NOTICE OF ENTERED ORDER AND SENVICE LIST

Notiee is given by the court that a judgment or order entrtled ORDER GRANTfNG IMOTION FOR RF-L}EF FROM THE At TOUAIC STAY UNDER 11 U,S.C. 5 362 (Real Propefi) was entered on th'? date stated as 'F-ntered' on the first page of this judgment or order and will be served in the manner stated below:

1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NER: Pqrsuant to controlling General Order(s) and tElRs, fie foregoing document was served on the following person(s) by the rlourt via NEF and hyperlink to the iudgment or order. As of December 20, 2011 , the following person(s) are cunentltr on the Electronir: Mail Notice Ltsl for his bankruptcy case or adversary proceeding to receive NEF transrnssion at the bmail address(es) gated below

r . I o o r . r . r r o . r o o o . 'r r
2.

Adam N

Bauer rbauer@mileslegal.com DouglasG Boven dboven@reedsmith.com

Richard J

Barasch

anb@severson.com

Rpelusi@reedsmith.com

MarkDomeyer mdomeyer@mileslegal,com
Todd S Garan eclcacb@piteduncan.com Nancy S Goldenberg nancy.goldenberg @ usdoj.gov cdcaecf @bdfgroup.com Gerald S

Kim

SBlarKorschum ecfnotrces@ascensioncapilalgroup.com Jeannette Marsala jmarsala@pralc.com, cmartin@pralccom

pkraus@ marshackhays,com, rmarshack@etll epiqsystems com Christopher M McDermotl ecfcacb@piteduncan com Brian A Paino ecfcacb@oiteduncan,com Matttew J Pero mpero@afrct.com, bcruz@afrct.com Lee S Raphael cmartin@ppdaw.net
Riehard A Marshack

(TR)

AviSchild
Ramesh

avi.schild@atlasacq.com

Singh claims@ recoverycorp.com Eric J Testan ectcacb@piteduncan.com

Bnan H Tran btran@mileslegal.com ustpregron l 6 sa ecl Unrted States Trustee cdcaed@ bdfgroup.com Darlene C Edward T Weber . bknotice@ rcolegal.com

(SA)

usdoj gov

Vigil

ot thrs notice a!d.1lrue copy of this iudgment 0r oroer SERVED.BY THE COURT VtA UNTTED STATES MAUi: A copy addre$(es) to the following pers')n(s) and/or entity(ies) at f're was sent by united states mait, first ctass,

p@ffiffi,

stated below: Valerie LoPez 158 North Center Street Orange, Cn

g?866

3. TO

which pARTy Within 72 hours afler receipt of a copy of this ludgment or order BE SERVED By THE LODGING copy beanng an "Entered" stamp wit serve a comprete ,Entered, stamp, the party rodginffie judgment oi bears an 9._d^.-, o{service of the entered order on the tranimrssion or e*uii uno i'tu a prool united states mail, ovemight mail, facsiilrrte bv and/or emailaddress(es) tt',.'.J!r"is1es;, tacsimile tiansmission number(s1' fdtlowing pefson(s) ancyor entity(ies) ", sated information coninued on attached page

.\

below:

Service

: r-TltiiilitneGnt'alDistrxJ of Caiifomia I 'oruseinlheUnitedStatestsanxruptc.'*j1.i.oRDER.RP

Meflbe(nll

"We the People, All Rights Restored and Reserved, Never Waived, Valerie Lopez, here\ states that she has caused to be mailed or served upon the aforementioned Appellees and their attomey of record a true and correct copy of this: STATEMENT OF ELECTION/DESIGNATION,n3nn OF INTERLOCUTORY APPEAL, Motion for Permission to Appeal In Forma Pauperis & Support Order for Motion for Relief from Automatic Stay Dated l2/2012011was sent out to those herein by certified return receipt mailed by the United States Postal Services as required by State and Federal Rules (4) on or before January 3rd. 2012. ccl CHRISTOPHER M. MCDERMOTT Richard Marshack TODD S. GARAN Marshack and Hays LLP PITE DLINCAN, LLP 870 Roosevelt 4375 JUTLAND DR. STE. 200 Irvine CA92620

-J$, "V

Kt"tJ#',tJo. ,rn,
T}TE I.INITED STATES

-s734

{q ct 7 - 3zo ,615

BANKRUPTCY COURT FOR THE CENTRAL DISTzuCT OF CALIFORNIA AttrT: OFFICE OF THE CLERKS AND JUDGES CHAMBERS IIIAND DELIVERED] RONALD REGAN BUILDING 41I WEST FOURTH ST.
SANTA A}.IA, CA. 927 OI -4593 WELLS FARGO BANK, N^. fuI?5?O73Y5 420 MONTGOMERY ST, SAN FRANCISCO. CA. 94104.T207

U.S. Bankruptcy Panel of the 125 S. Grand Avenue pasadena CA 90110 /+rd.ful,)*'n '3ay+.

9ft

,o!

M "i"a^l tr"''k*d1
hlaU

l-3-7ot >
fl*ileau:i 5Y

0rtooP"h 1 t q-10? -)Kao

N',Wq{* q?NLL

NOTE: Wren using this form to indieate service of a proposed order, DO NOT list any person or entity in Category l. proposed orders do not generate an NEF because only orders that have been entered are placed on the CIWECF docket

PROOF OF SERVICE OF DOCUMENT

I am over

t^"'T:;Flj:U;UH;::Fq
oes,prie

se

or adversary proceeding Mv business address is:

A true

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or was served (a) on

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judge in c

nrannEfrequtred by LBR 5005-2(d); and (b)

in the manner indicated below:

B/N}
t.

