ n:t'rt .fo! IT!f:d. c:'i" me
f; ,;;!i'i: k.- o M{:;--:;;;="'?: t 'la f:;-yj vbt&:; w-d it! ptr.:"1.1 7.;;.1.)/"c.cmet J: in p:'"lo1 thb t:i'c;:o::srti es $ t j-, 17ft ,) o f:::: ctJ5; J;.;5H;rti!'1- C(;"rel.:;;it'--Y1 Case 2 :11 -bk-25627 Doc 11 Filed 05/04/11 Entere_05/04/11 09:33:34 Desc Main Document Page 12 of 12 Motion for Relief from Stay (Real Property) - Page 12 of 12 F 4001-1 M.RP In re KENNETH I SAl HUEZO (SHffiT TITLE) CHAPTER: 7 I oebtor(s) CASE NO.: 2:11- bk-25627-VZ ROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversarf proceeding. My business address is 4375 Jutland Drive, Suite 200 P.O. Box 17933 San Diego, CA 92177-0933 A true and correct copy of the foregoing document described NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AvrOMATIC STAY will be served orwas served (a) on the judge in chambers in the form and manner required tAj LBR 5005-2{d): and (b) in t he manner indicated below L TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING C"NEF") - Pursuant to controlling General Order{s) and Local Bankruptql Rule(s) CLBR") , the foregoing document wi ll be served by the court via NEF and hyperlinkto the document. On May 4, 201 1 I checked the Ovl/ECF docket for this bankruptcy case or adversarl proceeding and determined that the fol lowing person(s) are on trl B Electronic Mail Notice List to receive NEF transmission at the emai l address;s) indeated below: US Trustee served pursuant to Local Bankruptcy Rule 2002-2( a) (2) o Service Informati on continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIUindi cate method for each person or entity served): On May 4, 20'11 I served th e foll owing person(s) andior entity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placi ng a true and correct copy thereof in a sealed envelope in the United Stat es t','lall, first class, postage prepaid, andior with an overnight mail serlice addressed as f ollows . Listing the judge here constitutes a declarati on that mail ing to the judge \,vill be completed no later tllan 24 hours after the document is f il ed. Ho norable \lincent P. Zurzolo u.s. Ba nkrupl cy Court 255 East Temple Street, SUite 1360 Los Angeles, CA 90012-3332 JosephA. Robelts 3345 Newport Blyd SI. 213 Newport Beach, C,A.92663 Kenneth Isa; Huezo 26840 Claudette: St, #229 Canyon Courrtry, CA91351 Carolyn AOye 3435 \I'o{ilshire m,..d, Suite 990 Los Ang eles, CA 9001 0 o Service information continued on attached page III. SERVED BY PERSONAL DELIVERY, FACSIMI LE TRANSM ISSIO NOR EMAIL Und.i cate met hod for each person or entity selved) : Pursuant to F .RCivP 5 and.lor controlling LBR, on I served the follm,"ng persol! (s) andlor enuty{i es) by person al deliver,;, or (for th osa wh 0 consented in writlllQ to SIJ ch servi ce method). by facsi mile tran smission andlor email as foll ows. Listing the judge here constitutes a declaration that personal delivery on the judge l::Lil!..l&. complete'l no later t rlan 24 hours after th e document is filed. o Service information continued on attache(j page I declare under p e n a ~ y of perjury under the laws of the. United States of America that the foregoing is true and correct May 4,2011 Michael Leewright lsI Michael Leewright Date Type Name Signature This form is rnandatory by Order of the Unit ed States Bankruptcy Court for the Central District of California. Deceml:er 2009 F 4001-1 M.RP r I ----- -- - - --- - - =!led 05f0411 -1 (s) i ". 4 Entered 05/04/11 . -" --," .. ! ,].:.:; 08:33:34 t ....\J. {LiBOR I n,:1 e-,., h:. The Sin::: .!GlJ'JI'.;';',') - R!Ji'l: Des...: Tt-t;S NOl'E PrfDViSfONS AJ . .l.OV1l'jNG FOR !rJ M'" ft.'; TE AND My PAYMSNT. NOTE UrJlrrS THE Mt iNl'EPE.s': p.ArE C;;N CH;'\NGE MoT eNE E Af-fD THE MAX1MUf:"1 PATE ! MUSr F"A .
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r---- D6/04.111 Q0:33:::14 --- - -- - --- - - - -- - -------- --. . RECORDEDlfH ... ED i!,J OFFiCiAL :tECORDS RECC:R:i ER'S OFF!CE LOS ANGEi.ES COUNTY
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u;1cer- tr,at ce1ak't ;Jee.o of 11i e-xe:ut&O bV i{t;N NETH tl vEla, A S!N3L'E M,A.r .. L 86 tc "fJ). SERViCE CCMF-'ANY. dn;; 2S he. Ci 7l17!20i6 . in Sock PE\Qe XR;;; , tr: c,f Count'! LOS CCl.;f3ty, Cri .. Exhibit 3 , TS #-: CA-1 i-eT Ii D:-1': i 1-1 FHs:J. 05/04fi -i Entered J E./04i l i Q9:33:34 Desc .. 4 38 38 }ss. Ci; :9j 4:0-10 c2Ite beior5 iii$", A!-Hzmmadl G! put(ic per-g'')rt ;:>'!] Eppeai"ed CrJna Srown. "'..,',10 k ,,..e cr. ba-sis of !$=3tsfat.:tC1'''"j {widence to be tIe wit:1if; instn.iiTnt and .-;t;Kncw!edged !e rre ;;ef;!'hB:t,1$)' same :" 9t"ci thai oy sig;-.ahJre{s);:';!i ir,5!liUmef';t tire pei'Sclr(s" cr th6 oni ltj UP-:.'Ifi behalf ;;;f the pt.;lfs:m{sj exo?cL;.teri t';e iJ'!st, "lm:et'tt : una.sr PEN,o..t i"Y C;: =ER";UR,Y lji, .ier thE of t"iC cl Ca;u!!:-:a ;s 3'1d Corfect 1 ... . . j JZ D&d 11-1 FimlM4l!'I/I:lIMI1 14)90:$94 DBlBsc <Iff:ml 1\1') ..\ (Offici .. 1 t,nUl .H) (J2il'17j Tn re Kennath Is ai CO," No. ___________ __ _ Debtor SCHEDULE A - REAL PROPERTY !iii.C :.:-pL J in::cu.;u bd uw. aU (1;.!I' pmp;;l"l)' 111 "",-hid, l11 :.; d ;:.h lUI" UlI)' h;gHl. :-.AjlriLabl:;. or [tlltu"..; im;; r:.:!- l., including aU pmp:.:rty uw :It.:u U!o l:! CUi.:'; f)lJll l. cUl llmuJlity Ilr i n ...... hit:h llll.!: dt:;bun 1m:. .1 11 ft! :,;!-Lm:; . lnd uuL: ./lll)' ill whfi: II lin: il:,;P1Ijr h nh.b righL" u!ul ;,; .... fl1r Lil :; (}wn b::IH!' IiL J r Lil ::: lh:bLor i:- !T1urriw. ...... h;,;lh:;r h u:-bum1. wift! . hl/lh. IJf 1.11:.;. mariw CUITIIl1UnlLy own lilt; p1"Up:.;rty by plw: lng 1111 "H.r "';.V," ".I ," \Jl" " C" 11l lll;,; t:UILlHI1l labdt.: u "H u:-btlJ1l1. \\.,' ;f:;, J uilll. ur C,'i.mllnLlIl1\Y. I ' Jr LIl;; u;,;hlur Imld:. 1m i llL:..:r;;:-L i ll n:1l 1 pmp;;ny, v.rl !.:.! ")lIB!;,;" Ul llh ..r lUll..! LUCUUOll ur Prupt!l"ly,r Vo ('"If'( in(' hll'e in (eren in e_1oE!('lI(Or'j' ('on(r'iI('l!/ .-rui une:x. pired le.-s: es: (I'll (hi, s(' h edule, Lis:( (hern ill SC'hedule t',l.eCulory IH'Id
J rlt l1 :';llliL}' Ltt 1m .. ;; ll li :::l l m' Jmhl U l Jl li.;l":.;:-l ill ally j>l'Up:.;rty . !-Ui.i;; til;; UHluunl uf l.h::: c lmln. S::.:.: Sch::dul:.: D. Jf llt) :.:mi ly dH1H1!o w huhl a !-t:t:un;u 111 lh ..: pruj)'': lty. v.-rill.: ":'\I 1HH;" i ll liJ:.: cu lUlTl1l lubd'-'11 "A lTl UUIl L urSt:t..: un!lll'I.IIIITl .' J flh:.: lokbLUf ,111 1 l I1di .. i..hwl tn' i fu ) U1111 p":..:Li llul1 i:- fib1. :- U.llt: til :.: UITlULlIIl uf ,lil y :,: x:': lll pliol1 dal ll1::u. III Llll: prup:...'tty ut ll}' itt Scil:':UUi:.: l' - Prup:.:ny ClujlTlt:U u!- Cs. l! lnp L lk:-criplit}1l ann Lucatinn nf jJmp:.: rty Debtor's Residence Location: 26840 CI.ude"e St , #229 Canyon Country, CA :-.l Ull'l"::: or j IlWn.::-.l lll Prup:.: rly Fee