BY

br
to the document. On

- Pursuant to controlling General by the court via NEF and hyperlink tt-^!^^r.^a 5^. lhie F,-^lzrr rni^\/ naeA nf ^. t-cneixeO the CM/ECF docket for this bankruptcy case or
'NEF")

:1ll"""".Tffil.ilg;;;;;;Gi';eontneE|ectronicMai|NoticeListtoreceiveNEF below'
transmission at the email address(es) indicated

l-'l

page Service information continued on attached

ofl,' 3j''mJ,Tffi;'cingatrue1:j"j,^",::::?I]iT::j]:".1:1"[ffl:.'?ffii'ff,yil,:,' nred 3?i$ii:lH?;:3:5:',#i1i&:;JlHJ,5'lllL';:;ruffiii::y.:::g::::1.':,H?ili.::J*'"ll''J?,i.';'"* tfrfi,# ffi";ili;i;;;l;i';tnan z+ hours after the document is *?$#.1'J'[:ff]i;liriifii'":!",':
D
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page Servlce informatron continued on attached

<V'L'.

3lti entiWserved):PursuanttoF'R.0tv.r'5ano/orConttU||lI|gLLJI\'vl'ffirvicemethod),by p-"i'-"*l!,"]y3ry;"ll?l'l,n^l3i;l' :if:i11":::$"1:'ffffi[i:#l:?:.iiion

person(s)and/or mffi:"#il':J:Yg::)i"#:'""trffi[i:'it{ui#r*"t:::if t:lii*'"'a is filed r"t"r than 24 hours aff6r the document entrry(i".) uv

for I served the following

that personarderivery deiraration tnat personarderive' on

ffif.ru""U! r"'ioi.pr!i"c-no

attached page Service information continued on States ol Amenca, penalty of pequry unoer the laws of the United is true and correcl

This form is mandatory.

Ii-n-Gffippr.oGd

for use

bY the

@ral

Districl of califomra.

F 901 3'3.1 .PROOF'SERVICE

August 2010

^O\V \)\-

.$$\nIn re

01/05/12 Casq.B:10-bk-22755-RK Doc 165 Filed 01/03112 Entered 01/U5/' 09:49:31 Main Document Page 1 of 13 -r

t\L

UNlrpp Srnrss BANKRUPTCY Counr

FILED
?01?

forthe cENTRAL DISTRICT oF cALIFoRNtA -SANTA ANA Dwl

JAlt 03

VALERIE LOPEZ,

Appellant
WELLS FARGO BANK, NA,, Appellee
v.

)
) )

Bankruptcy File No. 8:10-BK-2275s-BK

)
) ) )

RYBAP CASE same No.CC-l l-1713

VALERIE LOPEZ,
Appellant

) )
)

Chapter 7
Fed. R. Bankr. P. 8001(e); and

28 U.S.C. sect. 158(a)

OF ISSUES TO BE DESIGNATION OF RECORD ON APPEAL AND STATEMENT PRJ'SENTEDCOURT: pleadings/transcripts and the rccord The Appeuant hereby designates the following
on

to the Appeal and rcquests that the same be transmitted of the Ninth circuit:

u's' Banknrptcy Appellate Prnel

the Automatic stay witb supporting Notice of Motion and Motion for Relief from to Wells Fargo N.,{') REAL PROPERTY Declarations (N9TE with endors..r"rr Party of 92567 Filed by Creditor and Real RE: 30160 Merrell Avenue ?ll4n0tD lnterest Welts Fargo N'A' (Docket 28 dated

N";aA

2,Declarrtionre:SupplementalDeclarationofBrokerVictorPeredaiusupportof bv creditor and Real Partv of Interest Motion for Retief from Auto;;;ii;irircd
Wells nutgo (Docket 29 dated

X,a' - RE: related to documents

}ll4n0ll)

Docket 2E

g}1Ll',The case Judge 3,uHna|lllearingforMotionforRelieffromAutomaticStaySETfor3/15/201r santa Ana cA AM CRTRM 5D 411 W.lii sit"et At 10:30
Robert K. Kwan' stav 4,ResponsetoMotionforordertoTermiuateMotionforRe}ieffromAutomaticStay M;ri* ;nd {olion for Relief from Automatic cA (related o*r**"t(s)?g Notice_;; R;;**"ry *, 30160 Meffell AveNuevo

with supporting declarations Requirements set) N.A:Hril;io-i'ottouion (special 92s67- Issue welts Fargo rrust and rtt-g"larities Evident' Deed of n show and Fraudutent Assign."nt "..i.i. web site of FREDDIE MAc to be bifur.r; ;;;thentiLted NOTE appears

Case 8:10-bk-22755-RK Doc 165 Filed 01103/12 Entered 01/05/12 Main Document Page 2 of 13

09:49:31

Desc

Deed of

Trust owned by Freddie Mac and not Wells Fargo N'A' But Wells Fargo contract N.A. claims it owns thenote. Bifurcation of Note and Deed of Trust makes voID espscialty since epparent n0n-fransfer 0f N0TE not pas$ed to Freddie Nlac and Securitization took place without transfer of Note - serious criminal activity and invOlving unregistered security in case note never transferred to FR'EDDIE securitizstion took place. @ocket 32 dated 3ltl20ll)

5.

valerie Lopvz RE: related Debtor,s Amended certiticate of service Fited by Debtor from Automatic Stay' Document(s) 28 Notice of Motion and Motion for Relief (Docket 33 dated 3/3/2011)
due 3/1l30ll' statemeut frled by Debtor valerie Lopez' Disclosure @ocket 34 dated 3/3n0f 1. statement for BKll is presented in Motion to Extend Time for Filiug Disclosure

6. Disclosure

comptiancetoLocalBankruptcyl00?.1(e)filedbyDebtorValerieLopez. document(s) from Automatic Stay related Late due to Rebuttal for Motioo fo, nJiti (Docket 35 dated 3.l4n0tD' 28 being priority uod oo"*pected taslc

8'BKllCbapterllReorganizationa|PlanfiledbyDebtorValerieLopez.
(Docket 38 dated 3/142011)

g.MotionforApprovalofBKChapterllDisclosurestatementfiledbyDebtor y11,n0ll) (Docket 39 dated