Wire, .IHil1L. HI' CU1T1ll1unity c Sub-Tuutl > t.'LLW.:1ll v tllLL:'; I)-r l):::huJ e:- Il1l::: ['.: :-t 111 PnJp:.;n .. . witlmul 1);;.Uucling' ml), S:,, 'C ur'-!u L'hLiln UL' liXL.: InPliull 189,000.00 189,000.00 189,000.00 AITlL;LLlI l ur S:':CUl1:u Claim 360,076.07 {R'.:ptm.td .. o IJIl 4 Page 49 Ca,-iJ B3I1m'jJc'f .12 DEil:od 1\-1 FiI6il1l<lll<OOJOI4t111 DSlBsc fl'ame3G' Gff3HJ Tn Te Ken n e th Is ai Hue zo Case No. _____________ _ Dohlor SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS S.HU.::: til,: Ilam.:: , lTI.ailillg 7ip COd ':: , !Hid four digin ()f.;my -<iCcmJlll uumb.:r 01" l.lU .:ntiti.::x , !.:lim!' ;.::cur.: d prop.:J1y of th.:: d.:tnor a:.; of til.:: nat.: of 1iting fit" 11,,: p.:tition. 'Th.: compt..::I': a('('oIJ/u lUJ mb.:r df any account th..: d.:::btm' hOI" with til..: cr.:diHH I:;; lE.::fut t{) lh.:: 1m;;!,:,: ,iIH' tlo.:: cr.:dil(H <:md m,ay h..:' l'I'i1viikJ if I IlL: d.':bUH cham . .:;; t{) d{) so. l i;;:! cr.:diwrs Iwldil lg !l ll typ.: ;;. {if s..::!clJr.:J int:r..:st ;.; ;;l.ICh :1 S. j udg; m..:m '>toit!Jtory li'::IH, mOll gag..: .I>, tI.::..:d;; nfirus.t, .u'td I,d .:!" ;;':(' lJ rU:v li;;t c- r.:::diton. i n tllp hahctical i1r<l.:r tt) 1h.: '::Xl.:lll pl"xtic;,;bl...:: 1'f'l millOr chilJ i;; :l ;:o r.: ditor. til.:: c hild \. illill:lL;; tl lHI til.: 11.1IY1..:: acldt,:: .. ;; uf til.: child's or .g-w\rdr.tn, :i lJCh ll;; ";\ .R . mil)()!' child, hy ]{Ilm Do.::: , g:u'Hdum." Do IHJt di"",l m..:: Ih..:: ('hild';,; I\ :iln..::. S-.:: .: . I I U.S.C. 11 2 F.:d. R BliI\kr. P. IO07{1n)_ 11 :11l i.:cur..::d will 1\(11 fit Oil thi;; t/ ..:: COnlin lJ<.;IKJI\ provld.::- d. If .my .:'In it)' O;:l":-f t ll:.m III j Ol tlt ca;.;,:: tmf;i b.:: jOllltly li.:!bl.: {)II !\ d :'ILI'll , 1'1.'1(''':: :HI I'X" ilt tl..:: ('oI. umll I:lb.: l,:d "Cod.:mor" .ll\(' lud.: th,:: "::'11tll)' tl..: :tppropri:n.= scl,,:dlJk ",.::dllor,., .;:md compl.:t.:: Sd...-:dul.::: R C.od.-DtOl"i . Tf OJ jOlllt l"Io": t l: lol\ l;; 1il..:.:I , i l<!t..: .. th..:: hu;;inm.:l, wifL, bot h i)f th':lll , or tl..:: 111;:l ri t:, 1 mmrn unit)' nm)' li!\b1..:: <m "::':1("1\ d ai m by pl;\cIllg an "H", "V\,', "}I' , or "{7 III til.: ('{)( ullm t.ab .. ::l..:J "Hush.:\l ld, \1,.'i1;: , ]uiJ1!, or COIllIl1 Uil lty" . 1f i ll..:: claim Ii C(lllti ll:!:l ..:: nt.. ptac..::. .lIt "X" t il t h.: m iulll n l.,b.-:L.: d "C;.II lti ll..::nt". 11" th.:: clni:m Ii ulliiq utti;;t..:d , pt:\<"..::: :j n in tt..: column '1 f!lli.quidat.: d". If th..: dl.ltrn di ;;put..::d , plac.:: al l x"" in th..:: colunm l:Jb..: i...::' d "UL'->pur..:::d". (You may !l.:'..::J tel P\.'K":: .11\ ill th.an WI": of t l\.: ;;.:: t lu ..:..:: ".nLumIE.) T<nul th..:: "o[IJ IllIE !:.lb.:L..:J " ..\rlHlUllt ofCl.aill'1 ,1/i lholJt H..:::dLJr tiag V,,[u.: .0:1' Coll:rt.:: ml" mod "lJr, ,,,",("ur..:: d P nr tkm. ii An)" " in til..: . .::;; lab..:: t.::d ''Tol:il(s)'' 011 th,,:: l:n;t .. Il.:.:!: -1'1' til..::. -coll1pL.:t.::d 5C11L' dul..: . R..:pOl"T. tit .:: Totol! f rom tI..: ('owm,. bb.::l..::d P/\f7IOOIll of CI:lll11" ,,1;;(J Oil th.:: Sumlllllfy ofs.ch.:dui..::;.: :md, if Ih.:: d..::bt ... r I;;' :11' illdi ....U1 u:-d with ..E.!Ll1la ruy consum.::r d.::hts, r,::pVlt t Il ':: 1lJwl '''mlll 11\..::. c.ol.Wlll1 l:lhd ..: d POlt iwl " (I n til..: S: ulllll1:1ry of C':It.alll ;:mel R.: lat..:d D-.lt:l. D Clk:ck thi s hox if d.::blOr 1\;15. 