Yrlerie Lopez"

l0.NoticeofllearingContinuedFitedbyw.tl'Farg:x|(nn:relateddocuments next at Brown to appear for questioning

(Zg). Judge

Ordered Ciina e1e11{o3. of corporate Assignment' hearing scheouteJ ior 4t82011 dr.;;iiGar to attend 4/8n0ll hearing' Erpert Witnesses of Debtor Prepared (Docket 36 d|ted 3/r5r2011) at l:30 docum-ert(s) !! set for 4l8l20ll Hearing continued for REI related CA 92701' rl, 3/152011 Street Santa Ana PM at CRTRil"D cii-w' a.

no'ri f*an

12'StipulationbyWellsFargoN.A-a-ndValerieloPlforContinuaDceofEvidentiary Automatic Stay filed on

Hearing oo wriir-i".g"

fr-.*1ffi;;;Retierfrom

4nnln,ToddGararofPITEnunica.xLLPattornevforWellsFargoN.A. hearing inletting extension for uoo ,.qo",.ri cooperation contacted varerie Lopez preparJcHINA BROWN for court requiring-more time to
due to
be

Brown witnesses required china v"r"titli;;' ;;;p; ut o"rt hearingwhich is now cslled a room questio;;';;"' to appear status cour.rlnce. According Kwan), stutu' iooi"*ot'

pITE DtJI{CAN

to

i'i'r'rii" eJ "*:::"t:l Jtit1s"[1fi"-il*;iO' bepresentinc.ourttosupport i:[:f'"ili,,:til:l'"iil'fl'3fi i$i"#f'l'i"ff agreed to extension

Lopez,s ,.luttur uoa oefend Dtrxcex requested uy

present,.d;ft;il;r;-;.*uo"i (Garan communicated to Garan

with office of Judge

rirg

Rriief from stay, Lopez "q"* potLet 4l dated 4llrzgrr)' Lip

Case 8:10-bk-22755-RK Doc 165 Fited 01/03/12 Entered 01/05/12 Main Document Page 3 of 13

09:49:31

Desc

13. Hearing

@K Motion) Continued (RE: related documents !! Motion for Relief from Automatic Stey. Garan advises Lopez thet Judge Kwan's oflice stipulates that extension of Evidentiary Hearing cannot occur. Judge Kwan titled next meeting ..Status Conference for Motion for Relief from Automatic Stay" and will serve solely to see how both parties ale doing in preparing evidence and witnesses for Evidentiary Ilearing, Status Conference for Motion for Relief from Automatic Stay set for 6nnLfi at t0:30 AM Crtrm 5D 411 4tb Street Santa Ana CA (filed on 415f2011)
Hearing Held off Calendar (RE: related document(s) p Motion for Relief from Stay. 4/8lZ0l l original evidentiary hearing taken off calendar on 4l8l20ll, (Filed 4BnOrD.
Fargo Valerie Lopez files objection of Proof of claims under BK I ltiled by wells (3 loans), Bank of N,A, Jp Morgan, waciovia Mortgage aka wells Fargo N.A. America N'A' Issue$ America N,A.(z); Real Time Resoiutions representing Bank of Robo Signing promotiug Vateiie Lopezto Object to the Proof of Claims is iltegal claims are not the filing after Debtor filed fXit. Robo Signiug is Red Flag parties 54, 55' 56 all dated 4n0n011) real party of interest (Dockets 50-, 5l;52, 53, to Proof of claims filed by of Motion to continue BK Chapter 11 Oblectj:t 53' 54' 55' 56 Debtor Valerie Lopez RE: Docket 50, 51' 52' (Docket 62 dated 5/23/2011) and Motion for Relief from to ( related to document (28) Notice of Motion

14.

15.

16. Notise

17, Repty

AutonaticStaywithSupportingDectarationsREALPROPERTYRE:30160 in Real Plrtf of Interest as communicated Merrelt Avenue Nuevo CAg2567 fi; by Note was establishes that reply brief weits Fargo N,A creditor. Repty_Brief3ls.o cOrporate of Note wetts'Fargo N.A. and tbat endorsed to 1 Exhibit A dated "pprr*t"o*"o"r *..i' all legal ,.quir**rs. (pocfet 66 Attachment
Assignment s2?/2011).

of claims filed by Debtor valerie contiuued for BKll obiection to Proof PM 18. Ilearing The nexttgline set for 7n6n0tl2:30 LopuzRE: 50, 51,52,53, 54' sS' oiJlO'gi701' (Filed in Docket 5,,112011) Crtrm SD 4lt 4tb Street Santa n""tn

lg,ValerieLopezfilesaStatusConferenceReport(UpdateonPreparationfor for JnJ,itt4 Qhina Brown Appearance Evidentiary Hearing - Foundati* for Motion for Relief from Automatic g1 ;sr einOll status c*r.i.""" Questionin that clerk if going to c_rerf cr;;;;;;*lvut.ti.-Lopez Stay with n."r.*p,"y tti, copy to Judge Kwsn's office' xrruo,, oif,"" uoo ,nitt a.u""r Judge
(UocXet 67 dated

6rcngn)

Held' Garan-and Judge for Motion for Relief of stay 6n nlll starus conference 20. met by PITE DUIIICAN to Oi*cus"d all requirtttoi' hearing Kwan dominated lack of c0opsratioD "nO untrue statements re: my of granted lift of stay. Garan a.nnt^ be all my lenders' I' Misconduct and ;;#;.r,utt.ogiog concerning modilrcation

Case 8:10-bk-22755-RK Doc 165 Filed 01/03112 Entered 01105/12 Main Document Page 4 of 13

09:49:31

Desc

committing fraud on the court prohibits Lopez from recontracting with Garan and 2. Lenders all initiating itlegal robo signing and this is the basis of my Obiection to Proof of Claim. Lopez waited for opportunity to intelligently remind both Garan and Judge Kwan about irregularities and extensive evidence that Wells Fargo N.A. is not the owner and that CIIINA BROWN is a foundation to Lopez's rebuttal. Lopez's expert witnesses were standing by waiting for Court to establish China to attend court room at hearing, so experts could attend to estsblish and prove Wells Fargo N.A. has no standing prudential or constitutional due to legal issues. This meeting was not a about determining how both sides were doing in preparing evidence and witnesses for finat Evidentiary Hearing. This Status Conference for Relief from Automatic Stay was used for the benefit PITE DUNCAI{ LLP to establish GARAN's opinion as to why his firm should be granted the lift of stay. Lopez wss not permitted floor to commuuicate for her defense. China Brown diplomatically and skillfut was taken out of bearing equation and not discussed at ati. lstatus Conference for Motion for Relief from Automatic Stay Meeting filed in Docket on6fl?0ll). ll to 21. Motion to Convert Case Under 1l U.S.C.706 (a) or 1ll2(a) from Chapter for BKl1 and inability to Chapter 7 due to inabitity to find aflordable counsel p*pur. for BK f f OUjection to Proof of Claim Hearing set for 72,6n011' Debtor obtain counsel on went to BK Clinic tocated at 411 4th Street Santa Ana CA 927A1to that Motion for Relief decision to convert from BKll to BK7 and counsel advised to Proof of Hearing would be delayed and standard procedure for BKl l Objection 6n4nuD' claim Hearing to be taken off calendar and cancelled. (Docket 68 dated r112(a) signed by u.s.c' section 22, Order on Debtor,s Motion to convert case under Trustee 6n}n0ll' (Docket 72 dated 6fZ0n0tl)' 28 Motion for Relief from 23, Notice of continued Hearing RE: related document(s)

AutomaticStaywith,uppo,tiogdeclaration'111!PROPERTY30160Merrell 411 7n6nu1 10:30 AM CRTRM 5D Avenue Nuevo CLg2567 Next f,earing set for g270t ( Docket 7g dated 6n9n0l1) cfi st*.t santa Ana cA Served on PITE DL1NCAI\ LLP on 24. Notice In Lieu oiSobpo.oa Dues Tecum facts to court by wells Tnsnuldue to irregularitie* arro misrepresentation of items requested to establisb transfer Fargo and pITE OUfrcex LLP . Accounting

do not reflect transfer from Freddie Mac to Wells f";; X.,1. tin"t-tndorsemtnts deed of trust has been tbe note and from Freddie to Wells Fargo N.i. As it stands bifurcated (Docket 83 dated TnZnUD' Motion revised brief RE: related document(s) !! 25,7n5n0|1 Valerie LopvzSubmits specific facts and also exhibits for Relief from Automatic Stat confirming confirmingFREDDIEownrth*mortgage;C9-Toi"t"AssignmentisFraudulent; of rleup BOOK and Erhibit 2 Affrdavit submits Exhibir I MERS CERiii'iiili LynnSzymooi"xNationwideAcc|aimedMortgageFraudaudRoboDocument zorii" suodav and Exhibit 3 Prepared Expert r*toi.J on CBS 60 ;;;tpttr AUTHENTICATED web site Neil carfield - MERS PA&;;;'MERS owner of the note' Page from By and not confirming wells Faryo is theiervicer that FREDDIE MAc owns the M-ac's authenticated;; rit*.oonr.ing Freddie on the Corporate not be W;llt Fargo N't'::reflected mortgage D'NCAN LLP and signed by cHINA '"J'nt"fO o",ro ll-1-2011 "r""i"*tntt' essignrrn't

BRowN.(filedafterBankr"p,.vfli"eglIt*9.10.10-ignoringautomsticstay wI{Y PITE DUNCAN's al| 3 exhibiiJ#plariuNc

1l U.s.C,362(a))

Case 8:10-bk-22755-RK Doc 165 Filed 01/03/12 Entered 01/05/12 Main Docurnent Page 5 of 13

09:49:31

Desc

CORPORATE ASSIGNMENT FRAUDULENT AND the Affidavit of Susan Bowman fraud and misrepresenting material facts to courl Judge Kwan continues hearing so court and PITE DUNCAN cgn resd revised brief of Lopez more tboroughly. At bearing Judge refuses to sllow Lopyz to complete Objection Statement. Judge Kwan in rage of anger and directs I'opez to disagree as oppose to object to PITE DUNCAFI's statement about'{standing being established at last hearing of June 7r20ll. Lopez not given floor to explain thoroughty issues supported by evideuce- Exhibits l,z &3 (Docket 84 dated 7n5n0l\
26.

Atfidavit and Summary of Valerie A. Lopez Filed by Debtor Valerie Lopez R-E: related document 28 Motion for Relief from Automatic Stay @ocket 85 dated

7nsn0rD.
27, Final Notice of Demand and settlement Filed by Debtor

valerie Lopez due to ft?"g and and misrepresentation of material facts submitted to court by PITE DIJNCAN wells Fargo N.A. employees susau Bowman and china Brown RE: related 7 nln0lD. document p Motion for Relief from Automatic Stay (Docket 86 dated
Tecum Proof of service re:Notice in Lieu of subpoena Dues from Motion for Relief Filed by Debtor valerie LopezRE: related document(s) 28 Automatic Stay,( Docket 87 dated 7l25l20ll)

28, Amended Date served

2s 29. Hearing continued RE: Related Document(s) t, 2, 3 that Prove wells Fargo N'A' is not Judge Kwan advised by Lopez of all exhibits Mac owns Deed of Trust and should the real party as represented to court and that Freddie should not be in possession-of note have been ransfened note and wells Fargo N.A. back to Wells Fargo N'A' Illegal unless endorsements show Freddie Mac elndorsing of material of facts established by possession of note is evident and misrepresenwion Objects to Pite Duncan's completed Lopez to court. Judge Kwan i, our *griwhen.debtor directs established al6'7 -2011 hearing and statement statingli"at "standing" hadieen in in i.utofieopardizing her case and evidence Lopez to disagrJe rather than Object.
subject Motion for Relief