00 {' r"ditUG holding d;\iITl5 h") r..::port ()rllhi." Sdh:!duk n. -Nil'!! ..hinl Of CUmtnlll il.' U 0 OF CREDITOR 'lA:\lE 0 0 " I t:LAJ.'1 A.'\jI) \-t AILJ."\I{j Al)l)R1..!SS D H DAT li ('LA 1.\1 WAS " L 5 ' J).IS.uCtJRU) E :"JA'J"UR, U OF LllL\I. A:'UJ T I P \\,:' rrHOU' j' J)JC' U JlJ J:.J(i LIP CUDE. s
I Q u VUDti(," ]' I:'-l{.i
A:'\I1) A :'JU :\l 13JJR T J DC'SC'RJPTJO:'-.I A\lD VALUU N u T A'lY {) 0 ()J' PROPERTY G I E V ALliE ()F (S;;l; I n !<o l t1. ll'll UJl'' abu ... >:.) R E 0 D CULLATliRAL Sl.1BJliC''J" TO " A ACC ULLJl l :',ju- 1061100224051 Ope ne d 7114106 Last Active 1001/10 T T E Allege d Loan Servicer for 1 st Deed of 0 AfJle ricas Se rvicing Co Trust PO Box 10 328 Debtor' s Residence Oes Moi nes, IA 50306 Location: - 26840 Claudette St, #229 Ca nyon Country, CA ; , I
I I I V.ulu:.: $ 189,000,00 t 293,091.07 104,091.07 i AI.:t.:DUlll:'\lu 1061100224052 Opene d 7114106 Last Acti ve 7101110 I Allege d Loan Servicer for 2nd Deed of I Ame ricas Servicing Co Trust P O Box 10 3.28 Debtor' s Resi dence l Location: l Des Moi nes. IA 50306 , - 26840 CIa udett e St, #229 , I. Canyon Country, CA I VUl l L:! $ 189.000.00 66,987.00 66.987.00 A'..'CUlml :',ju-. 70400263101810001 Opened 10/15106 La.t Active 12126110 I Security Agreement I To,01;) Motor Cr edit Co I 44Q E Huntington 0 r SI.e 2007 To yota Prius I Arca dia , CA 91006 Mile.ge: 122.000 I - Loc;)i ion: I Debtors' Residence 4 ,477.00 I $ 6,99 5.00 11,472.00 Ai:1.!I}l! IJl \ 11..1. I I I , I I I I Valli:; $ I Suhwwl 0 ctHlli IILl H.li ,-HJ aLu tchoo 371.550.07 175,555.07 - - (,fuud pago.;) Tuut l 371,550.0; 175,555. 07 1 (\{t!f"J OLt 0 11 Stum mt!) vr 1->'1 Ihit 4 Page 50 Ca:H UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY This case has been assigned to District Judge Consuelo B. Marshall and the assigned discovelY Magistrate Judge is Victor B. Kenton. The case number on all documents filed with the Court should read as follows: CV11- 7818 CBM (VBKx) Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions. All discovery related motions should be noticed on the calendar of the Magistrate Judge = = = = = = = = = = = = - - - - - = = = = = = = = = = = ~ = = = = = = = = = = NOTICE TO COUNSEL A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs). Subsequent documents must be filed at the following location: [X] Western Division 312 N. Spring St., Rm. G-8 Los Angeles, CA 90012 U Southern Division 411 West Fourth St., Rm.1-053 Santa Ana, CA 92701-4516 Failure to file at the proper location will result in your documents being returned to you. U Eastern Division 3470 Twelfth St., Rm. 134 Riverside, CA 92501 CV18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
United States v. Elizabeth Simonson King, of The Estate of George Stewart King, Deceased, and National Surety Corp., A Corporation of The State of New York, 322 F.2d 317, 3rd Cir. (1963)