Motion for Relief from Automatic stay'

fto* nuto*uti.

by Judge Stay, Lopez-disagrees as directed

to, Kwan. Lopez Moves court to o"rrv frfoiioo esrablished fraud and misrepresent.ti"n

R.tLf from Automatic Stay based on

"i*uterial

facts by PITE DTNCAN LLP and

WellsFargoemployeesChinaBrownandSusanBowman'Instead'JudgeKwanreview to g/1/201 I to giv; *urt uno PITE DtTNCAN LLP time continues hearing to t witr, Exhibits 1 MERS Certiffing Hand Book' revised brief from Lopez aut altzstzol cBS 60 Mortgage Fraud Expert featured on Exhibit 2 Affidavit from Lynn sryrrroniu. ui1_g:u.t specifics as owlined in minutes establishing Corporate arrii,-*rf*id confirming wells Fargo N'A' as MERS Page MERS ,.rtifd; fiLlbrolq Exhibii3 and FREDDIE MAC page confirming servicer frr* #;fi'"rtr*"ri""t"d;;;tr; be with orrnuJi una tonrt*ation that note should FREDDIE MAc owns Deed Note established E*Jo"li'^^. Deed of rrust and FREDDIE MAc and not wells nullity' A nullity means the ortrust?r* split, this causes.a bifurcated. if note and deed serious issue if Freddie Mac Jorr uno rhe dsbr ;;;;;"tecured, secunry intrr.ril, ottl:f Ti:t and illegal possession of note securitization holding t."rf t[1 aurhorized endorsements' as evidenced by note was retained uv *ells Fargo N,A. (Hearing entered into Docket 712612011)

Case 8:1 O-bk-22755-RK Doc 165 Filed 01103112 Entered 01/05/1 2 Main Document Page 6 of 13

09:49:31

Desc

30. Hearing for Debtor's BK l1 Motion Objecting to Proof of Claims pertaining to Docket items 50, 51, 52, 53, 54, 55,56 is held on 1126120ll at 2:30 PM 411 4th Street Santa Ana CA 92701. Hearing did not come offcalendar as stipulated by counsel at BK Clinic and confirmed with Lopez.l-opezdid not attend this hearing as she was told with conversion from BKl l to BK7, Objection to Proof of Claim bearing would be cancelled and come offcalendar since related to BKl1. Judge Kwan continued hearing. L,oWz and 5 other banks not present. Only 2 banks present and time used to allow Present banks to communicate misrepresented facts about me not cooperating with Loan Modification offers and refusal to talk to both companies. Not accurate - Lopez never spoke with Real Time Resolution's Attorney at any time and other attomey, Lopez asked her to please put all requests in writing since phone conversations with bank attorneys are not effective and safe for Lopez. Judge Kwan Dismissed All of lopez's Objection to Proof of Claims *GOOD CAUSES" and granted favor to all banks giving no legal ."fet"tr"e other than including banks not present. Red FIag of further prejudice towards Lopez established with this bearing uod tn" award to banks of Dismissing All Lopez's Objection to proof of Claimslertaining to Docket items 50, 51, 52, 53, 54, 55, 55 without

prejudice. (Hearing file date

1n6n0lD'

31. Motion to convert BK7 to BK (Docket 100 dated 7n612011)

l3 filed by Lopez.Advised

by attorney who was in enor'

for Objecting to Pro-of of Claims 32. Orden Denying without Prejudioe Debtor's Motion infOrmed by BK 1l related to Dockets 50, 5l ,52,53,54, 55, and 56' I'oWz
under BK clinic counsel of Ronald Regan
be carcelled

*Jrr*on"a

(Docket 88, S9,;0;t i ,qz Aut"A

objection to Proof of claim hearing would dm calendar. This negative evsnt harnted Lnpez' II 7 n8l20l1 and Docket I 01 and I 02 dated 8/8/20 )'

r,o*tion

Gt

Motion 33. Notice of Hearing related to documents .100 Street Santa Ana 30, 201I at 2:30iM Ctmn 5D 4l I 4s
(Docket 99 dated 8/1/2011)' pwsuant to Title 34. Demand for stay while on Appeal
522
1

to convert to BKl3 set fol August CA9270l '

I U'S'C' Section 362 (C) (a) Sect

105 dated 8/8/201l)'

uds++tnl'ni"Juv orui"r vaterie Lopez(Docket

ro The 35. Notice of rnterlocutory Appeal to valerie l-opezat gg, gg,g0,g1,92,10i;ibt and projudice extended Bond relared to ."io"""in 6y Judge Kwan not sanctioning PITE of for Relief status Hearings Motion pressing issue s and'fraud e;1 seurt and not DLNCA].I for misrepresenting witnesses is required by Lopez's expert BRowN order to appear in "outt which .HINA 106 dated 8/8/2011)' vo ittra to date' (Docket to appear tt

supenedeas united states District court As A

* ."t.; il

il;;;;ot

36, Hearing

grgn*r - st'r Labeled status conference for Motion foundation for being rgr^ilTE otnrcAN to outline but still used as plat ro* stay meeting have nothing to lift of Stay' These-status conference granted right to be granted back in as told by Lopez by Garan prcgrcss orprrp#ng for hearins do with updates on K** he no longer had jurisdiction Z0l l. At this hearing, Lopezi,if""ita June Stuii,t*ing due to Lopezfiling Interlocutory fro* eri"*"ii, "agt
over this Motion for Relief

for Rerief from Automatic

Case 8:1 0-bk-22755-RK Doc 165 Filed 01/03/12 Entered 01/0S/12 Main Document Page 7 of 13

09:49:31

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Appeal. Judge asked Opinion of PITE DUNCAN Attomey Catherine Vinh and both confirmed that it was of their opinion that Interlocutory pertained to Objection to Proof of Claim Hearing and not Motion for Relief from Automatic Stay Hearing- regardless of fact that Lopez established Wells Fargo N.A. as defendant and Lopez communicated it was the evident prejudice demonstrated by Judge Kwan to all banks which procured the Interlocutory Appeal throughout entire management of BK Case which prohiUit Judge Kwan from establishing himself as a neutral parry. I",opez understood that hearing would not be continued with Interlocutory Appeal filed, but Judge Kwan ovemrled Interlocutory Appeal and continued Motion for Relief from Automatic Stay Hearing.
Judge Kwan was again advised by Lopez of all inegularities and explicit fraud and misrepresentation of material facts by PITE DLINCAN and Wells Fargo N.A. employees Susan Bowman and China Brown and Lopez's need for court to enforce order of CHINA BROWN to be at evidentiary Hearing not yet to be held. China Brown required by Lopez expert witnesses to confirm Wells Fargo N.A. lack of prudential and constitutional standing to be granted Lift of Stay. Instead of sanctioning PITE DLNCAN LLP and Wells Fargo N.A. employees, Judge Kwan diplomatically advises from bench PITE DTINCAN attorney which cases she should have used to frame her case against [,opea Judge Kwan advises PITE DLNCAN attorney to use RE: Veal an Arizona State Case

both cases would benefit the case of PITE DUNCAN and Wells Fargo N.A. To paciff Loryaludge Kwan instructed both PITE DTINCAN attomey and Lopez an opportunity to rewrite the briefs, Judge Kwan completely ignores strong evidence of fraud committed by PITE DTINCAN and Wells Fargo N.A. and does not enforce order for CHINA BROWN to appear in court so that Lopezcould bring in her expert witnesses standing by as experts await completion of Status Conference for Motion for Relief from Stay meetings used not as updates in reviewing progress in preparing for evidentiary hearing but to use as platform for PITE DTJNCAN to review its right to be granted the Lift of Stay, At this hearing, Judge Kwan failstosanction PITE Law and Gomes vs. Countrywide

OLfNCef.f LLp for fraud based on solid evidence provided to court; Judge Kwan which oase practices taw from the bench as he coaches PITE DLNCAN LLP conceming stifles discovery for Lopez by not law to use to develop brief against Lopez; Judge Kwan appearance as ordered sanctioning PITE DiINCAN for not establishing CHINA BROWN agreed to wells Fargo N'A"s request back on 3-15-201 I and the only reason why Lopez BROWN appearance for for extension for evidentiary hearing. Lopezrequired CHINA Brief due 9l20l20ll and effective use of her experts waiting-on the side. Supplemental Facts and Fraud Ignored by Judge Reply by l0l4l20ll. Misreprer"ntition of Material

Kwan_PITEDUNCAI\LLPcou|dnotexplainwhyanendorsemeuttoFREDDIE MAC was not showing on note. (Hearing entered on Docket 819/2011)'
Amended Deficiency letter to Appellant 37, Revised Interlocutory Appeal Docket 108 and

Docketl0gandRevisedDemandforSuywhileonAppealDocketll0-allthreedated
8/11/201l.

33.NoticeofMotior/ApplicationtocancelMotiontoConvertfromBKTtoBKl3asadvise 1)
by attorney

**

in

#or

00 (Docket

I 8 dated 8/30/201

09:49:31 Desc case 8:10-bk-22755-RK Doc 165 Fited 01 lo3l12 Entered 01/05/12 13 Main Document Page 8 of

39.

Transnittal of Additional Documents Filed Regarding USDC Case No' SACVI1,1228-DDP to United States District Court with attached service List-@E: Motion for Leave of Court to hle the Movant's Interlocutory Notice of Appeal frled Sn1n1l see docket I i4 (RE: related doouments 106 Notice of Appeal,l l5 Election to Appeal ( Docket I l9 dated 91712011)-

from BK7 to 40. order Granting Debtor's Request to cancel Motion to convert wrong advice from attorney. (Docket 121 dated 9l9DAl1)'

BKl3

due to

for Relief from Automatic Stay' 41. Movant's Srrpplemental Brief in Support for Motion of law suggestJUy ludgt Kwan and to rebuttal l'opez's evidence Revised based on Mac involvement; endorsements fraud and misrepresentation o? materii facts i.e' Freddie assignment not meeting legal irregularity establishing fraud; and fraudulent corporate requirements (Docket 123 dated 9l20l20ll)

new version of note which now shows a 42, Declaration Revised by SuSan Bowman with not explain on back of note/ this note version still does stamp blank "nOo.r"#"t inegularities. (Docket 124 dated 9l20n0ll)

opposition Yotlon 43, Addendum to July 25,2011 Debtor's not the from wells Fargo N,n. U1\ oflice admitting Stay includer r*hibi, l.nr,

to

for Relief from Automatic

exhibit 2 Neil Garfield securitization owner/real party orinterest but SERVICER;

ResearchCommerrtaryconfirmingo'iginuto'c\rvrSrtslgeLLC.soldloarrtoFREDDIE Status of Corporate Assignment MAC; exhibit 3 Lyrur Szymoniak efn"Javit confirming certiffing Hand Book explaining proper of Deed of rrust dated 1 r_nnarc*o ugns expert Assignments; exhibits 4'5'6 additional adminisEation requirements of Corporate
documentsandcourtdecisions.on..'ingfrau-dulerrractivitiesofservicerswhoattempt exhibit 7 Qualified Wrinen Request and to forectose on debt not owed ,",fr.L*iiers; was pITE DUNCIN and wells Fargo N.A' on 618120l I and Debr Validation sent to ignored' (Docket 125 dated 9,?ln011)'

44.Replyto(RelatedDocuments):125(oppositionfiled'byDebtorValerieLopez)Movant's from for Relief in support of Motion Amended Reply to Brief in support;i;;;i;" #1 Proof of Service) N'A' (Attactrments Automatic Stay filed by Creditor Wrfi'f*go
(Docket 137 dated 10/10/2011)

45.SupplementalExhibitsFinaloppositiontoMovant'sMotionforRelieffromAutomatic Lopez) Movant's dppotitio" nfta by Debtor Valerie by Stay (related a""r."*irl'f ZS lri;;i"; for Relief from Automatic stav Filed l) Amended Repty to Brief in suppoioi illtit) ( Docket 139 dated l0/1 8/201 Debtor varerie Lopez( Auachme;;i
in court or a6.HearingHeldMotionDeniedl]4JudgeRecusal.ll:]i.Lopezfequestedcourttoby require china Brown to be order established on 3/l SiZii 'o to be granted enforce to ailow wells Fargo N'A' i, oJy ,r*on L"o*;;;i witness telephonic *'rr,i, qyiiirti'.*ing, Lopezagreed as Lopez's expert as oppose to having extension moved cout to obtain of 6ftnu Brown. Lopezalio were dependent on appearance to wells who stated she did not endorse testimony of Karen cannistra "notriirndorser

Case 8:10-bk-22755-RK Doc 165 Filed 01/03/12 Entered 01/0S/12 Main Document Page g of 13

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Fargo N.A. and handwriting expert as written "Wells Fargo N.A. written in blank is not of handwriting of Karen Cannistra. Lopez was not able to complete her presenration to educate court 0f inegularities and questionable illegal possession of note by Wells Fargo N.A. and inappropriately tried to connect the illegal possession of note with Deed of Trust by executing and recording Fraudulent Corporate Assignment as established by Lynn Szymoniak. If Freddie owns the mortgage and Wells Fargo N.A. claims their capacity is owner of note and in their possession. There is confusion as Freddie claims to have the mortgage via their authenticated website; Wells Fargo claims to own the note and files fraudulent Corporate Assignment to connect the note which appears to be held illegally, Wells Fargo N.A. made effort to collect on a debt which is not owed to Wells Fargo N.A. - violation of Consumer Protection Laws and Fair Debt Collection Practices Act. At no time, has Lopez ever been given fair opportunity to intelligently explain and prove Wells Fargo N.A. has no right to be granted Lift of Stay starting with forcing China Brown to appear in court for questioning as ordered 3/l5l2l01l and required by experts witaesses of Lopez for effective testimony. Judge denied Lopez testimony of China Brown, Karen Cannistra, handwriting expert and requests PITE DTINCAN to bring original note to court. Status of finding note will be determined at

of note would cause problems N.A. whether they bring in original note or do not bring for PITE DLINCAN and Wells Fargo in the note. The lack of unity of note and deed of trust has been established and cannot be fixed with fraudulent corporate assignment. The issue is whether the rule of Iaw applies and the rule of law imposes certain obligations and certain burdens on people tryrng to foreclose and the fundamental one is that you must own both the note and the deed of tnrst; the note to follow the and deed of tnst was bifurcated- contract void. Wells Fargo N.A. chose not into Docket 1 0i20l201 I ) rule of law but to practice activities of fraud. (Hearing entered
next hearing set

for

lllll20l l, Lopez agreed as presentnent

I l:30 AM 47. Hearine Continued RE: Related documents 28 Motion for Relief lllll20l1 140 Dated 5U +f l 46 Sueer Santa Ana CA 92701 Notice of Hearing( Docket

C**

10/21l201l).
4g. Order Denying Morion for Recusal Signed

l0n6n0tl. (Docket 141 dated 10126/2011\'

to obtain Note' Next I at l:30

PITE DUNCAN LLP not able 49. Hearing Continued hearing date l2l7 f20l hearins set for 12t7 lz0l to get update in finding note. The pu +ir 4th Street Santa ena cR 92101(Docket 152 dated 11/7l2oll)'

lllll}}tl-

in Support for Wells Fargo N'A' Supplemental 50. Declaration re: Declaration of Todd Garan by creditor wells Fargo N'A' Brief and Motion for Relief from Automatic Stay Filed t hearing; Garan had until seconds before commencemnt of l2/7 /201 Lopeznot and Email of Lopez (Docket 155 dated 12172'011)'

,.*.J

Fa,x

l*wz had no Declaration seconds before hearing; 51. Hearing Held l2l7 120 1 1 ; Lopez served Possession as there is wells Fargo N'A' Holder In experts with her; Lopez established possession Fargo N'A' has note--evidence establishes serious question'as to ho* Wells possession of,note in Kwan grants Li"ft of Stay due to being as contrabano. case Judge Kwan coached PITE ng, Vial- the referencing UCC liOr and rleferen..t Lopez to Judge Kwan would not allow DLNCAN to use in rewriting their brief. of Central Disrict yet uses RE: Veal using CA FED BK CASEiaw outJide

jJg.

challenge 201 I ' In case of Lopez'evident Arizona state case recently repealed in Augusl

Case 8:10-bk-22755-RK Doc 165 Filed 01 103112 Entered 01/05112 Main Document Page 10 of 13

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Wells Fargo not legally in possession of note and also court permitting ROBO signing, Discovery and forcing China Brown to appear in court would have changed decision - a fair hearing would have changed the decision; sanctioning PITE DLINCAN for misrepresentation of material of facts and fraud would have ehanged decision. Attorney at hearing for PITE DLTNCAN admirs WELLS FARGO N.A. not the owner of note but Servicer. Attomey for PITE DUNCAN at 12-7-201I hearing passes a piece of paper to Judge Kwan and does not show Lopez. This piece of paper is to represent the agency

authority for Wells Fargo N.A. to be in court. Attorney for PITE DTINCAN states he does not know who owns thi note; attorney states could be FREDDIE MAC' Regardless of the unfair hearing and not permitting Lopez to question China Brown and bring in Lopez's experls, Judge Kwan allo*r granting of lift of stay to PITE DLINCAN and Wells Fargo N.A. - based on Wells fargo N.R. holding an alleged original note' Fair hearing and would have discovery and testimony oiChina Brown and Lopez's sxpel witress the fraudulent intent of PITE established that there is a paper trail that demonstrates trying to collect DUNCAN and Wells Fargo N,A.; never had legal possession of note and state consumer ['aws and on debt not owed to wells Fargo N,A. violation of Federal and l2l7/2011) Fair Debt Collection Practices Act (Docket 156 dated
52. Order Granting
53. Notice

Motion for Relief from Automatic Stay (Docket 158 Dated

lzn0n0ll)

of Appeal BAP Ninth circuit (Docket i 59 dated l2l19l2o1l)

Appeal part of thi: PlP 54. The Eanscdpts of hearings to be made a I I l, 1217 l20l 7 126120l t, 8D natl, 1 0i 920 1 l, I I /1 /20

3nsnul,6n20ll'

iu determining that there Whether the court to 60(d)3' was no fraud on the court pursuant intervening abused its discretion bolding tbat 2, whether the courr;;;;i and relief' movants reguested rights would U" pt";Ji"ed by 9t"n{1F Debtor to u[used i6 discrction by not allowing 3. Whether tbe court'J"oO "oO to appear in court concerning the question Cbina Btown, prson ordered

l.

.ffition

STATEII4ET-'{T

or ISSVES

FraudulentCorporateAssignmentrsexpertwitnessesofDebtorwere awaitingChinaBrown'supp"u,unc,toupp"u"incourttoexplainpapertrai| relief of nuo oo rtgut to be requesting tbe issues proving wrri, iu,e; il.a. tbe on to tile a Corporate Assignment stay or directing Clioa f'o*o TVells Faryo N'A' ; eourt security instrument to Debtor,s home china "-G;il;he fiiE buxcer-r for not following the order to ensure
never sanctioned Brown aPPeared at hearings
4.

its discretion by advising PITE whetber tn".ourt "r;;ffi abused case laws to use to frame a new brief to which stay DUr{cAN LLr oo ilp0ii as piri DUNCAN "ia wrtt' Faryo in obtainiug Lift of for would tu"o" which gn, veal tJsetisfy requirements case rr*

and then using Lift of StaY.

r".*..nded

case 8:1Q-bk-zzlss-RK

o,fi:,luj"",i;i?Xi,rB,Jn"

,T?,ii:o

o, tos/120e:4e:31

Desc

5.

wbetber the court erred and abused its discretion by not a[owing debtor ample floor time to erplain the serious issues *o"""oiog the note possession and biftrrcation of note and deed of trust between FREDDIE MAc and wers and specitrc requirem"or, fo, wetts ru'go x.a. to

ilitriil;i:
6' '

be in tegar

whether the court erred and atowing PITE DUNcAlr LLp to serve Dcbtor Decfaratio n on rzti /20r l to serve Debtor seronds before tbe hearing and grant the relief oo tzflDVll without Debtor not having access to ber erpert witnesses or ever obtainiug the opportunity to quescoJ cbina Brown. whether tbe court erred in not ricog'izing etdoavit of Lyun szyrnoniak technical expertise to confirm that tbe corpoot" eoigomeut signed by cbina Brown and prepared by pITE DUNCAN LLp ias fraud snd did not meet the Lift of Stay requirements,

This Affiant Victim and Witress to Criminal Activities further saveth Naughr.
Dated this 3rd, day of January in the year of Our Lord, 2012;

Respecffrlly Submitte4 "We the People, AU Rights Restored and Reserved, Never Waived,

Valarie Lopea Within U,C.C.

E, U.C,C, l-2Q7 as promulgated Sui Juris for the aforementioned

DEBTOR VALARIE LOPEa EX REL, any and all derivative thereof: Non-Domestic Non-Resident c/o: 158 North Center Street, Orange, State of California" of the Republic
Near [92866]

Case 8:10-bk-22755-RK Doc

165

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Document

Fited 01t03/12 _!nt91e-d 01/0S/12 page 12 of 13

09:49:31 Desc

NorE: when using this form to indicate service of a proposed order, DO.Nor rist any person Proposed orders do not generate or entrry in category an NEF because only orders that have been enlered are placecr on the cM/ECF

r.

docker.

PROOF OF SERVICE OF DOCUilIENT

I am over rhe ase of 1 8 and

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transmission al the email address(es) indicated betow:

;;;;U;;;, !,llt_1Tra19n,,,,,,' that.,,',,,;e;k;;thu-CrraricFo-o"*"1J#d'. Notice to receiveffi;1,1* adversary proceeding and determined the following person(s) are on the Electronic Mail
la lha r{aar rma^t /1^

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Pursuant to controlling General

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List

NEF

[_J Service information continued on attached pago

ll. SERVED BY U.S. MAIL OR OVERNIGHT MAlL(inoicate method.fqr each oerson or entitv serveo! on-,|servgdthefo||owingperson(s)and/orentity(ies)atthe|astknownaddress(es)inthis
bankruptcl cas or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first dass, postage prepaid, and/or with an overnight mail servico addressed as follows, Listing the judge here constitutes a declaratjon that mailing to the judge will be completed no tater than 24 hours afl,er Sre document is filed.

!
lil.

Service information continued on atlached page

"ntiiiT6ffito r,ntiv.P. 5 and/or c or (for those who consented in writing to such service method), by p-rson(s) and/or entity(ies) by personal delivery,

SERVFD BY PEBSONAL DELIVERY. FACSIMILE TRANSMISqIOI OR EMAIL (indicate method for each person or

iacsimile transmission adlor email as follows. Lisling the judge here oonstitutes a declaration lhat personal delivery on the iudge g!!@ completed no later than 24 hours after he document is filed'

I
I dectare under penalty

Service information continued on attached page

of perjury rrjoe,r,

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laws of the united states of

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Cowlfu

the Cenltal

olCalfomia

August 2010

F 901 3.3.1 .PROOF.SERVICE

EXHIBIT ENV
Proof Appellant's Package Sent to U.S. District Court by U.S. Bankruptcy Court - Central District- Santa Ana